HomeMy WebLinkAbout12 - Donation of Open Space LandAgenda Item No. 12
July 26, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949- 644 -3311, sbadum @newportbeachca.gov
PREPARED BY: David Keely, P.E.
APPROVED: A "
TITLE: Donation of Land from The Irvine Company LLC for Open Space,
Habitat Protection and Resource Conservation Purposes
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The Irvine Company LLC is offering to donate to the City the property located between
the back of the Park Newport Apartment site and the Upper Newport Bay for the
purposes of open space, habitat protection and resource conservation.
RECOMMENDATION:
Accept the donation of property located between the back of the Park Newport
Apartment site and the Upper Newport Bay from The Irvine Company LLC for the
purposes of open space, habitat protection and resource conservation. Authorize the
City Manager to execute the Donation Agreement and accept the Gift Deed and
Termination of Easement for the property on behalf of the City.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. No funding is required for the acquisition
of this property. However, some additional amount of funding will need to be added to
the Municipal Operation Department's annual budget for any required upkeep and
maintenance of this property.
DISCUSSION:
The Irvine Company LLC is offering to donate to the City the property located between
the back of the Park Newport Apartment site and the Upper Newport Bay (See
Attachment A). The site is approximately 3.8 acres in size and will be used for the
purposes of open space, habitat protection and resource conservation.
Donation of Land from The Irvine Company LLC for Open Space, Habitat Protection
and Resource Conservation Purposes
July 26, 2011
Page 2
The City has determined that the donation of the property for open space, habitat
protection and resource conservation purposes and the easement for access to the
property is a substantial benefit that enhances and preserves the natural environment
around the Upper Newport Bay and relieves the City of the burden of expending City
funds for the acquisition of such property.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
E� Stephen G- Badum
Public Works Director
Attachments: A. Location Map
B. Donation Agreement
C. Gift Deed and Termination of Easement
LEGEND
ATTACHMENT A
LOCATION MAP
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Fee Property
® Park Newport Property
0 r_s 4en
ATTACHMENT B
DONATION AGREEMENT
DONATION AGREEMENT
(Back Bay Parcel behind Park Newport)
This DONATION AGREEMENT ( "Agreement') is made as of
, 2011, by and between THE IRVINE COMPANY LLC, a Delaware
limited liability company ( "Donor "), and the CITY OF NEWPORT BEACH, a municipal
corporation organized under the laws of the State of California ( "Donee "), with reference to the
following:
WHEREAS, Donor owns certain property in the City of Newport Beach located
between the back of the Park Newport Apartment site and the Upper Newport Bay, which
property is approximately 3.8 acres in size and is more specifically described as the "Fee
Property" on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by
this reference;
WHEREAS, without any obligation to do so, Donor is willing to donate to Donee,
without consideration, (a) the Fee Property for use by Donee for open space, habitat protection
and resource conservation purposes, and (b) an easement for ingress and egress to the Fee
Property as more specifically described as the "Easement" on Exhibit A and which is located
within the "Park Newport Property" depicted on Exhibit B attached hereto. The Fee Property
and the Easement are collectively referred to herein as the "Gift Parcel." The donation of the
Gift Parcel shall be completed upon recordation of the deed for said parcel (the "Gift Deed") in
the Official Records of Orange County.
WHEREAS, Donee has determined that Donor's donation of the Fee Property for
open space, habitat protection and resource conservation purposes and the Easement for access to
the Fee Property is a substantial benefit that enhances and preserves the natural environment
around the Upper Newport Bay and relieves the City of the burden of expending City funds for
acquisition of such property; and
WHEREAS, Donor intends that the donation of the Gift Parcel qualify as a
charitable contribution under Internal Revenue Code Section 170, and Donee qualifies under
Internal Revenue Code Section 170(c)(1) as a political subdivision of the State of California,
and,
WHEREAS, Donor and Donee each desire to acknowledge, confirm and
memorialize Donor's donation of the Gift Parcel for the purposes described above, as well as
Donee's obligations regarding donation.
NOW, THEREFORE, Donor and Donee hereby acknowledge and agree as
follows:
1RC130209.023898377.4 7/13/2011
AGREEMENT
1. Descrintion of Property. The Gift Parcel, as more particularly described
and depicted on Exhibits A and B, will be, upon recordation of the Gift Deed, donated by Donor
to Donee pursuant to the Gift Deed.
2. Donative Intent. Donor and Donee have determined that conveyance of
the Gift Parcel to Donee will substantially benefit the public at large, and such parties
acknowledge and agree that the Gift Parcel has been donated by Donor to Donee for public
purposes to enhance and preserve the natural environment around the Upper Newport Bay. The
Fee Property has been held by Donor for investment purposes. Donee represents that it will not
hold such property for speculative purposes, which would contravene the donative motives of
Donor. Donee hereby acknowledges Donor's gift of its interest in the Gift Parcel, effective upon
recordation of the Gift Deed. Donee hereby confirms that Donor's transfer of its interest in the
Gift Parcel is a gift to Donee, without consideration, and that the gift is not a condition of any
past, current or future approval, entitlement or benefit sought by Donor from Donee or any other
governmental agency.
3. Acknowledgement of Receipt of Gift, Donee agrees to cooperate with
Donor by acknowledging receipt of the donation of the Gift Parcel hereunder on Internal
Revenue Form 8283 (Non -Cash Charitable Contributions) and on any other tax- related forms or
documents reasonably requested by Donor including, without limitation, a contemporaneous
written acknowledgment that complies with applicable requirements of the Internal Revenue
Code.
4. No Third Party Beneficiaries. No person or entity other than the parties to
this Agreement shall be deemed to be a third party beneficiary hereof, and nothing in this
Agreement, either express or implied, is intended to confer upon any person or entity, other than
the parties to this Agreement and their respective successors and assigns, any rights, remedies,
obligations or liabilities under or by reason of this Agreement.
5. Miscellaneous.
a. Successors and Assigns. The provisions of this Agreement shall
be binding on and inure to the benefit of the parties hereto and their respective successors and
assigns.
b. Governing Law and Jurisdiction. This Agreement shall be
construed in accordance with and be governed by the laws of the State of California, and each
party hereto consents to the jurisdiction of the courts of California, for the County of Orange, for
the purpose of any action to enforce or interpret this Agreement.
C. Authority to Sign. Each person signing this Agreement on behalf
of a party hereto represents and warrants to the other party that he /she has all requisite power and
authority to execute and deliver this Agreement for such party and that this Agreement, when so
JRC130209.0231\398377A 7/132011
executed and delivered, will be a binding obligation of, and enforceable against, such party in
accordance with its terms.
d. Amendment. This Agreement may not and shall not be deemed or
construed to have been modified, amended, canceled, rescinded, terminated or waived, in whole
or in part, except by written instrument signed by both parties.
C. Entire Agreement. This Agreement constitutes the entire
understanding between the parties hereto with respect to the subjects and issues addressed herein.
IN WITNESS WHEREOF, Donor and Donee have entered this Agreement as of
the day and year first above written.
DONOR: THE IRVINE COMPANY LLC.
a Del are limited liability company
By: (�f��
Daniel T. Miller
Senior Vice President
Entitlement & Government Affairs
N
By:
Hilary A. S alla
Assistant cretary
DONEE: CITY OF NEWPORT BEACH,
a California municipal corporation
M
APPROVED AS TO FORM:
City Attorney I�
By:
°lam
ATTEST:
JRC130209.0231\398377.4 7/13/2011
Exhibit A
Legal Description of Gift Parcel
The following real property located in the City of Newport Beach, County of Orange, State of California,
described as follows:
1. Fee Property
Parcel 2 of Lot Line Adjustment N.B.L.L.A. 94 -1, recorded February 8, 1994, as Instrument No. 94-
0092253, in the Office of the County Recorder, County of Orange, State of California.
2. Easement:
A non - exclusive easement appurtenant to the Fee Property over (a) all private and public roadways
(including driveways and parking areas) from time to time located on that certain real property located in
the City of Newport Beach, County of Orange, State of California, described as "Parcel A" (the "Park
Newport Property") on Exhibit A to that certain Grant Deed recorded in the Wicial Records of Orange
County, California ( "Official Records ") on March 1, 1994, as Instrument No. 94- 0148365 (the "Park
Newport Grant Deed"), and (b) those landscape areas between the Fee Property and the nearest roadway,
for vehicular and pedestrian ingress and egress to and from the Fee Property for inspection, maintenance,
repair and restoration of the Fee Property, all as more specifically described in, and subject to the terns
and conditions contained in, Section Don page 2 of the Park Newport Grant Deed.
JRC,30209.0231\398377A 71132011
Exhibit B:
Depiction of the Gift Parcel
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RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663 -3884
WITH A CONFORMED COPY TO:
The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660
Attn: General Counsel's Office
ATTACHMENT C
GIFT DEED AND TERMINATION
OF EASEMENT
(Space Above For Recorder's Use)
THE UNDERSIGNED GRANTOR DECLARES: This document Is recorded at the request of and for the
benefit of the City of Newport Beach, and therefore is exempt from the payment of a recording fee pursuant
to California Government Code §§ 6103 and 27383 and from payment of documentary transfer tax pursuant
to California Revenue and Taxation Code § 11922.
GIFT DEED AND TE1810'IINATION OF EASEMENT
Back Bay Parcel Behind Park Newport Apartments
(APN No. 440.132 -S3)
THE IRVINE COMPANY LLC, a Delaware limited liability company ( "Grantor's, hereby
grants to the CITY OF NEWPORT BEACH, a California municipal corporation and chartered city
( "Grantee'), the following:
a. fee title in and to that certain real property located in the City of Newport Beach, County
of Orange, State of California, described on Exhibit A and depicted on Exhibit B attached hereto as the
"Fee Property'; and
b. a non - exclusive easement appurtenant to the Fee Property over the real property
described as the "Easement" on Exhibit A attached hereto (the "Easement' ).
The Fee Property and the Easement are sometimes collectively referred to herein as the
"Property."
A. MATTERS AFFECTING CONVEYANCE. The conveyance of the Property shall be subject
to the following:
I. Taxes and Assessments. General and special real property taxes and supplemental
assessments, if any, for the current fiscal year, provided, however, that Grantor shall pay for (a) any such
taxes and assessments applicable to the Fee Property prior to the date of recordation of this deed, and (b)
any assessments, special taxes or other payments arising from bonds, contracts, or liens created by,
through or as a result of the efforts or activities of Grantor.
2. Encumbrances. All covenants, conditions, restrictions, reservations, rights, rights of
way, easements and other matters of record or apparent other than monetary liens, including but not
JRC130209.0231\398379.6 7113/2011
limited to that certain Deed Restriction recorded in the Official Records of Orange County, California
( "Official Records") on October 16, 1995 as Instrument No. 19950458234 (the "Deed Restriction ").
3. Customary Title Exceptions. Usual and customary exceptions to title insurance
consistent with ALTA policies with Regional Exceptions (Standard Coverage) issued by First American
Title Insurance Company in Orange County, California.
4. Condition of Property. The requirement that Grantee accepts the Fee Property and the
Easement in their "as is" condition, (a) without any warranty concerning suitability for Grantee's intended
use thereof, and (b) without any warranty concerning the absence of hazardous or toxic materials.
Grantee acknowledges that Grantor has not made any representations or warranties concerning the
condition of the Property except as expressly contained in this Offer.
5. Covenants. The following covenants, conditions, rights and restrictions (collectively,
the "Covenants"), which shall remain in full force and effect in perpetuity from the date of recordation of
this Gift Deed and Termination of Easement ("Gift Deed"), unless terminated or modified as hereinafter
provided. This conveyance of the Property is made by Grantor and accepted by Grantee upon and
expressly subject to these Covenants. Upon the occurrence of any breach or violation of any of the
Covenants without being cured within the times provided below, Grantor shall be entitled to avail itself of
the remedies specified below.
List of Covenants.
a. Covenant 1; Use of Fee Property. The portions of the Fee Property
outside of the 0.50 acre portion of the Fee Property described as "Mitigation Site B" in the Deed
Restriction and depicted on Exhibit B attached hereto (the "Mitigation Site") shall be used only for
environmental open space and passive recreation uses. Active recreation uses of the Fee Property are not
allowed. In no event shall Grantee install or permit the installation of any Cellular Tower(s) on the Fee
Property. For purposes of this Offer, "Cellular Towers" shall mean any type of aerial or aboveground
towers or facilities related to cellular telephone services or the transmission of communications or
information. The Mitigation Site portion of the Fee Property shall be used solely for habitat restoration,
habitat maintenance, open space and habitat protection as more specifically described in the Deed
Restriction. Any use of the Fee Property as permitted in this Covenant I shall be conducted in a manner
that does not in any material way obstruct the view, light and air passing over the Fee Property that is
enjoyed by the Park Newport Property (as defined on Exhlblt A attached hereto).
b. Covenant 2: Maintenance and Repairs. Grantee shall maintain the
Fee Property in safe condition and in accordance with applicable laws, ordinances and regulations
applicable to the Fee Property, and shall keep the Fee Property in attractive condition, free from garbage
and debris.
C. Covenant 3: No Transfer of Property. Grantee acknowledges that
upon acceptance of the Property, it shall not abandon the Property nor thereafter sell, lease, exchange or
in any other way transfer or convey all or any portion of its interest in the Property to a third party without
the prior written approval of Grantor, which may be granted or withheld in Grantors sole discretion;
provided, however, that Grantee may (A) transfer an interest in any portion of the Fee Property in
connection with a utility installation required in connection with Grantee's permitted use of the Fee
Property; (B) transfer any portion or all of the Property to another public or quasi - public agency,
maintenance district or non -profit corporation or entity that shall operate and maintain such portion or all
of the Fee Property in accordance with the uses specified in this Offer; and (C) transfer any portion of the
Property acquired by another entity under the power of eminent domain.
JRC,30209.0231V98379.6 7/132011
ii. Matters Related to Covenants.
a. General Purpose. The Covenants are hereby declared and agreed to be
part of a general plan for the purpose of assuring the enhancement and protection of the value, desirability
and attractiveness of that certain real property in Orange County, California, owned by Grantor or its
affiliates described on Exhibit C attached hereto (the "Beneflued Property'l. The Covenants shall run
and pass with each and every portion of the Property and be binding upon and burden all persons having
or acquiring any right, title or interest in the Property (during their ownership of such interest), or any part
thereof, and their successors and assigns; provided, however, in no event shall any language contained in
this document be deemed to restrict Grantor's right to convey any or all of its right, tide or interest in its
underlying property burdened by the Easement.
b. Run With the Property. Subject to the following provisions of this
paragraph, the Covenants shall inure to the benefit of the Benefitted Property and the owners of the
Benefitted Property and their successors and assigns, and the Benefitted Property shall be deemed the
dominant tenement for purposes of the Covenants. In the event that any portion of the Benefitted
Property is conveyed by Grantor or its affiliates to a third party (each parcel of the Benefitted Property so
transferred is hereinafter referred to as a "Transferred Parcei'l, the Covenants shall cease to benefit the
Transferred Parcel unless the deed conveying the Transferred Parcel from Grantor to the transferee or a
separate recorded document executed by Grantor expressly assigns to the transferee the benefits of the
Covenants that run with the Transferred Parcel by specific reference to this Gift Deed (general references
to appurtenances or rights related to the acquired Property will not suffice). Any owner of any
Transferred Parcel who has been so assigned the ongoing benefit of the Covenants hereunder is referred
to herein as a "Covenant Transferee." Any (i) merger of Grantor or its affiliates with or into another
entity, (ii) acquisition of all or a portion of the stock or equity of Grantor or its affiliates by a third party,
or (iii) assignment or transfer of the Benefitted Property to a division, subsidiary or affiliated company of
Grantor or such affiliates, will not be deemed a transfer of the Benefitted Property triggering the
applicability of this paragraph.
Every person or entity who now or hereafter owns or acquires any right, title or interest in or to
any portion of the Property or any improvements thereon is and shall be conclusively deemed to have
consented and agreed to every covenant, condition and restriction contained herein, whether or not any
reference to this instrument is contained in the instrument by which such person acquired an interest in
the Property or any such improvements.
C. Amendment. The Covenants may be amended by mutual agreement of
Grantor, any Covenant Transferee and Grantee. Any amendment must be recorded in the Official
Records of Orange County, California.
d. Term. The Covenants shall run with and bind the Property and shall
inure to the benefit of and be enforceable by Grantor, unless Grantor (and, if applicable, any Covenant
Transferee) record a declaration terminating the Covenants, the Covenants shall be binding absolutely and
perpetually on Grantee.
e. Default and Remedies. Because of the unique nature and scope of
development of the Benefitted Property by Grantor and its affiliates, as well as the amount of planning,
effort and time expended by such parties in reliance upon the anticipated uses of the Property and the
Benefitted Property, monetary damages will not provide an adequate remedy for the damage to such
planning efforts or development resulting from a breach of the Covenants. Therefore, in the event of any
breach, violation or failure to comply with any of the Covenants which has not been cured within thirty
(30) days after written notice from Grantor to do so (or if any such breach, violation or failure cannot be
fully cured within such thirty (30) day period, then upon failure of Grantee to commence such cure within
1RC13D209.0231\398379.6 7/13/2DI I
such period and thereafter to diligently complete such cure to Grantor's reasonable satisfaction), Grantor
shall be entitled, in addition to any other remedy to which it may be entitled by law or equity (other than
damages), to specifically enforce the performance of the Covenants and Grantee's other obligations
hereunder or an injunction to enjoin the continuance of any breach or violation of the Covenants or terms
of this Gift Deed.
f. Waiver. No waiver by Grantor of a breach of any of the Covenants and
no delay or failure to enforce any of the Covenants shall be construed or held to be a waiver of any
succeeding or preceding breach of the same or any other restrictions or conditions. No waiver of any
breach or failure of any of the Covenants shall be implied from any omission by Grantor to take any
action on account of such breach or failure if such breach or failure persists or is repeated, and no express
waiver shall affect a breach or failure other than as specified in said waiver. The consent or approval by
Grantor to or of any act by Grantee requiring Grantor's consent or approval shall not be deemed to waive
or render unnecessary Grantor's consent or approval to or of any subsequent similar acts by Grantee.
g. Cost of Enforcement. In the event any declaratory or other legal or
equitable action or proceeding shall be instituted between Grantor and Grantee to enforce any provision
of these Covenants, the party prevailing in such action shall be entitled to recover from the losing party or
parties the costs and expenses, including court costs and reasonable attorneys' fees."
B. TERMINATION OF EASEMENT. Grantor is the successor in interest to The Irvine
Company, a Michigan corporation, the Grantor of the Property described in the Park Newport Grant Deed
(as defined on Exhibit A attached hereto and a copy of which is attached hereto as Exhibit D , including
but not limited to, the easement for the passage of light and air across the "Point Area" described as
"Parcel B" on Exhibit A to the Park Newport Grant Deed ( "ParceiB "). In view of the conveyance of the
Fee Property hereunder to the City of Newport Beach and consistent with the provisions contained in the
legal description for Parcel B as set forth in Exhibit A to said Park Newport Grant Deed, Grantee hereby
terminates the easement for the passage of light and air described as Parcel B in the Park Newport Grant
Deed. Said termination of easement shall be effective upon the recordation date of this Gift Deed and
Termination of Easement in the Official Records.
C. MISCELLANEOUS.
1. Captions. The captions used herein are for convenience only and are not a part of this
instrument and do not in any way limit or amplify the scope or intent of the terms and provisions hereof.
2. Application to Grantor. Notwithstanding anything herein contained to the contrary, if
Grantor or any successor to Grantor reacquires title to the Property or any portion thereof, the provisions
of this instrument shall automatically cease and terminate as to such reacquired property and be of no
further force or effect as to Grantor or such successor.
3. Notices. All notices, consents, demands, requests and other communications provided
herein shall be in writing and shall be deemed to have been duly given if and when personally served or
48 hours after being sent by United States registered mail, return receipt requested, postage prepaid, to the
other party at the following respective address:
If to Grantor: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660
Attn: General Counsel
1RC.J0209.0231\399379.6 7/13/2011
If to Grantee: City of Newport Beach
Public Works Department
3300 Newport Boulevard, (P.O. Box 1768)
Newport Beach, CA 92658-8915
Attn: City Manager
and to: City of Newport Beach
City Attorney's Office
3300 Newport Boulevard, (P.O. Box 1768)
Newport Beach, CA 92658 -8915
Attn: City Alloruey
or at such other address as the Grantor or Grantee may designate to the other in writing.
jI. I xbibits. The following exhibits are atciched to this Gill Deed and incorporated herein
by this reference:
a. FxiribitA
Legal Description of the Property
b. E•.vhibit F
Depiction of the Property and Mitigation Site B
C. F_.vhibit C
Description of Benefitted Properly
d. E.chihit D
Park Newport Grant Decd
5. Compliance with Law. Grantee agrees and acknowledges (hat this Gift Deed and the
conveyance of the Properly hereunder comply with all local, stab+ and federal laws. and Grantee's
acceptance of this conveyancc is not prohibited under and does not violate any provision of local, stale or
federal law.
6. Authorih'. The persons executing this Gill Deed on behalf of Grantor warrant that they
are duly authorized to execute this document..
IN WITNESS WHEREOF, Grantor has executed this Gift Decd and Termination of Casement as
of ,J117 19 , 2011. This Gift Deed shall not be cllective for any purpose unless and until the
Acceptance below has been duly executed by Grantee.
"GRANTOR"
The Irvine Company LLC,
a Delaware limited liability compel
'14411- Lq,
13 v: i
Daniel T. Miller
Senior Vice President
Entitlement &f Government Affairs
Ihlilary A. Sht lla
Assistant Sc lrelary
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STATE OF CALIFORNIA )
COUNI'I "Y OF ORANGE% )
On �it,�7 20//. beioru me; rJersonalh'
appeared Dnnul r. itifiller, who proved to me on the bask of satisfactory evidence to be thc,p erson(sr
whose nanny(~ }' arc ubscribcd to the within instrumnnt and acknowledged to me that lhchile /they
executed the same ill his ter /their authorized capacity(ieS -, and that b his herh'hcir signanue(s) on the
instrument file pi:rson�9); or the entity upon behal'l'ol'which the purson(sj acted, executed the instrument.
I certify unifier PENALTY OF PERJURY under the law:; of the Slate of California that the Ibreguing
paragraph is true and correct.
WITNESS ntv hand and official seal.
(SL ;%1 -)
SiATU" OF CALIFORNIA
Notary Public ii and for said State
JONI GROSSiAAii
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Orange County
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COUNTY OF ORANGE: )
On _•J —'" x20/i.. before me, personally
appeared Rilavy A. Shalla, who proved to me on the ba!;is of satisfactory cvidcncc to be the person4s}
whose namg(slj'lyDare .subscribed to the within inSU IMCIII and acknowledged to nt(: that haJr ythey
executed the same in his to 'their authorized capncity(ii ',), and that by his ier/thcir signanu'e63) on the
ill strument file person(s), or the entire upon behalf eP tyhich the person'
s)' acted, executed the instrumen!.
I certify under PEN MALTY OF PERJURY under the law;. of' the Staic of Calitbntia that the fcire:oill
paragraph is true and correct.
"'ITNIIFSS my hand and official se;d.
Notary Public in and for said State
(SHAL)
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CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by this Gift Deed and Termination of Lease dated ' 2011, by
and between the City of Newport Beach, a municipal corporation, as Grantee, and The Irvine
Company LLC, a Delaware limited liability company, as Grantor, is hereby accepted on
, 2011, by the undersigned officer on behalf of the City of Newport
Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council adopted on
July 27, 1992. The City consents to the recordation of said document in the Office of the
Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CIT�TORNEY
By:
Leone Mulvihill '%A\\
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Assistant City Attorney
ATTEST:
Un
Leilani I. Brown,
City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH,
a municipal corporation
Dave Kiff
City Manager
On ' 20_, before me, personally
appeared Dave Kiff, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
1RC\30209.0231\398379.6 7/13/2011
DESCRIPTION OF THE PROPERTY
The following real property located in the City of Newport Beach, County of Orange, State of California,
described as follows:
Fee Property:
Parcel 2 of Lot Line Adjustment N.B.L.L.A. 94 -1, recorded February 8, 1994, as Instrument No. 94-
0092253, in the Office of the County Recorder, County of Orange, State of California.
2. Easement:
A non - exclusive easement appurtenant to the Fee Property over (a) all private and public roadways
(including driveways and parking areas) from time to time located on that certain real property located in
the City of Newport Beach, County of Orange, State of California, described as "Parcel A" (the "Park
Newport Property') on Exhibit A to that certain Grant Deed recorded in the Official Records of Orange
County, California ( "Official Records") on March 1, 1994, as Instrument No. 94- 0148365 (the "Park
Newport Grant Deed'), and (b) those landscape areas between the Fee Property and the nearest roadway,
for vehicular and pedestrian ingress and egress to and from the Fee Property for inspection, maintenance,
repair and restoration of the Fee Property, all as more specifically described in, and subject to the terms
and conditions contained in, Section D on page 2 of the Park Newport Grant Deed.
JR000209.0231\398379.6 7/132011
Exhibit B:
La : -IiiYZli
DESCRIPTION OF BENEFITTED PROPERTY
The properties described below shall constitute the "Benefitted Property" for purposes of this Gift
Deed, provided that any such property shall cease being a "Benefitted Property" at such time as fee
title to such property ceases to be owned by Grantor, The Irvine Land Company LLC, Irvine
Community Development Company LLC, any of their respective divisions or affiliates, or a Covenant
Transferee as provided in Section A.5.ii.b (entitled "Run With the Property") of this Gift Deed.
PARCELI
(Fashion Island)
Parcel A:
Parcels 1 through 9, inclusive, in the City of Newport Beach, County of Orange, State of
California, as shown on Parcel Map No. 86 -399 as per Map filed in Book 221, pages 30
through 36, inclusive, of Parcel Maps, in the Office of the County Recorder of said
County.
Parcel B:
Parcels 13 through 17, inclusive, and Lots Q, R, S, U, R -1, R -2 and R -3 of Tract No.
6015, in the City of Newport Beach, County of Orange, State of California, as per Map
recorded in Book 239, pages 28 through 41, inclusive, of Miscellaneous Maps, in the
Office of the County Recorder of said County.
Parcel C:
Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown
on a Parcel Map filed in Book 67, pages 2 and 3, of Parcel Maps, in the Office of the
County Recorder of said County.
Parcel D:
Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown
on a Parcel Map filed in Book 75, page 48, of Parcel Maps, in the Office of the County
Recorder of said County.
Parcel E:
Parcel 4 of Parcel Maps, as shown on a Map filed in Book 67, pages 2 and 3, of Parcel
Maps and Lot W of Tract No. 6015, as per Map recorded in Book 239, pages 28 through
41, inclusive, of Miscellaneous Maps, all in the City of Newport Beach, County of
Orange, State of California, in the Office of the County Recorder of said County, lying
within the land described as Parcels I and 2 of that certain Lot Line Adjustment
N.B.L.L,A. 87 -3, recorded November 13, 1987, as Instrument No. 87- 640346, in the
Office of the County Recorder of said County.
JRCt30209.0231\398379.6 7/132011
PARCELTI
(Corona del Mar Plaza)
Parcel A:
The southwesterly one -half of Parcel 2 as shown on Parcel Map No. 90 -361, filed in Book 270,
Pages 15 to 18, inclusive, of Parcel Maps, Records of Orange County, California.
Parcel B:
The northeasterly one -half of Parcel 2 as shown on Parcel Map No. 90.361, filed in Book 270,
Pages 15 to 18, inclusive, of Parcel Maps, Records of Orange County, California.
Parcel C:
Parcel 1 of Parcel Map No. 90 -361, filed in Book 270, Pages 15 to 18, inclusive, of Parcel Maps,
Records of Orange County, California.
Grantor shall have the right at any time, by duly recorded amendment(s) to this Gift Deed executed only
by Grantor, to unilaterally amend and/or provide further descriptions and/or depictions of all or portions
of the Benefitted Property described above.
JR030209.0231\39079.6 7/132011
*X-I y C
PARK NEWPORT GRANT DEED
3RN0209.0231\398379.6 7113/2011
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V,7M RE=PDED DfAM TOt
Pmtr Newport ltd.
do Garcon Dakar A Asrndatas
201 Flint Snroet, Sulm 700
San Funds o, CA 4417 3-3298
Attention: Richard Phmkln4 Psq..
DOC O 94- 0148365
01 —MAR -1994 03a39 PM Pan
Rarnrded In O)fldal Records
sf 0nnse Conti, California 0
Lra A. Bunch, Ccenty Retarder
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FOR A VALUABLE CONSIDERATION, rocelpt of which is hereby ackwo lodgod, THE
IRVINE COMPANY, n.Michlgan corporation ('Grantor'), hereby grans w PARK NEWPORT LAND
LTD„ a Cagtbmin limited partnership ('Grantee'), that cersin real property In the City of Newport
Beach, Couaq of Orange, Seta of California described In EXHIBIT A attached hereto (the 'Property-);
EXCEPTING AND RESERVING UNTO GRANTOR, Its rumetsom and atslgm together with
the tight to grare Lad transfer all or o pardon of ilia -ante, as follows:
A. All oil, oil rights, mlwAds, mineral rights, -Mural gas dghre and other
hydrocarbons by whatxc a mire known, goothmsal u-- and all products derived from my of the
fortgaiog, that may be wimlm or under the Property, eogethcr with the perpetual right of drilling, mining,
imploring sad operalng tharetbr and scoring In and removing the tame from said Property or any other
land. Including rho right to wbiprtu* or dironloeally, drill and mine, from lads other mm the Pmpc ty,
oil ar gas wdLL, amoola and thnRa into, through m across ilia ndaurfoco of the Property, and to bottom
web whlprtocked or directionally drilled wells. turn and shaft under and beneath or beyond Net
e:tsrbr Ilmib therml,.aa4 to cuddll, rwrmd, equip. malntnln, repair, despon and operCa any meth walla
or mines wkhou% however, the right to drill, mine, stare, explore or operate through or dhawlsa usa
the mrfsm as the upW 500 feet of the subsurr x of We Property.
B. Any and all water, water riou or interests therda appunamnt or relatlog to the
Propody err owmd m used by 0rantor to wmaaian with m with rerpect m tho Property (w --"—how
acquired by (Itam or), whether weh water rights shill be ripsrien, overlying. approPdatl'm, Itttorni.
perooiming, . pn=rlpttvo, adjudicated. statutory m continental, together with the right and power to
ORANGE,CA DOCUMENT: DO 1994.148365 Page 1 of 16
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=plot*, drill, retrill, remove and store the same from or a the Property or an divert or otherwise utdl4e
curb wvter, .rights or Interests on any other proporty, owned or Inaami by (Imaging; bug without, however
any right an erdcr upon or disturb the sunsco of uw Properly or in drill or otterw4a phyrieally Intrude
Leon the upper See feet of the submnrteco of the Property In the morcio of such rights.
C. The right, In corm egloo with the construction of any am mideadal udm or
buildbega on the Property, to plam on, under or across tho Property, underground trnnrmlmbo Moat and
other f=UWn for a commrmlty rata an television system to serve the Property and the improvammm
thereon and thereafter a awn od cowmy such Rare and 2ciiiasi. and the right o cotes upm the
Property to servlm, rminWn, repair. raconWCt and repteo sold Iloan and facllltla: provided, however,
that (t) transm4alon dims sad other Ihcllita shall ba pitted Its tocstlova renronably rperlHed by Grantee,
and (2) the mantle of such rights shall not unruonably Interfere whb Gramm'n razzorijbIs toga and
enjoyment of the Property.
D. A non-arciuslve oraemem, rppunemnt o that real property desttfbod an
EXitmfr A mter6ed Lame (the -Poim Ana') over (1) all private and public roadways (locudfog
drlvewsya and parting areas) from limo to time located an the Property and O) those Iandacapod areas
beMean the Poll Aura and the entreat roadway (colloctively, the 'ACCms Area'). all for Use purpose,
of vabWeir and pedestrian Ingress and cw to and from the Point Aron for Inspecdoo, roafntmmco,
repair and ramradon of the Poled Arco- Grantor shah, ercep In the event of as cramgcacy, give
Gramm reasonabis tmtim of Its Intent to use the Access Area and um the Accos Aroa only during
oormd beatoacs hours. Granter shall promptly repair my damage to any of Iha Accoa Arco caused by
u o cheroot by Griner or Its mq+loyrm, contractors. &pants or repneuntmlvts, (mllmdvely, tho'Polnt
Amer Users'), and Greater agrees to ladmnnlfy, defend and told Gramm and its property hatmlost from
all Loss, HabOgy, darmge, eosin and aspaereo (including atorvnyn' fees) arising from. caused by or
related to the t ge by the Palm Area Usage of the Amax Area; provided, however, that Grantee ahall not
be milted to Irdmanlfleaion from any loss, liability, damage, costa or eapeasm to the eatast oruddithrd
by a Donn of competent Jurisdiction, to have bean caused by the gross nogllgmm or willful adsmaduet
of Grantee. Granmr'a right and obligadons under this paralprpe shall Imuse to the bec efit of me essor
owners of the Polar Aron, and upon any such trarufer of the Point Area the prior owner Mall be mliavcd
of any obligation under this parregraph relmlug o any lost, liability, damage, agent or espeme arising etc
such transfer.
SUBJECT TO:
All general and special eases and anseasohonss and my and all bonds and/or asaeuaream;
2. Tbm certain Doceratloa ofSpwlnl Lnd Use Restrictions roeordod concarrently herewith
and Incorporated bottle by this ref=mta;
3. At other covenant, mmWoas. restrictions, rasorvalaaa, rights, rigbta -of -way.
easements, dadlotam, offam of dodlcarlom and other matLav of record or apparent: and
4. An be that portion of the Property dascribcd is jam]' Brr C haoo (the -1 -a dotal
Property? only, the following aoveaaata, conditions. rights and rasrlctlons (collectivaly, tho'CC&Ra7,
which chili reaae In full form nod effect for a paled of slaty (60) yon from the dace of rccordmloa
of this Inn nnad ualos knalamod or modified age hereinafter provided.
(a) PureogclofCC&Rx . Groner 4 die o sad developer of a larger and uulquo
landholding In Orange County, Cal Morals. of which the Prop" 4 a part, and Greater Is aegaged la
emwuvu.a..,r tr, tent
o.r ry
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master- plawnh4saidlandbotding . 'Me Landscape Property will behlghty visible along major acceenwaye
In a.Anin of Grantor's oifluc, m1asu tiai and residential intaror planned development, as weii as along:
the ocntatweys to the residential eommunRy developed on the Prupeny by Graotm. Accordingly,
Grantor It concerned that the use of the Landscaped Property be clearly satrietcd w imdaeapmg and that
the mitoing mahumsece of the Landscape Property be tlghlly ,mantled. D"ntor and Grantee will all G
benefit mawla ft from development sad ongoing maintenance of the tsndscapo Property In good r6
condition for landscape purposos oNy-
(b) .1110 of the f md-r - Aran -•.. parepl with regaN to (o) "haing momu,moa
and walla, (b) 1mrse raalning walla which do not auderially change the grades elevation or oppnaranm
Of the r wdxm,.a Property steal (a) tadargmund utility facllidee which may be reasonably Otcaaanry In
coaaecdoa with the use of the Property, the Luhdtcepo Property shall be usad only an landscaped areas,
and shall be continually pleated and odw wke landscaped In good condition and appearanw, provided.
ha w, that. my Portlon of the Landaspe Pmperry shosvd, on EMiMrr C o 'glop,, Area' wary be
maintained In Its natural condition with native vngcmtlon. The Landsgpo Property may be used only as
act Ibsth alovo and %hell Out bo developed, used, operated or nalntadud for my other putpos ,
whubetv".
(c) f iult "9s, Mainrenr Grantee Lhall ptevWs coWante" malmeamcd, for all
of the ladscaplog on des Landscpe Property In such manner and at such, Intervals, as &hall be required
w at all Umre maintain the Lmdic" Property In the coadlaun Intradcd In occordsaw with the forcgolog
Paragraph, granted, shall keep the LaadacapO Property Vroa and clear Of all woods. drbtin and rubbish
and In good, neat, clean and alghdy condition. Gractos ahall provide, mdmnbr end repair sprlmdora and
other lamlacapo nwimanwo, equlpmaot and 15=111dea as nwxnxary, tom mahiunia the Landscape Property.
S. Other Provisions, R rdi CCRRa The .foregoing OCRRs shell be subject to the
follawIng additional provlalow:
(a) O neral Purnow and Cenrnlmtve Notice. The CC&Rxme hmaby declared and
agrad to be put of a general plan for the purposo of assuring the enhancement and protaction of the
value, desirability and abacilvoness of other lard owned by Granter Lad located In Orange Catcuty,
"Uhmia, seem specifically described In EXHIBIT D below (hvelo mferrM to a the - Ronnfltted
Property'), and shall rot with the Iced -c" Property and be bindingapon Oradoo and dl successors
and uslgns, and &ball bonafft the Benatled Property and be caforcmble by Clamor. It Is tslcnded that
Use domlaaet tenement shall be dl of the Bewfltted Property, and that the swims tea—' &ball be the
Landscape Property. At such tlma as any Beaetltmd.Property to" Or transferred to n third party other
that a pertained aumeaor under Section S(f) below, it shall Oo longer be considered put of the
iscadithod Property. Every person Or entity who row, or bamaBer owes or wphsat easy right, side or
Interest to or to my portion of the Landscape Properly is AN "I be oonduaWdy deenrW to have
can"amad nod agreed to wary covtmam, cond don, and rarufoll" mnWhmd harem, whether or out any
reference to this Instrument to conralnal in the Insimmsnt by which such person acquired m Imnrc:lt In
the I am capa Property. to the went Drawn forest a homeowners' association and Irmesev all or o
pardon of the Landaatpo Property to such assoeladusto the association stall maintain all of the Landscape
Propvty pwa of w tbo terror hermf eaeeps those pordont whkb bavo bent or errs ntbaaq=a dy oocepted
tar malmmance and ano than thing mtlmstatd by a landscape nWmuaarn district, other governmental
agency, or other bommwaera' association, aotwldlswding the fact that such meclatlon may cost own
all of the Landscapa Property, Upon any such transfer of all or a portion of the landscape Property to
arch hommwnem' association. Grosses shall thereafter have an liability Or rapomibillty, as m such
trarufurnd ponders, but OrnMOe shall not be released from liabilities Or mrpomlbllltlw ulsing prior to
such transfer Or based on act or ac<urrcnctr prior to such transfer,
mows LTM1Ftir I,. i
M r,wM
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(b) 2efnnlrsnd Remedies, In theevant of my breath, vlolmton or fafiure to perform
or satisfy airy of the CC&Ra which has nor been sued within 30 days after written notion from Grantor
to do a, or If such default cannot be cored within such it=. than If such cum is not than being dlllQontly
punuod to compdellon (hut such cum must be offoacd no later than 90 days from web wrluon unit").
Orator at Its solo option and dis"atlon may safer" my one sr mom of tho following rcmedlea or any
what dgbb or rcmodlea to which Grenfor my bo ea ll cd by law or oquhy, whah" err not aex ford.,
hemla All remedita provided hat-Wit or by law or equity stall be murmisdve and not delusive.
(1) Efggl=a Gnome may bring a nth tar dosage for my compam blo
breach of or noncompliance with any of the CC&Rs, "d"lantory relief to detertalao the "fieria bit Ily
of my of the CC&Ra.
(iD FaLLI y. it Is rxogalyd that a violation by Gnmas of one or more of
the foregoing CCARo may crosw Grantor to suffer mmerdal Injury or damage not campauablo Ia money
(Inehedleg, but net limited w Imsparabie "dens on the type and ongoing quality of the development on
the Beoagttad property err Portion; tb"eoD, and that Oramar shell be cmhlod to bring an aalas In equity
or othatwlse far specific performance on enforoa aumpilaaoa with the CC&Ra or as Injunction to enjo)n
the continuance of my such breach " violation thereof whether or not Drmtor eacrclaes my other
remedy.
(c) Sit➢' l" . No waiver by Orrotorof a breach of any oftho CC&Rs by Grantee, and
as dd0' err failure to enforce my of the CC&RA shall be construed or hald in be a waiver of any
succeeding or preceding . breach of the stme or any Other of the CC&Rs. No walvor of any breach or
dcfbuult of Graatw hereunder shill be Implied from my omfsslos by Grantor to take, say action on account
of such breach or dafault If such breach or default pershm or to repeated, and sa express wal d shall
alfect a breach or dehmlt ather than m spodficd to old waiver. The consent or approval by G... r to
or of my act by Dresses cequlrlag Grmwr's cornet or spprovd shall not be, doemad in waive or roader
uaaecmassy Grantor's consent or approval to a+ofany subsequent similar spa by Greatest.
(d) Cgjta of Enforcement. In the even my legal or equitable salon or proceeding
shall be lusdruW between Orator and Coition to onforco my provision of this Inatmmeu% the party
provaflfng in web salon shall be entitled to recover from the losing party all of ha mm, including court
costs all rmsonAle aiwmnyi fees.
(e) Rights of Lenders, No breach or violation of the CC&Ro chill defeat or render
Imvalld the Ilan of my mongage, died of trust or similar Instrument sawrtag a tom made, in good faith
sad for value with respect to the purchasa, development or permanent Mande of the Ire scspo
Property or any portion thereof; ptovided. that all of the CC&Rs shall be bladUhg upon and eiTixtive
against my subsequent owner of the l.adscaped Property or portion thereof whose, title in acquired by
forrJoruro, trumiso ode, dead In Ilan of forcclonuro os otherwise pursuant to web lice rlghm, but such
subsequent owner shall take tide free sad dear of my liability for vloladow by Grimm, ar my succaaor
owns of tha CC&Ra occurring prior to web transfer of Ilge.
(f) AS31m e m by fnnmr. Aoy ad all of tho rlghw, powars sad duties of cantor
herolo connhmd may bo assigned we subsidluy am oratlou, sister oorporalo4 or a phamht earporatlon
of Oraator, wblcb malty Is the fee owwr of anypoNnu of tho gmaflued Property, so long as such earthy
In mining alpaca to assume the dudes of Grantor banned". Upon the recordation of web writing
accepting such assignment oral assuming web dutlm. such salty shelf have the same rights and powers
and be subject to the samo obillisdorm and duties as are. gives in and auumed by Grantor herein and
Grmuor shall loo rcleved of my fuller abllliatbnt ar.Ilsbllitlu herwnd". Ocmtols Nghq and i>owe"
ahwo„_arau.�r n, uw 4
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shall auamWlcally Inure o the bind it of and pass to any successor by merger of Onanmr. The Irvine
Compmy, as Grantor, nod the pemhtad sucocsaoro and asalgrn described In thin subparagraph (f), and
no other possess or entity, Dull have the right to eaPorco the CC &Rn or to romver dumngm or other
awounra for vlolatow of rite CC&Rs or broach of Gramt+'a obligations herounder.
(g) Trrminmlon or Amendment_ The CC&Ru omy be validly tennloatad, tromied,
modHled or axtath fm in whole w to psM only by recordation with tha Orange County Recorder of n
prop" lastrhrnrm duly executed and achaowlsdged by Ormtor to that effo .
(h) Cattlans. 7ho captlow used hwaln arc for wwealeaw only and eta trot a pct a
of thin last amen and do not to any way limit or ampllty the aaopo w futvd of the taws and prwisbm
he wed.
(0 ImdldlmofProvista . if any Provision of tfitclwtrummd ns arppliad to OramM
cr Osman or to say cirwmsbn shall bo adjudBod by a o n of compctoat JUrladirsloo to be wld or
untdbrambte for any reason, the saa a shall Law way sobs (to the oaxbnute n I percu afble by law)
any other pmvlsba under drrnmsbm ditr m bum thew 4udlatod by the court, or the Validity of
enforcoobUhyof this tart uoeot a a wbolo.
(J) Node . All ootcrs, contain, tcquests, detnartda and other cwnmmlatiooa
provided for haraln shall be In writing and shall be dcemcd to b"o boau duly givrn if sad when
per nnlly nerved" forty-48ht (48) boon altar being teat by United States cadfled or rea4med =11,
return receipt requested, po eage Prepaid, . w the other party W the following reapxtivo addrasos:
ORANTOR:
THE IRVINE COMPANY
do IRVINE LAND MANAGEMENT COMPANY
350 Newport Center Drive
P.O. Box I
Newport Bomb, CWlforda 92658 -8904
Atteatlon: Ptasld"t/ILMC
Fm No. (714) 720.2421
with a copy o: IRVINE LAND MANAGEMENT COMPANY
550 Newport Coates Drive
P.O. Eon 1
Newport Btwh, California 92658 -8904
Auction: Oaaerat CounsevUMC
Fax No. (714) 760 -0896
GRANT
PARK NEWPORT LAND LTD.
Go Denton Belmar & Au left
201 FUbtrt Slroct
San Prancisco, CA 94133 -3298
Attoodoa: General Partner
Fax No. (415) 391 -1895
� It. trw
M MT•
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or at tucb othw address sa flmmocor Oraawe may dofljp O to the other in writing In a=crd=* with
tha provistow of thin Sodko Nods# may also be atom by Ac;tImlla tr rnhsloa w any petty m the
respective Pot =caber aim above, Provtdod rooalpt of such trammiaabu ehdi be oonfinuN with follo
up smrlm within aavwtyiwo (72) boom by anothr mwbod authorbwd above. Notion by feoalmdo
trawmhmlou sha)l be demaW served or dollvared upon actual receipt at the fhx camber 1 Wed above,
iW ARwh -zone m Uraatar. Notwtth a tsy anyway to the aDutrwy in this
butru , If Ormlor taacgnhra title to the Land=Pe.Property or any portion theroaf at any dam art r
the data hereof, tba Oc&Ra abalt we rwordarioa in the OM19os of the Orange County.Reoordar of A
notice of tamilnatloo extorted by Grantor came and tamfaam sad be of no thither Comb or atRct to to
Grantor and such prop . dflea tvo m of the dare of sucb recordation..
JaeI,WAM4� 11. IOM MGM
(� Qu and
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v
By: G. EAKAR PROPERTM, INC.,
n California corpora lon,
Oman Pa=w lel
By'.
O6taoa B*W, Preside#
By: A. WRS13Y PROPERTIES, CO.,
a CWlrmale mrposadoo,
Oraeaal Partats
Hy: Lkl r A.
- FVeafdoat
nt¢n¢i wi¢¢y
e¢cre Cary
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ORANGE,CA DOCUMENT: 00 1994.148765 Page 7 of 16
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IN WIFNFSS WHEREOF, Grantorhaaoxx tedthls Oruu Deed =of lhogAyor�
f
1994.
"GRANTOR*
p
THE IRVINE COMPANY,
o Aildrigan axtwrdl
�/�°Y{
Ry: �✓
°
Chich C. willerto, Pmldrnt,
Irvin Laud Maaastmtat Company,
a dlvlalou of no lrvlw Cougaay
By:
Secrotar;y TheI eeM Company
Clull
ACCEPTANCE
Ocanteo, by =e don of this lmlrumoat, hmYby acccpta the gran of the Property upao the
modidom and raaervzdoaa stnud la thin Ormtt Deed.
'GRAN EVI
PARK NEWPORT LAND LID..
a California IlmIIod putnwahip
By: G. EAKAR PROPERTM, INC.,
n California corpora lon,
Oman Pa=w lel
By'.
O6taoa B*W, Preside#
By: A. WRS13Y PROPERTIES, CO.,
a CWlrmale mrposadoo,
Oraeaal Partats
Hy: Lkl r A.
- FVeafdoat
nt¢n¢i wi¢¢y
e¢cre Cary
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a.¢ 4ri
ORANGE,CA DOCUMENT: 00 1994.148765 Page 7 of 16
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STATE OF CA((,,UU''�OORDIIA�.s-� �
COUNTY OF 8;%
Oo� >.7�bofxc me, (oi-n,7� T- (-J,tW anoimypuhllcinoadfor
the :ahf stub, peawoallr spPb++'W E-3 - eu,,k - ;.z
fimmt asme(a) arm LIU*A
Ixxexsev
known w ma ( f� m bo tho permaWwhoso nauuo)
Ikkawbaaibod to the withal bunrumoat and =Jmurdlodpd to me that hdglsu y executed the same °.
W 6h/)r6hpoff authorized Lxpac3tyt(atf, sad thm by hlelhnf/(yoM sigivwL}, ap)r the huavax:at the
pctaomN, or tho entity upon behelf of whicb the peraoy(rt haod, oxecutod the Iutnitaent.
WITNESS my hand and official saal.
CYNTHIA j. wONG
�-^ / wc�rmwL,wrlwa R
My Commisabn Exphrn:
STATE OF C°A /%F//.GNi %Q )
COUNTY OF Syai - 4:.r� /' )u.
po —4 /�' before me. _d...Odek ////,�FA,L/A,yA sootaypubltcinaadfot
160 t1Yr p6fSOfLaliy IPpW[rd —� /�N.4.�! /.1.
ftacota aame(t) amt tltlo(a))
aa>only
to ore to be the ptrton(s}VAt 0 ae-cW
ubaccfbod to the wilhLu IMUummt 04 aclomwiWBed tomb that Arla6d oxacutW Iba Zaino
tdtb*W- wdwtbcd cmpwjty0mb): mW that by hlafb*dI&cV algnotwe(ey on the losttumam den
p); ar the cmity upon behalf of whicb the pcnon(b}actul, exowtW the taaMM=t_
wrrNESS my hand sad oRicial seat.
/
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ORANGE,CA DOCUMENT: DD 1994.1,18365
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Page 8 of 16
STAT13 OF CAI.IPORNIA,
COUNTY OF Qxaast ) ss.
On 2 -38 -94 .ba&m m0. W. S. Autdrd alorcypublicinmdfor
the Wd stem, paraomlly aapcuW Chick C. WiUatta and
Ssmaa A. Csvanatligh �q)
(lasat umlew aad ddo(Ql
1mae:eev e
imawlt to ma ) to be the P—.(9) who" namua)
)i7aro wluaibad to the within y alacdstayuUaam)at and sckmanlaigad m mo d at jWAl! /jbV exetotod tho wmo
to � eir authorins0 T, Lad d1a by /(hglj Maa nun(?)_on dm Inrtmmeat the
persan(x or a amlty upon btthaif o whirl, the porson !j sand, exocum l tho lutuwnout.
WfINESS bmd Waal orl7cial seal.
W, a Allan
Slgmmm: onasteoAast
�oRVU�^aa co�ixn �
My Conudwlon Expim:
STATE OF )
COUNTY OF
On before mq
Iho wid aaato. paraooally, appe ad _
Umart u=*a) and ddcp)]
R txaxry pablla In oM for
bmwo to me (or proved to ms on the bash of sadshaory wWwoe) to be the pmaon(s) whmn muna(s)
Islaro gubealbad m the within lmtrununt aad adcoowialgcd m one that ho/aba/thay ex -nnad the sarto
in blsAw Ittleir nurthorhxd ccapnclty(im), mW tbat by hWhwMelr algmturo(a) on Wa lmttruxa= the
persou(s), or the nudity upon bchalf of wbidr the pwzan(z) acted, exaanod tho Fmmtmnat
WT NTISS my harm zed official seal.
Slguaeua:
My Commlulm Explrm:
'mod 11...
ORANGE,CA DOCUMENT: DD 1994.148365
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Pago 9 of 16
LEGAL DESCRIPTION OF Title PROPERTY
Parcel I
Loin 1, 2, 3, 4, 3, 6 and 8 of Tract 6947 as shown on amp recorded Septernba I5,
1971 In Dook 285, pages 8 to 12. Indusivo, of allsrnllmcow Maps, In the office of tho
County Recorder of Orange County, California,
Poroel 1T
Parcel 1 as shown an EXNIRIT A wnuched to that certain Lot Line Adjustment No. 94-
01, recorded February 8, 1994, at Document No. 940092253, Official Record of said
County.
A nonaxeluslva essarat at, appurtenant to and for the bene(It of the above described Parcel A. for
the passage of light and air ova and agesf the Polar Area described an EXHIRrr D: provided,
however, that the owner of the Point Area thall have the right, but not the obligation, to (1)
maintain or replace exibring trees on the Paint Area, (1) Install and maintain shrubs and groundcovmx
an the Point Area, and (3) grade, mgrada. coumvct. Install, maintain and repair improv novas as
may be desired by the owner of the Point Area for purposes of alope stabilization or croaton control.
Such permitted existing tree (hrapectivo of their height), alydng or new shrubs and/or ground
carver, and grading and improvcmenu tray boplanted, placed, performed, conattructal, Installed and
maintained irrespccdvo on my effect on the view, light and air passing over and naess the Polar
Area, except that Greater, shall have the right, w long as any such action does cot sifter thoalnblllty,
or erosion of the land, to (a) trim any vegetw1on (but net oxlrting or similar replacement teen) to
a height (in no went lower (ban thrco feet aboveground level) which mluimixea the effect on the
view, light and air p=ing over and across the Polar Area, or (b) replace any dead or diseased
shrubs. Grantor shall have the right w ttmda w rho =czatet granted heroin at such time as the
Point Area is tramfa nd to any public qusslyubllo oatlty or non -profit earporatiea (incladtag, but
not limited to, the Newport Consrnancy) so long as the deed or conveyance imtrvmeat rcur(cat,
in perpetuity, the use of such property m passive open span or such other pasaivo use which door
not In any material way obstruct the view. IfPpt and air passing over and across the Pole Area.
EXEIIRIT A
to Grant Dow
mesl,C' w,.-,r n. rev
rv. a�r.n
a... o.d
ORANGE.CA DOCUMENT: DD 199 4.143365 Page 10 of 16
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ORANGE,CA DOCUMENT: DD 1994.140365 Page 11 of 16
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DaSCRR ON OF nn[ LANDLCAP6 PROPFRTY
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ORANGE,CA DOCUMENT: DD 1994.149365 Page 12 of 16
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ORANGE,CA DOCUMENT: OD 1994.148365 Pago 13 of 16
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HPJJPfrt2TD PROPERTY
1
Pnmd A (14,br, View SNe ,Inn Crmcr);
Paccali 2, 3 and 4, In the City of Newport Bean6, Counry ofOrantc, Stmt of Cdifomla. m shown
�i
on a map flied In Book 35 Page 1 of Pared Maps, In dre Office of the County Recorder of Bald
Coway.
A noa- mdudvo auemao! for Ingrea and alrota puposm over tho northaoaarty 10.00 few of Parrot
p
1-7
No. 1. In the City of Newport Beach, County of Ortago, Stara of Cdltbralo, m pow nap food In
1dd
Book 35, Psgo 1 of Parcel Witt. raarcla ofaald OmW County. (1lmbor VI" Shopping Center)
PamM H (P� xchion tm
,t
1
p1mal fl-I.
Pamela 1 through 9, loc(adva, In the City of Nawpo t Beach. County, of orna80. States of
Celltbraly u shown on Par W. Map No. 86-399=M Map filed la Back 221. pagan 30 danugla
36, lacladva, of Puree! Maps, In the Office of tha County Recorder of" County.
Pmd 8.2.
p°
�lS
Putda 13 through 17. Incitslve, and Lon Q, R, S. U. R -1, Rd and R -3 af7tact No. 6015, in
rte Clty of Newport Bomb. County of Ocangq Store of Calltbmin, m par Map recorded In Hook
239, pagan 29 duvugb 41, Indmhv, of Mlsocilaneoao Maps, to the Office of the County
Reoordar of saM County.
Pmod B-i:
Pucd 1, in the City of Newport Bench, County of Otango, State of California, m shown on o
Farad Mop flied to Book 67, pagoe 2 tad 3. of Parcel Melia, to the Office of the Comty
Recorder of field County.
a-4a
Farad
Parcel 1. in the any of Newport Beady Camay of Om ^State of CWh1xnln, a abowo on m
Pamrd Map NM In Book 75, page 48, of Perud bfcps, in dte Office of the County Romrdw of
"Id County.
C1rgLD�S:
P=vd 4 of Pmcd Maps, m sbavra on a Map filed In Hook 67, prgm 2 and S. of Paroel Maps
;
and 1dt W ot'llma No. 6015, m pat Mar recorded to Book 239, pagan 25 through 41, WrltaM,
of Mircdlaaeoaa Maps, all In the City of Newport Beech, Coaaty ofOranBy State of Callfomla,
�
In the Odlcc of the County Recorder of mid Ornmty. lyh+8 witbin the land dworibW m Parma
I and 2 of thu eerrala Lot LJm A41uarmeot N u r t a 117 -3. recorded November 13. 1987. m
luar2meat No. /744034412 tho OlBee of the Coup R000rder of sad County.
aa.or a a
ORANGE,CA DOCUMENT: DD 1994.148165 Pago 14 of 16
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PetcsLf' lNewnry ^.,[;lrrrrh):
The Isnd situated In the State of California. Cmmy of Orange. City of Newport Desch, std Is
desrcrltwd as fallaws:
That portion of Block SS of Uvino's SubtiMsiw, at shown on a Map recorded in Book 1 Pap
88 of Mlsoeliaueous Ramds Maps, in the OfBw of the County dteowdcr of =W county,
described as follows:.
Beglaning at mo Intersection of ft most cute dy cornor of Pascal 1, as shown oa a May Bled
la Book 61. Page 3 of Parcel Mapa, In the office of the County Recorder of sald county, and Wa
ruerthwect lints of Jamboree Road (10D.00 feet wWo) as describod La the dood m the County of
Orange, recorded in Book 7964. Page 631, Official Records; thaam leaving aaW line cad alma
the easteriy boundary of Laid Parcel 1. north 17 degrees 30 minutoo 00 seconds west 242-24 foot;
thence south 72 degrees 30 minutes tm soWdda watt 175.00 feet; thaum earth 17 degroea 30
minutm W aaeoads west 60.00 feat; thence math 72 degrow 30 mhnae® 00 seconds weir 180,00
feet; thmea south 17 degso¢s 30 minmm 00 seconds cast 287.00 foci to a point In the
northeasterly Lino of Parcel of Map Nod In Book l7 Page 3 of Parcel Maps, of sald county.
disamt northwv+ely thereon north 56 degrees 12 minutes 43 secorWS scot! 215 feel Dram the
most eanarty corner of said Pared 2; thence along said last mentioned northeast Brut to tho most
northerly oomar of said Pared 2; threw math 83 degrees 40 minutes 25 seoonda cots 311.15
feet to the easterly Bats of Beale Say Drive (80.(10 feat wide) as shown on Pmtd Map as Bled
in Book 17 Pago 3 of Parcel Maps or aid county mid Palm Wing on Carve cotacave westerly
having a radius of 840.00 foot (a rwlW to said curve. boats north H3. 40. 230 ma); thence
westerly alms said red'-' 40lbot to the ocatezllue of 'Back Bay Drive" as described in the deed
to this County of Orange, recorded in Book 4288 Pogo 216 of Ofddcfal RGmrdu; thence oorthaly
skmg sold emtecllne of last nwadoned decd and La described in the decd to void carr=y. rtseorde l
in Book 1037 Paso 2W of oBlcial records. to the southwesterly cornier of laud derbrlbed In the
deed to the City of Nawpoat BafrL (Sting a strip of land 50.00 fees wide) r000rded is Book
1(1531 Page 476 of ORicial Records; said point being the cotalwly Line of sald strip of Lend end
being a pains on a ton- tanpat cv normative northerly, having a radlna of 826.00 (n radial to
Bald crtrvo beam sanh 32' 3T 36' west); thence along said south dy line, through a central
angle of 20' 21' 30', an are distance of 293.49 fort to the roulhwest miner of Tract No. 6947
as per Map swardod in Book 283 Paget S to 12 of Mlxollaneom Maps. of said county =W
point bring the —it nuadm=f Lireabovelastnhmtioeedcorm (a r dlal to said ctnve beam south
12 degroea 16 mlaotos 06 woemdD west); fhwos coatnulag aasterty along sold a thtoagh a
antral angle of 5 degrees 23 m mores 47 seconds, an am distance of 77.80 foa to the beginning
of a compound curve twnmve aardwdy, having a radius of 780.OD fear (a radial to Bald soave
be ire south 6 dogm et S2 wtmuaa 19 -mods weN: thence easterly alms sald casrvm through a
omtml angle of 38 degram 20 minato 53 sceaada, an era distance, of 522.05 feet to the
beglwing eta rovaaao amen cos>mva aouthedy, having a r edh of 700.00 fact (A radial m mM
cww beam moth 31 dewed 28 -1-- 34 toomda oast); thmw county along meld curve
through a central angle of 39 degream 19 minata OS sumds, an are distance of 774.71 feet)
thmoe tangent to said curve south 62 degrew 09 minutes 29 woes da east to the latervactim with
the northwestady Woof said lambatco Road (100.00fed wide), herein before mentioned; denx
touthwmcrly along said northwesterly Line to the polat of beginning.
Ibrccgt thetfleas Was Portion of wild land lying within the lard daprSxd in the dined to the State
of California recorded A_ Phil 22, 1975 In Book 11382 Pap 1893, Ofiidal Reeorda.
EXBBll O
Page 2 of 2
ORANGE,CA DOCUMENT: DO 1994.140365 Page 15 of 16
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AMC �
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
9 FOLLOWS:
NAME OF NOTARY: CYNTHIA J. WONG
DATE COMMISSION EXPIRES: JULY 2.4, 1997
COUNTY WHERE BOND IS FILED: SAN FRANCISCO
COMMISSION NO: 997896
VENDOR NO: AP01
PLACE OF EXECUTION: SANTA ANA, CALIFORNIA
DATED: March 1, 1994 / w
NAMC4VJ. NOONAN
first American TTtle Insurance Company
NOTARY.A MDAVIT
ORANGE,CA DOCUNIENT: DD 1994.148365 Pade 16 of 16
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