Loading...
HomeMy WebLinkAboutC-3496(B1) - Irvine Avenue, 1300 - Exchange of Real Property Agreement and Joint Escrow InstructionsEXCAGE OF REAL PROPERTY AGREMENT AND JOINT ESCROW INSTRUCTIONS This Exchange of Real Property 2 reement and Joint Escrow Instructions ( "Agreement ") are entered as of the � day of��, 2002, by and between Newport-Mesa Unified School District ( "Distri ) and the City of Newport Beach ("City"). RECITALS A. District is the owner of that certain real property identified as approximately 9.87 acres of property where it operates the Mariners Elementary School, ( "Mariners grades K through 6th ( "Mariners School "), in the City of Newport Beach, Orange County, California (the "School Site ") as further described in the "Legal Description of Land" attached hereto as Exhibit "A" and incorporated herein by reference. B. City owns approximately 7.36 acres of property adjacent to the School Site where it operates Mariners Park and a nine thousand (9,000) square foot public library ( "City Site "), as further described in the Legal Description of Land attached hereto as Exhibit "A" and incorporated herein by reference. C. District and City are each actively interested in grant opportunities offered by the Library Bond Act, Education Code Section 19985 through 20011. D. City and District intend to apply for "first priority" funding under the Library Bond Act Regulations, Titles 24 CCR, Chapter 16, Article 5.1 through 5.5 and Title 5 CCR, Division 2, Chapter 3, Sections 204, 302, 20444 ( "Regulations "). E. First priority funding is available for joint use projects with a co- located library that houses a combined public library and public school library in a single facility. City and District intend to apply for first priority funding to build a new 15,000 square foot Mariners Library on the City Site adjacent to Mariners School. F. The Parties have reviewed and considered the provisions of the City Charter, State Government Code and State Education Code related to the exercise of land use jurisdiction over publicly owned property and have determined that City and District are authorized to enter into this Agreement and to exchange property necessary to accomplish the proposed co- located library project. G. City appraised the School Site to acquire the approximately 19,600 square feet of School Site necessary to locate the Mariners Library next to Mariners School to provide direct, separate access for students and faculty of Mariners School. H. City desires to exchange approximately 19,600 square feet of property from City Site ( "City Property ") with District and District desires to exchange approximately 19,600 square feet of property from the School Site ( "School Property") with City on the terms and conditions provided in this Agreement. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH ARE ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PROPERTOXCHANGE District and City agrees to exchange real property to facilitate relocation of the Mariners Library to a location on City Site adjacent to the Mariners School, subject to the terms and conditions in this Agreement. SECTION 2. CONSIDERATION As consideration for the District to quitclaim 19,600 square feet of property within the School Site to City ( "School Property"), City shall quitclaim to District 19,600 square feet of City Site ( "City Property") to District. The real property to be exchanged is legally described on Exhibit `B ", and shown on Exhibit "C" and incorporated herein by reference. SECTION 3. ESCROW By this Agreement, City and District agree to establish an escrow ( "Escrow") subject to the provisions of the standard conditions for acceptance of Escrow, but only to the extent that the standard conditions impose no additional obligations or liabilities on the Parties. The terms and conditions of this Agreement shall control in the case of conflict. Escrow will be opened with a signed counterpart of this document to be delivered as Escrow instructions to Escrow Agent. SECTION 4. CONDITIONS TO CLOSE OF ESCROW Within '14 days of approval of this Agreement by the governing bodies of District and City: A. City and District shall open an Escrow and deposit with Escrow Agent the following documents: (i) A Quitclaim Deed executed and acknowledged by District conveying to City all rights, title and interest in the School Property, and ii) A Certificate of Acceptance of City's Quitclaim Deed, executed and acknowledged by District, to evidence the acceptance by District of conveyance of the City Property to District pursuant to Section 27281 of the California Government Code, as amended. (iii) A Quitclaim Deed executed and acknowledged by City conveying to District. All rights, title and interest in the City Property, and (iv) A Certificate of Acceptance of District's Quitclaim Deed, executed and acknowledged by City, to evidence the acceptance by City of conveyance of the District Property to City pursuant to Section 27281 of the California Government Code, as amended. B. City shall process a lot line adjustment to adjust the property line between the City and District Sites to reflect the exchange of property. The lot line shall be adjusted as described and depicted in Exhibits B and C attached 2 hereto ancecorporated herein by reference0he approved lot line adjustment shall be deposited into Escrow prior to close of Escrow to be recorded in accordance with the provisions of this Agreement. C. City is obtaining a Phase I Hazardous Substance Report for City Property. Once completed, District shall process approval of the District acquisition of City Property from Department of Education ( "DOE ") and Department of Toxic Substances Control ( "DTSC "). Once received, DOE and DTSC approvals shall be deposited into escrow as a contingent to close of escrow only. SECTION 5. ACCESS After execution of this Agreement, City and City's contractors and consultants shall have access to the School Property at reasonable times upon at least five (5) business day's notice to District. Access shall be for purposes such as inspection, surveying and investigation. City shall indemnify and defend District against and hold District harmless from all losses, costs, damages, liabilities, and expenses, including without limitation, reasonable attorney fees, arising in connection with City's inspection and investigation of the School Property. SECTION 6. TITLE A. City has received a preliminary report for a California Land Title Association ( "CLTA ") Owner's Policy for the School Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting District's title to the School Property ( "Preliminary Report"), together with copies of all documents relating to title exceptions referred to in the Preliminary Report. B. District has received a preliminary report for a California Land Title Association ( "CLTA ") Owner's Policy for the City Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting City's title to the City Property ( "Preliminary Report"), together with copies of all documents relating to title exceptions referred to in the Preliminary Report. C. City and District each represent they have had fourteen (14) days to review and approve or disapprove any exceptions shown on the respective Preliminary Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property or that violates any law, rule, or regulation (each an "Exception ") and have approved all exceptions. SECTION 7. CLOSE OF ESCROW D. Closing Date. The Closing of this transaction ( "Close of Escrow ") shall take place thirty (30) days from the date City receives notification of award of grant of 3 E. the requested Ang from the California Public Sary Construction and Renovation Board. On the Closing Date, Escrow Agent shall Close Escrow as follows: (i) Verify receipt of approval from DOE and DTSC. (ii) Record the Quitclaim Deed for District Property and Certification of Acceptance (marked for return to City) with the Orange County Recorder (which shall be deemed delivery to City); (iii) Record the Quitclaim Deed for City Property; and Certification of Acceptance (marked for return to District) with the Orange County Recorder (which shall be deemed delivery to District) (iv) Record the Lot Line adjustment (v) Charge City for the respective costs and expenses to be paid by City and District pursuant to this Agreement and disburse any funds remaining after the preceding disbursements to the depositing Party; and (vi) Prepare and deliver to City and District one signed copy of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow. F. If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent shall notify City and District and retain all funds and documents pending receipt of further instructions jointly issued by City and District. G. Prorations. City and District shall deposit to Escrow the following costs 14 days before the Close of Escrow: (i) District shall pay all governmental conveyancing fees and taxes (if there are any) due upon transfer of the School Property; and (ii) City shall pay: (a) all governmental conveyancing fees and taxes (if there are any) due upon transfer of the City Property; and (b) the recording charges in connection with recordation of the Quitclaim Deeds and Certificates of Acceptance; (c) the escrow fee charged by Escrow Agent; (iii) Real Estate Taxes, Bonds and Assessments. No taxes will be owed as part of this transaction as the exchange will be documented by a lot line 4 adjustment9at results in same land area for Wool site and City site, recorded in office the Orange County recorder and County assessor. SECTION 8. Each party shall deliver possession of the property to be exchanged to the other upon Close of Escrow, SECTION 9. DISTRICT REPRESENTATIONS AND WARRANTIES A. District makes the following representations, covenants and warranties and acknowledges that City will rely on such representations, covenants, and warranties in acquiring the School Property, each of which shall survive the Closing: (i) District holds title to an indefeasible estate in fee simple in the School Property. District is the sole owner of the School Property and has good, absolute and marketable title to the School Property. The School Property is not subject to any unrecorded instruments or agreements affecting title to or the use or possession of the School Property and no other person claims or has claimed title to or the use of possession of the School Property, any part thereof or interest therein, or any right thereto not reflected in the public record. District will forever defend the title to the School Property against the claims of any third parties. (ii) This Agreement and all other instruments and documents delivered by District to City now or at the Close of Escrow have been or will be duly authorized, executed and delivered by District and are or will be the legal, valid and binding obligations of District, sufficient to convey to City good, absolute and marketable title to the School Property and are enforceable in accordance with their respective terms. (iii) Hazardous Substances. (a) To District's knowledge, the School Property is free from Hazardous Substances and is not and has never been in violation of any Environmental Laws. (b) To District's knowledge, no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the School Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means. (c) To District's knowledge, the School Property has never been used as a dump or landfill. (d) District has disclosed to City all information, records, and studies maintained by District in connection with the School Property concerning Hazardous Substances. (iv) Leases. NoMases, licenses, or other agreemeVallowing any third party rights to use the School Property are, or will be, in force. (v) Litigation. There is no pending or threatened litigation, administrative proceedings, or other governmental action with respect to the School Property. (vi) Condition of School Property. To District's knowledge, there are no natural or artificial conditions upon the School Property or any part of the School Property that could result in a material and adverse change in the condition of the School Property. (vii) Disclosure. Any information that District has delivered to City, either directly or through District's agents, is accurate to the best of District's knowledge and District has disclosed all material facts in District's actual knowledge with respect to the School Property. B. District shall notify City of any facts that would cause any of the representations contained in this Agreement to be untrue on or before the Close of Escrow. The City's consummation of this Agreement is in reliance upon the representations of District made prior to the Close of Escrow. If City reasonably concludes that a fact materially and adversely affects the School Property, City shall have the option to terminate this Agreement by delivering written notice to District and Escrow Agent. C. District agrees to indemnify City and agrees to defend and hold City harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorney fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reason of, or in any manner resulting from the breach of any warranties and representations made by District as expressly limited in this Section 9 to the extent of District's actual knowledge and without any independent investigation by District. SECTION 10. DISTRICT COVENANTS Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow: A. District shall not permit any liens, encumbrances, lease, tenancy, rights of possession or easements to be placed on the School Property, other than the Approved Exceptions, nor shall District enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the School Property that would be binding on City or the School Property after the Close of Escrow without the prior written consent of City. B. District shall not permit any act of waste or act that would tend to diminish the value of the School Property for any reason, except that caused by ordinary wear and tear. (l SECTION 11. CITY REORSENTATIONS AND WARRANTIN A. City makes the following representations, covenants and warranties and acknowledges that District will rely on such representations, covenants, and warranties in acquiring the City Property, each of which shall survive the Closing: (i) City holds title to an indefeasible estate in fee simple in the City Property. City is the sole owner of the City Property and has good, absolute and marketable title to the City Property. The City Property is not subject to any unrecorded instruments or agreements affecting title to or the use or possession of the City Property and no other person claims or has claimed title to or the use of possession of the City Property, any part thereof or interest therein, or any right thereto not reflected in the public record. City will forever defend the title to the City Property against the claims of any thins parties. (ii) This Agreement and all other instruments and documents delivered by City to District now or at the Close of Escrow have been or will be duly authorized, executed and delivered by City and are or will be the legal, valid and binding obligations of City, sufficient to convey to District good, absolute and marketable title to the City Property and are enforceable in accordance with their respective terms. (iii) Hazardous Substances. (a) To City's knowledge, the City Property is free from Hazardous Substances and is not and has never been in violation of any Environmental Laws. (b) To City's knowledge, no toxic or hazardous chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the City Property, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means. (c) To City's knowledge, the City Property has never been used as a dump or landfill. (d) City shall forward or obtain to District all information, records, and studies maintained by City in connection with the City's Property concerning Hazardous Substances. (iv) Leases. No leases, licenses, or other agreements allowing any third party rights to use the City Property are, or will be, in force. _ (v) Litigation. There is no pending or threatened litigation, administrative proceedings, or other governmental action with respect to the City Property. (vi) Condition of City Property. To City's knowledge, there are no natural or artificial conditions upon the City Property or any part of the City Property 7 that could Wt in a material and adverse char in the condition of the City Property. (vii) Disclosure. Any information that City has delivered to District, either directly or through City's agents, is accurate to the best of City's knowledge and City has disclosed all material facts in City's actual knowledge with respect to the City Property. B. City shall notify District of any facts that would cause any of the representations contained in this Agreement to be untrue on or before the Close of Escrow. The District's consummation of this Agreement is in reliance upon the representations of City made prior to the Close of Escrow. If District reasonably concludes that a fact materially and adversely affects the City Property, District shall have the option to terminate this Agreement by delivering written notice to City and Escrow Agent. C. City agrees to indemnify District and agrees to defend and hold District harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorney fees and expenses, to the fullest extent not prohibited by applicable law, and all other costs and expenses incurred by reason of, or in any manner resulting from the breach of any warranties and representations made by City as expressly limited in this Section 11 to the extent of City's actual knowledge and without any independent investigation by City. SECTION 12. CITY COVENANTS Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow: A. City shall not permit any liens, encumbrances, lease, tenancy, rights of possession or easements to be placed on the City Property, other than the Approved Exceptions, nor shall City enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the City Property that would be binding on School or the City Property after the Close of Escrow without the prior written consent of District. B. City shall not permit any act of waste or act that would tend to diminish the value of the City Property for any reason, except that caused by ordinary wear and tear. SECTION 13. AUTHORITY OF PARTIES Each Party warrants and represents for itself: A. Each Party has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate this transaction. P B. All requisite actionlis been taken by each Party in cofection with the entering into this Agreement, the instruments referenced herein, and the consummation of this transaction. No further consent of any trustee, official, shareholder creditor, investor, judicial or administrative body, governmental authority or other Party is required. C. The individuals executing this Agreement and the instruments referenced herein on behalf of each Party and the partners, officers or trustees of each Party, if any, have the legal power, right, and actual authority to bind each Party to the terms and conditions of those documents. D. This Agreement and all other documents required to close this transaction are and will be valid, legally binding obligations of and enforceable against each Party in accordance with their terms, subject only to the applicable bankruptcy, insolvency, reorganization, moratorium laws or similar laws or equitable principles affecting or limiting the rights of contracting Parties generally. SECTION 14. BROKERS, AGENTS AND CONSULTANTS Neither Party has retained the services of any broker, agent or consultant in this transaction. If any broker, agent, or consultant is retained in connection with this transaction, each party shall be responsible for all fees, costs and expenses paid to such broker, agent or consultant. Each Party agrees to defend, indemnify, and hold harmless the other from any claims, expenses, costs, or liabilities arising in connection with breach of any agreement between the party and any broker, agent or consultant. . SECTION 16. NOTICES All notices to be given under this Agreement shall be in writing and sent by: A. Certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States' mail; or B. Personal delivery; or C. Facsimile or similar means if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by facsimile or other similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows: DISTRICT Superintendent 2985 Bear Street #A Costa Mesa, CA, 92626 (714) 424 -5030 FAX 424 -5018 rbarbot@nmusd.kl2.ca.us V CITY 0 City Manager's Office 3300 Newport Boulevard Newport Beach, CA, 92658 (949) 644 -3000 FAX 644 -3020 hbludau@city.newport- beach.ca.us is or to such other address as City or District may respectively designate by written notice to the other. SECTION 17. ENTIRE AGREEMENT This Agreement contains the entire Agreement between the Parties to this Agreement and supersedes any prior written or oral agreements between them concerning the purchase of the property. There are no representations, agreements, arrangements or understandings, oral or written, between the Parties relating to the subject matter contained in this Agreement which are not fully expressed in this Agreement. This Agreement shall not be modified in any manner except by an instrument in writing executed by the Parties or their respective successors in interest. SECTION 18. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. SECTION 19. WAIVERS A waiver or breach of covenant or provision waiver of any other covenant or provision i n valid unless in writing and executed by the performance of any obligation or act shall no performance of any other obligation or act. SECTION 20. in this Agreement shall not be deemed a this Agreement, and no waiver shall be waiving Party. An extension of time for t be deemed an extension of the time for The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the Parties to this Agreement. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated in it by this reference. SECTION 21. MERGER 10 0 0 All of the terms, provisions, representations, warranties, and covenants of the Parties under this Agreement shall survive the Close of Escrow and shall not be merged in the Grant Deed or other documents. SECTION 22. COUNTERPARTS This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. SECTION 23. TIME OF THE ESSENCE Time is of the essence in this Agreement. SECTION 24. SUCCESSORS This Agreement shall inure to the benefit of and shall be binding upon the Parties to this Agreement and their respective heirs, successors, and assigns. SECTION 25. GOVERNING LAW This Agreement shall be governed and construed in accordance with California law. SECTION 26. OFFER AND ACCEPTANCE This Agreement as executed by the Parties constitutes an offer to purchase and an acceptance to sell the School Property on the terms and conditions contained in this Agreement, by each respective Party. The Parties have executed this Agreement as of the date first written above. DISTRICT: By: Juderan%6, President of We Board of Trustees APPROVED AS TO FORM: By: 2A''r`"/l Mike Toy, Legal Counsel for Newport-Mesa Unified School District CITY: 11 By: l ` 40 Tod Ridgeway, yor for the City of N wport B h ATTEST: 0 0 LaVonne Harkless, City Clerk for the City of Newport Beach FORM: Robin L. Clauson, Assistant City Attorney for the City of Newport Beach "Escrow Agent" F:Wsers\ cat\ sharedlda\AgWointMarinersLiblEsc rowAgt\053102.doc 12 r1 u Preliminary Report DESCRIPTION EXHIBIT "A" SCHOOL SITE 0 OR- 2220727 TITLE OFFICER - JEFFREY C. PASCHAL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND CONTAINING 11.717 ACRES, AND BEING A PORTION OF BLOCK 53 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS. BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY PROLONGATION OF THE CENTER LINE OF 18TIl STREET AS SHOWN UPON A MAP OF NEWPORT HEIGHTS RECORDED IN MISCELLANEOUS MAPS, BOOK 4, PAGE 83, AND A LINE LYING SOUTHEASTERLY OF, PARALLEL TO, AND DISTANT 30 FEET FROM THE NORTHWESTERLY LINE OF SAID BLOCK 53; THENCE SOUTH 50 011'05" EAST A DISTANCE OF 305. FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 300 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 398.68 FEET; THENCE NORTH 53 040'25" EAST TANGENT TO LAST MENTIONED CURVE, A DISTANCE OF 336.92 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 710 FEET; THENCE NORTHEASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 260.07 FEET; THENCE NORTH 15 °20'20" WEST, RADIAL TO LAST MENTIONED CURVE, A DISTANCE OF 30 FEET; THENCE NORTH 50 °11'05" WEST A DISTANCE OF 758.99 FEET TO A POINT OF INTERSECTION WITH THE AFOREMENTIONED LINE LYING SOUTHEASTERLY OF, PARALLEL TO; AND DISTANT 30 FEET FROM THE NORTHWESTERLY LINE OF SAID BLOCK 53; THENCE SOUTH 39 048'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 808 FEET TO THE POINT OF BEGINNING, EXCEPT THE NORTHWESTERLY 50 FEET; THE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY 30 FEET OF SAID LAND AS RESERVED FOR ROAD AND UTILITIES BY THE IRVINE COMPANY, A CORPORATION IN THE DEED RECORDED JULY 11, 1957 IN BOOK 3970 PAGE 3 OF OFFICIAL RECORDS. PAGE • • EXHIBIT "B" MARINERS ELEMENTARY SCHOOL (Portion To Be Quitclaimed) A portion of that certain parcel of land in the City of Newport Beach, County of Orange, State of California, described in Deed to the Newport Beach Elementary School District, filed in Book 3970, Page 3 of Official Records in the office of the County Recorder of said County and shown as Assessor's Parcel No. 425- 071 -01 filed in Book 425, Page 7 of Assessor's Maps in the office of the County Assessor of said County, said portion more particularly described as follows: Commencing at the northwesterly terminus of that certain course described in said deed to the Newport Beach Elementary School District having a bearing and distance of N 50 911'05" W 758.99 feet, said certain course being the northeasterly line of said certain parcel deeded to the Newport Beach Elementary School District; thence along said northeasterly line S 50 °11'05" E 50.00 feet to its intersection with the southeasterly line of Irvine Avenue as described in Deed to the City of Newport Beach filed in Book 3978, Page 542 of said Official Records, said intersection being the True Point of Beginning; thence continuing along said northeasterly line S 50411'05" E 210.99 feet; thence S 39248'56'W 92.00 feet; thence N 50" V05" W 120.99 feet; thence S 39948'56'W 10.00 feet; thence N 50411'05" W 90.00 feet to said southeasterly line of I rvine Avenue; thence along said southeasterly line N 39 948'55" E 102.00 feet to the True Point of Beginning. EXHIBIT Nicol P a O,gO�q` OLFR icy ♦ � <y MARINERS pgRE ,��`� re ]].aa Deeded to City o(Newporl Beach Per O.R. 3978/537 A.P. 425- 071 -02 4 C3 , e \ ELEMENTARY MARINERS SCHOOL _ dT Deeded to Newport Beach ` OR Elementary School District I r A.P. 425. 071 -01 ♦ N ]]'2VN. W ♦ j EXISTING LOT LINE --- - - - - -- NEW ADJUSTED LOT LINE Pieliminary Repon DESCRIPTION . EXHIBIT "A° . CITY SITE OR- 2220779 TITLE OFFICER - JEFFREY C. PASCHAL THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 164 IN BLOCK 53 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS. BEGINNING AT A POINT ON A LINE PARALLEL WITH AND SOUTHEASTERLY 30.00 FEET FROM THE NORTHWESTERLY LINE OF SAID LOT 164, NORTH 39 048'55" EAST 808.00 FEET FROM THE INTERSECTION OF SAID PARALLEL LINE WITH THE SOUTHEASTERLY PROLONGATION OF THE CENTER LINE OF 18TH STREET AS SAID CENTER LINE IS SHOWN ON A MAP OF NEWPORT HEIGHTS, RECORDED IN BOOK 4, PAGE 83 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 50 °11'05" EAST 758.99 FEET; THENCE SOUTH 15020'20" EAST 30.00 FEET RADIALLY TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 710.00 FEET; THENCE EASTERLY 152.14 FEET ALONG CURVE TO A LINE TANGENT; THENCE NORTH 86 °56'18" EAST 106.72 FEET ALONG SAID TANGENT LINE (BEING ALSO THE WESTERLY PROLONGATION OF THE CENTER LINE OF MARINERS DRIVE, AS SHOWN ON A MAP OF TRACT NO. 3004, RECORDED IN BOOK 92, PAGES 1 AND 2 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY) TO THE SOUTHWESTERLY LINE OF THE LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL 7, 1954 IN BOOK 2705, PAGE 540 OF OFFICIAL RECORDS; THENCE NORTH 16055'29" WEST 10.46 FEET ALONG SAID SOUTHWESTERLY LINE TO AN ANGLE POINT THEREIN; THENCE NORTH 3 003'42" WEST 58.00 FEET TO THE BEGINNING OF A TANGENT CURVE ON SAID SOUTHWESTERLY LINE HAVING A RADIUS OF 713.99 FEET; THENCE NORTHWESTERLY 868.00 FEET ALONG SAID CURVE TO THE NORTHERLY TERMINUS THEREOF; THENCE NORTH 50011'30" WEST 277.00 FEET TO SAID PARALLEL LINE; THENCE SOUTH 39048'55" WEST 495.70 FEET TO THE POINT OF BEGINNING. EXCEPTING THE INTEREST IN THE NORTHWESTERLY 50 FEET; THE EASTERLY AND NORTHEASTERLY 64 FEET AND THE SOUTHERLY 30 FEET OF SAID LAND, WHICH WAS RESERVED FOR ROAD AND UTILITIES PURPOSES, BY THE IRVINE COMPANY, A CORPORATION, IN DEED RECORDED JULY 19, 1957 IN BOOK 3978, PAGE 537 OF OFFICIAL RECORDS. PAGE 0 0 EXHIBIT "B" MARINERS PARK (Portion To Be Quitclaimed) A portion of that certain parcel of land in the City of Newport Beach, County of Orange, State of California, described in Deed to the City of Newport Beach, filed in Book 3978, Page 537 of Official Records in the office of the County Recorder of said County, and shown as Assessor's Parcel No. 425 - 071 -02 filed in Book 425, Page 7 of Assessor's Maps in the office of the County Assessor of said County, said certain portion more particularly described as follows: Beginning at the northwesterly terminus of that certain course described in Deed to the City of Newport Beach having a bearing and distance of N 15220'29'W 30.00 feet, said northwesterly terminus being the intersection of the southwesterly line of said certain parcel of land deeded to the City of Newport Beach and the northerly line of Mariners Drive, 60.00 feet wide, as shown on map of Tract No. 1896 filed in Book 114, Page 43 through 45 inclusive of Miscellaneous Maps in the office of the County recorder of said County; thence along said southwesterly line N 50211'05" W 498.00 feet; thence N 39248'55" E 38.00 feet; thence S 50211'05" E 526.60 feet to a point in said northerly line of Mariners Drive, said northerly line being a curve concave southerly and having a radius of 740.00 feet, a radial to said point being N 11249'06" W; thence westerly along said northerly line and curve, through a central angle of 0324114', an arc length of 47.62 feet to the Point of Beginning. \O� >9 s' N S,♦ �09\ \O� 9y EXHIBIT "C" FR MARINERS PARK N 3R . e Deeded to City of Newport Beach Per O.R. $9781537 A.P. 425- 071.02 r ak `moo° °i °� ♦R r �` ♦ R i ♦ei r � ELEMENTARY MARINERS SCHOOL r Deeded to Newport Beach Elementary School District r A.P. 425 - 071 -01 /r r ♦ EXISTING LOT LINE NEW ADJUSTED LOT LINE N 15-20W W ]0.00' 9.