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HomeMy WebLinkAboutC-8020-7 - Purchase and Sale Agreement (for Easement Related to Superior Bridge)STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT RW 16-5 (NEW 1/2018) THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of May 24, 2021 ("Date") by and between the State of California Department of Transportation ("Caltrans") and CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City" or "Purchaser"), collectively referred to as "the parties". Recitals A. Caltrans owns an existing scenic view and open space easement known as 040766-3 more particularly described in Exhibit D attached hereto. B. City owns the underlying fee of the property which is subject to 040766-3 and desires to purchase a portion of the existing scenic view and open space easement, as described and depicted in Exhibit A and Exhibit B attached hereto, known as DK 040766-4 (the "Easement") from Caltrans. C. The parties wish to provide terms and conditions for City to purchase the Easement from Caltrans. NOW THEREFORE, the parties agree as follows: Section 1. Purchase and Sale In exchange for the Purchase Price, Caltrans agrees to convey the Easement by way of Director's Quitclaim Deed subject to the terms and conditions stated in this Agreement. Section 2. Purchase Price The Purchase Price for the Easement shall be $3,650.00 ("Purchase Price"). The Purchase Price shall be paid by City as set forth below: Payment in Full: Receipt is hereby acknowledged of the Purchase Price of Three Thousand Six Hundred and Fifty Dollars ($3,650.00) in the form of a ( ❑ Cashier's check ❑ Certified Check ❑ Money Order M Electronic Funds Transfer) made payable to the "California Department of Transportation". In the event funds are transmitted via Electronic Funds Transfer, City shall follow the attached Electronic Funds Transfer Instructions, attached hereto as Exhibit C. Section 3. Closing and California Transportation Commission Approval City understands and agrees that this sale is subject to the approval by the California Transportation Commission ("CTC"), whose next available meeting is tentatively scheduled for August 18th and 19th 2021. In the event the CTC fails to approve the sale, all monies paid by the City will be refunded without interest. Caltrans makes no representations or warranty concerning the CTC's approval of this sale. Section 4. Close of Escrow Caltrans will maintain an internal escrow. City may open an external escrow at City's expense, but selection of the escrow company is subject to Caltrans' approval, which Caltrans may withhold for any reason within its discretion. Section 5. Financing Financing, if any, is the responsibility of the City, together with all costs, including appraisal and loan fees, credit reports, points, title insurance, premiums, surveys, documentary transfer tax, escrow and recording fees and any other charges. Section 6. Closing Costs and Prorations City shall pay all necessary City and County fees including but not limited to broker's commission, surveys, escrow, points, recording fees, documentary transfer tax fees, and the premium, if any, for the title insurance policy referred to herein, and any other real estate transaction taxes or fees by whatever name known, including any personal property sales tax, where applicable. Caltrans does not pay broker commissions. Prorations of real property taxes and assessments, rents, interest, and other expenses of the Easement shall be prorated as of the date of recordation of the Director's Quitclaim Deed. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT RW 16-5 (NEW 1/2018) Section 7. Title The Easement is believed to be free of any liens, court judgments, loans, Deeds of Trust, and delinquent or unpaid property taxes. The quitclaim of the Easement is subject to all matters of public record and any easements, or reservations not of record or that which is reserved by Caltrans. Caltrans does not assume any liability for any possible encumbrances on the Easement. City understands and agrees that the right, title, and interest in the Easement to be conveyed shall not exceed that vested in the State of California, Department of Transportation, and that Caltrans will furnish no policy of title insurance. If a policy of title insurance is desired, City may obtain one at Purchaser's sole expense. The quitclaim of the Easement is being conveyed to the City subject to all title exceptions, any special assessments, restrictions, reservations or easements, whether or not items are of record, including the reservation of easement more particularly described in Exhibit D attached hereto. Purchaser may examine any information Caltrans has relative to these matters. City has been given the opportunity to request and inspect all documents, if any, within Caltrans possession regarding the condition of the property. Section 8. Condition of Easement City acknowledges and agrees that Caltrans has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express, implied, oral or written, past, present or future, of, as to, concerning or with respect to the condition of the Easement. Caltrans' remaining portion of the Scenic View & Open Space Easement (040766-3) and its encumbrance shall continue and remain in effect. Caltrans makes no representation regarding the potential for development, subdivision, zoning, or re -zoning of the Easement. City shall be responsible for compliance with any and all local codes and ordinances for permitted land uses of any kind. Section 9. No Assignment City shall not assign all or any part of the Purchaser's interest in this Agreement without first having obtained the written consent of Caltrans. Any total or partial assignment shall not relieve City of City's obligation to this Agreement. Section 10. Indemnification City shall defend, indemnify, and hold Caltrans and Caltrans' elected and appointed officers, agents, and employees free and harmless from and against any and all liabilities, damages, claims, costs, and expenses (including and without limitation to attorney's fees, legal expenses and costs, and consultant's fees, and investigation and remediation costs) arising in whole or in part from the existence of Hazardous Substances or Hazardous Substance Conditions. The indemnity is intended to address that liability for which Caltrans may be responsible solely out of its mere ownership of said Property. This provision shall survive quitclaim of the Easement and any rescission of said transfer. It is further understood, the City shall defend, indemnify and hold Caltrans harmless from and against any and all claims, suits or damages to the extent arising from City's planned Pedestrian and Bicycle Bridge Project. When used in this Agreement, "Hazardous Substance" shall mean any substance whose nature and/or quantity of existence, use, manufacture, disposal of effect, render it subject to federal, state, or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including the Comprehensive Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Act as now in effect. When used in this Agreement, "Hazardous Substance Condition" shall mean the existence on or under Property of a hazardous substance that requires remediation and/or removal and/or to be otherwise mitigated pursuant to applicable law. Section 11. Commissions Each party represents and warrants to the other party that no broker or finder or other real estate agent is entitled to any commission, finder's fee or other compensation resulting from any action on its part. Purchaser and Caltrans each agree to indemnify the other and defend and hold harmless the other party from and against any loss, cost, or expense, including attorney's fees, incurred by such parry, and against any claims, causes of action or the like brought by any broker, finder or similar agent for a commission or fee on account of this Agreement. This section does not prohibit a Purchaser from obtaining a broker at their own expense. Section 12. Effective Headings The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, orwrite to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT RW 16-5 (NEW 1/2018) Section 13. Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. Section 14. Counterparts and Non -Wet Signatures This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same Agreement. In order to expedite the transaction contemplated herein, to the extent allowable under applicable Law, telecopied signatures or signatures transmitted by electronic mail in so-called "pdf' format may be used in place of original signatures on this Agreement. Purchaser and Caltrans intend to be bound by the signatures on the telecopied or e-mailed document, are aware that the other party will rely on the telecopied or e-mailed signatures which shall be of the same force and effect as hand-written signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on such telecopied or e-mailed signatures. Section 16. Binding on Successors and Assigns This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective legal representatives, successors, and assigns. Section 16. Attorney's Fees If any legal action, arbitration or other proceeding is brought involving a dispute between the parties or arising out of the execution of this Agreement or sale of the Property, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. Section 17. Agreement to Perform Necessary Acts Each party agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions in this Agreement. Section 18. No Third -Party Beneficiaries This Agreement is for the sole benefit of the parties hereto. There are no third -party beneficiaries, intended or otherwise. Section 19. Notices All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the person to whom notice is to be given or, on the second (2nd) day after mailing if mailed to the party to whom notice is to be given, by First Class Mail, registered or certified, return receipt requested, postage prepaid and properly addressed as follows: To Caltrans at: Office of Right of Way. Attn: Alma Villanueva Branch Chief, 1750E 41h St Suite 100 Santa Ana CA 92705 To City at: City of Newport Beach, Attn: Real Property Administrator 100 Civic Center Drive Newport Beach CA 92660 Any party may change its address for purposes of this paragraph by giving the other party written notice of the new address to the other party contained herein. Section 20. Governing Law This Agreement has been negotiated and entered into in the State of California and shall be governed by, construed and enforced in accordance with the laws of the State of California and according to its fair meaning, and not in favor of or against any party. Section 21. Severability If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all the other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT RW 16-5 (NEW 1/2018) Section 22. Survival of Representations and Warranties All covenants, representations, warranties, and other agreements under this Agreement shall survive the Close of Escrow. Section 23. Time is of the Essence Time is of the essence and performance of this Agreement in respect to all provisions of this Agreement that specify a time for performance, and failure to comply with this provision shall be a material breach of this Agreement. Section 24. Saturdays, Sundays, and Holidays If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday, then the date by which an election or notice must be given is extended to 5:00 p.m. on the next business day following such Saturday, Sunday or holiday. Section 25. Waiver No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. Section 26. Vesting Title shall be vested as follows: CITY OF NEWPORT BEACH, a California municipal corporation and charter city ❑ as Husband and Wife ❑ A Single Man/Woman A Married Man/Woman as his/her sole and separate property ❑ as Joint Tenants ❑ as Tenants in Common Other (specify): Local Agency Section 27. Additional Terms & Conditions Additional Terms & Conditions ❑ are / ® are not attached. ❑ Exhibit A — Legal Description for DK 040766-4 ❑ Exhibit B — Exhibit Map for DK 040766-4 ❑ Exhibit C — Instructions of Electronic Funds Transfer ❑ Exhibit D — Legal description for 040766-3 (see reservation of easement on attached DD 040766-01-01) 12 ❑ Other: ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION PURCHASE AND SALE AGREEMENT RW 16-5 (NEW 1/2018) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. Recommended for Approval by: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Li: {d `1 / Signature: Ernesto Marti z, Assoc to Rigof Way Agent Dated: S L ze, ), APPROVED: By: it <-�.,r�- �i�i.--w�"�� Signature: Alma Villanueva, Senior Right of Way Agent Dated: CITY: APPROVED AS TO ORM: BY Signature: Dated: ATI By: Aaron C. gip, City Attorney Signature: Dated: U "Z'X'� . t By A__LSignature: Gra e L g, City Manager Dated: ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. EXHIBIT A & B RECORDING REQUESTED BY DEPARTMENT OF TRANSPORTATION WHEN RECORDED MAIL TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1750 E. 4TH STREET, SUITE 100 SANTA ANA, CALIFORNIA 92705 ATTN: ALMA VILLANUEVA RM/ EXCESS LANDS This office is exempt from filing fees under Government Code 6103 & 27383. No tax due for Revenue & Taxation Code 11922. Written by: MH Checked by: BB EA: OROOD R/W Map No.: E120015-15 APN: 424-041-10 DIRECTOR'S DEED QUITCLAIM Space above this line for Recorder's Use District County Route Postmile Number 12 ORA 001 20.4 DK 040766-4 The State of California, acting by and through its Director of Transportation, hereinafter called STATE, hereby releases and quitclaims to City of Newport Beach, a California corporation and charter city, hereinafter called GRANTEE, all right, title and interest in and to all that real property in the Newport Beach, County of Orange, State of California, described as follows: See Exhibit A, attached. Subject to special assessments if any, restrictions, reservations, and easements of record. Subject also to the following, in accordance with U.S. DOT Order 1050.2A, DOT Standard Title VI Assurances and Non -Discrimination Provisions: A. The GRANTEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this deed for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the GRANTEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. MAIL TAX STATEMENTS TO: 040766-4 Quitclaim Deed (Deed Jacket).docx 02/2020 Number DK 040766-4 B. In the event of breach of any of the above Non-discrimination covenants, the STATE will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the STATE and its assigns. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. Dated APPROVED AS TO FORM AND PROCEDURE ATTORNEY DEPARTMENT OF TRANSPORTATION Certificate of Execution Required for all Director's Deeds STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By ADETOKUNBO OMISHAKIN Director of Transportation Z Attorney in Fact Alma Villanueva, Branch Chief Excess Lands — District 12 This Space Reserved for California Transportation Commission Certification 040766-4 Quitclaim Deed (Deed Jacket).docx 02/2020 Exhibit "A" Parcel DK040766-4 A portion of that property described in Director's Deed from the State of California to the City of Newport Beach, recorded December 5, 2006 as Document No. 2006000813583, of Official Records, in the City of Newport Beach, County of Orange, State of California, being also a portion of Lot 1 of Tract No. 2250, as per map filed in Book 104, Pages 6 and 7 of Miscellaneous Maps of said County, described as follows: COMMENCING at the intersection with the Northeasterly Right of Way of Pacific Coast Highway and the Northwesterly Right of Way of Superior Avenue, as established and shown on Caltrans Right of Way Map SB -FMS -0038, printed 11/09/2010 and filed at the Caltrans District 12 Office, said intersection being the northerly terminus of that course shown as "N60°25'05"W 58.212 m" (190.98 feet) on said Caltrans Right of Way Map and Record of Survey 94-1003, filed November 14, 1994 in Book 147, Pages 6-13 of Record of Surveys; Thence along said Northwesterly Right of Way of Superior Avenue, North 84°30'06" East, 33.12 feet; Thence North 47°03'56 East, 25.27 feet to the beginning of a non -tangent curve, concave southeasterly and having a radius of 472.00 feet; the radial to which bears North 40°16'30" West; Thence Northeasterly along said curve an arc distance of 84.54 feet through a central angle of 1095'43" to the TRUE POINT OF BEGINNING, the radial to which bears North 30°00'47" West; Thence leaving said Northwesterly Right of Way, North 39'1 8'19" West, 63.50 feet; Thence North 46'00'10" West, 33.05 feet; Thence North 86°30'46" East, 40.75 feet; Thence South 06°52'22" East, 17.14 feet; Thence South 39'18'19" East, 61.73 feet to a point on said curve on the Northerly Right of Way of Superior Avenue, concave southeasterly and having a radius of 472.00 feet; a radial to said point bears North 27°32'36" West; Thence Southwesterly along said curve an arc distance of 20.34 feet through a central angle of 2'28'10" to the TRUE POINT OF BEGINNING. The bearings and distances used in the above description are based on the California Coordinate System of 1983 (1991.35 Epoch), Zone 6. Distances herein are Grid distances. To obtain Ground level distances, multiply by 1.0000288. Page 1 of 2 SUBJECT TO conditions, covenants, rights, restrictions, easements, licenses, permits, leases and rights-of-way of record, if any. This description was prepared by me or under my direction in accordance with the Professional Land Surveyor's Act. 4/6/2021 Maria A. Hall, PLS 9300 Date Page 2 of 2 /\ANAL LANpSO MARIA A. p a HALL 7D * No. 9300 N�AOF \�OIle C A\ \ OR - J m odo �= rn Q o ~ U I— m �F2 do ao LU W— �z O� Q U) X CP \ \ s�`��SS��021d * �' W \ \> o > w � s O� J Ln N V-_ o'\� '�j o V) 00 D o m/P GN%/ M o oIDto co z o` ~/ a s` �0 `' O ` ?a(v „'moo !\p 0)T CQOQ�`p o moo' O 0 Q g 9.9 mac'• ��L 4p �P Q o` eco' %O� Q Q: OO l� pp 6 h Woo ti ,`�'P�p�cb Q � co0 � °� w �v0 x= # o N ��, W C) z 0.4 w —V o a ` H 1� O , w [� 1.4 ®a� w & U / z0 o Q 0 5 tiZ F w h w 0 0 Z V U ^. U J cn Lu a epP cr a � a` EXHIBIT C Exhibit C INITIATING AN ELECTRONIC FUND TRANSFER: Electronic fund transfers (EFT) may be made to the Department of Transportation (Caltrans) through Bank of America. Bank of America contact is: Bank of America Merrill Lynch Bank of America, N.A. 555 Capitol Mall, Suite 1555 Sacramento, CA 95814 Phone: (916) 326-3136 Fax: (916) 326-3182 Mailing Address: Bank of America CA3-117-15-01 P.O. Box 3010 Sacramento, CA 95812-3010 Notify the bank if you wish to make a transfer of funds from your account to Caltrans. The following information must be included with the transfer. Bank of America Sacramento Main Office #1489 *ABA 0260-0959-3 (Wire Transfers Only) *ABA 1210-0035-8 (ACH Transactions Only) For credit to DEPARTMENT OF TRANSPORTATION Account # 14893-80541 ** Reference (Invoice or Parcel Number) Any questions about this process may be directed to: Caltrans Accounts Receivable Tharshiga Renganathan at (916) 227-9051 Fax: (916) 227-8789 *ABA stands for the American Bank Association. The ABA number is a unique identifier assigned to each banking company. This is sometimes referred to as the U.S. Treasury routing number. ** If the EFT is for payment of an invoice, please ensure the invoice number is included in the reference portion of the EFT. If the EFT is for some other purpose, such as purchase of a right-of-way parcel, please ensure the parcel number and the Caltrans contact person's name is included in the reference portion of the EFT. EXHIBIT D 9 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: State of California DEPARTMENT OF TRANSPORTATION Caltrans — District 12 Office of Right of Way 3337 Michelson Drive Suite-CN380 Irvine, CA 92612-1699 Attn: R/W Excess Lands Map No.: E120010-15 RWPE: C. SMYTHE (01104101) Wrltten:CS Check= DIRECTOR'S DEED • C 0 N r: O� i'L�i D COPY w Compared wiin Original Recorded in Official Records, orange County Tom Daly, Clerk -Recorder 1�III11111MINIIIIIIIII11111III NO FEE 200600081358310:16am 12105106 106 33 D10 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 District Count Route Post Number 12 Orange 1 19.7 DD 040766-01-01 The STATE OF CALIFORNIA, acting by and through Its Director of Transportation, does hereby grant to the City of Newport Beach all that real property in the City of Newport Beach County of _Orange_, State of California, described as: Parcel No. DD 040766-01-01 That portion of Lot 1 of Tract No. 463 in the City of Newport Beach, County of Orange, State of California as shown per a map filed in Book 32, Pages 2 and 3 of Miscellaneous Maps in the office of the County Recorder of said county; that portion of Lot I of Tract No. 2250 as shown per a map filed In Book 104, Pages 6 and 7 of said Miscellaneous Maps; that portion of Melrose Mesa (Tract No. 15) as shown on a map filed in Book 9, Page 19 of said Miscellaneous Maps; that portion of Lot D of the Banning Tract, as shown on a map of said tract filed in the case of Hancock Banning, et al. vs. Mary H. Banning for partition, and being Case No. 6385 upon the Register of Actions of Superior Court of Los Angeles County, California, bounded as follows: Bounded northeasterly by the northeasterly line of the lands described as Parcel I of State Parcel No. 40767 in a Grant Deed recorded February 14,1966 in Book 7839, Page 739 of Official Records in the office of the County Recorder of Orange County, California; MAIL TAX STATEME' City of Newport Beach 333 00 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Page 1 of 5 This office is exempt from filing fees under Government Code Section 6103 0 0 Bounded westerly by the westerly line of said Grant Deed, said westerly line also being described as a portion of the northerly prolongation of the westerly line of Annexation No. 55 to the City of Newport Beach dated September 19,1963; Bounded southwesterly by the northeasterly line of "new" Pacific Coast Highway as described in a Director's Deed (State Parcel No. DD 040767-03-01) from the State of California to the City of Newport Beach, a municipal corporation, recorded May 6,1993 as Instrument No. 93-0304178 of said Official Records; and bounded southerly and southeasterly by the center line of "new" Superior Avenue as described in a Director's Easement Deed (State Parcel No. DE 040766-1) from the State of California to the City of Newport Beach, a municipal corporation and charter city, recorded May 6, 1993 as Instrument No. 93- 0304175 of said Official Records. EXCEPTING THEREFROM those rights and interests previously excepted from that parcel of land described in the deed from A.E.S. Chaffey, et al., to the State of California (State Parcel No. 40766), recorded January 7,1966 in Book 7801, Page 108 of said Official Records. ALSO EXCEPTING THEREFROM those rights and interests previously excepted from those parcels of land described in the deed from BEECO, LTD., to the State of California (State Parcel No. 40767), recorded February 14,1966 in Book 7839, Page 739 of said Official Records. SUBJECT TO an easement for storm drain purposes, 35.00 feet wide; and an easement for sanitary sewer purposes, 30.00 feet wide, both as described in a Director's Deed (State Parcel No. DE 040767- 01-02) from the State of California to the Newport Crest Homeowners Association, a California Nonprofit Mutual Benefit Corporation, recorded September 11, 1990 as Instrument No. 90-479322 of said Official Records. There shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent state highway over and across those portions of the northeasterly line of "new" Pacific Coast Highway hereinabove described in said deed recorded as Instrument No. 93-0304178 of Official Records, said portions of the northeasterly line being further described as having a bearing and a distance of "North 54°21152" West, 215.42 feet" and "North 53°13'07" West, 167.37 feet". Page 2 of 5 PARCEL 040766-3 RESERVING UNTO THE GRANTOR AN EASEMENT FOR SCENIC VIEW AND OPEN SPACE PURPOSES OVER THE AFOREMENTIONED PROPERTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF LOT 3 OF TRACT NO. 7817, PER MAP FILED IN BOOK 308, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN SAID OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH A LINE PARALLEL WITH AND DISTANT 100.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE, 800°19'10"W 505.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE N71014'04"E 254.46 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 263.60 FEET SOUTHWESTERLY OF SAID SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID PARALLEL LINE S62013'53"E 838.20 FEET TO A POINT ON THE NORTHERLY LINE OF "NEW" SUPERIOR AVE AS DESCRIBED IN A DOCUMENT RECORDED MAY 6,1993 AS INSTRUMENT NO. 93- 0304175 OF SAID OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SUPERIOR AVENUE AS DESCRIBED IN SAID DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93-0304175 OF SAID OFFICIAL RECORDS. GRANTEES USE OF SAID EASEMENT AREA SHALL BE LIMITED TO THOSE "PERMITTED" USES UNDER GRANTEE'S ZONING DESIGNATION OPEN SPACE — ACTIVE AS DEFINED UNDER TITLE 20 OF GRANTEES ZONING CODE AS IT EXISTED ON OCTOBER 12, 2006. ADDITIONALLY THE GRANTEE IS PROHIBITED FROM PLACING PERMANENT STRUCTURES OR PAVEMENT WITHIN THE EASEMENT AREA, AND NO PARKING OF MOTORIZED VEHICLES SHALL BE PERMITTED WITHIN THE EASEMENT AREA. GRANTEE SHALL BE RESPONSIBLE FOR ALL MAINTENANCE WITHIN THE EASEMENT AREA. Attached hereto and made a part hereof is a map entitled "Exhibit 'A'". This map is for informational purposes only and is subordinate in all respects to the above legal description. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature: 0 SC011 E. ESTEP, PLS 7066 EXPIRATION: 12-31-2006 Date: 9 - 7, q , Za oto Page 3 of 5 E. e- -4 Elp 12/31/06 1 _ N0. 7066 / • SITEw Lu e Lu No SCALE srg r sr Il `' S I T E ?ours I Ile L VLY LINE OF LOT 3 TR 7011,YL ]08/33-34 CITY 4� of ;pg13� 3A NE'LY LINE 'YEW P.C.H. STATE PARCEL NO -DD 040767-03-01 PER INST. NO, 93-0704176 0R, DIST COUNTY RTE P 12 ORA 1 �71;9L.7 EXHIBIT ''A" 1011 32/2-3 NOTE THE SCENC VIEW AND OPEN SPACE SOUARE FOOTAGE DOES NO7 INCLUDE THE AREA WHIN �'+; �• THE STORH ORAIR AND SEVER EASE PER �'� • .,tip INST. NO.9D-479322, I l I } I STATE RETAINS ACCESS RIGHTS STATE OF CALIFORNIA --DEPARTMENT OF TRANSPORTATIDW--DISTRICT 12 PLAT ACCOMPANYING SCALE: N.T.S. DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKD:GBG DATE: 11/18/04 REF. MAP: E}20010-15 SHEET 4 OF 5 0 0 Subject to special assessments If any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, In particular, by the Streets and Highways Code. WITNESS My hand and the seal of the Department of Transportation of the State of California, this day of 204OX APPROVED AS DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By 1JI L '�• ✓/� Att� Fact STATE OF CALIFORNIAPERSONAL ACKNOWLEDGMENT County of Sacramento SS On thls tha�y of20 4 Name, Title of Officer-E.G., "Jane , Notary Public" personally appeared Name of Signer personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within instrument and acknowledged to me that he/sive executed the same In hisA0F authorized capacity, and that by hisAW signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the Instrument, WITNESS my hand and official seal. J � (Notary Public's signature in and for said County and State) iO4AUM HA PENNAtA COMmI alon # 15969% NOWY Public - California Los Amite: County My Comm. E)Q*ft Jul 23, 2004 or Stamp) THIS IS TO CERTIFY that the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the 12th day of October 2006, in the City of Santa Rosa. Dated this 16th day of October2006. J H i=. BARNA, JR., Executive it ctor C IFORNIA TRAtVSPORTATlO OMMISSION Page 5 of 5 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by the Purchase and Sale Agreement at Parcel DK040766-4 dated May Z41 , 2021 from the State of California Department of Transportation ("Caltrans'), as Grantor and the City of wport Beach, a California municipal corporation, as Grantee, is hereby accepted on 4hi0 2021, by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 6773 of the City Council adopted on May 13, 1968. 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: CITY ATTQRNEY'S OFFICE Date: f A I I I I aA' By:U Aaron C. City Attoi ATTEST: 1 Any' Date: �V Leilani I. E City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH, A California municipal corporation Date: JUL 01 2021 By: Grac eung City Manager RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS DEPARTMENT Date:-.36-Za7 By: David A. ebb Public Works Director On JuL4 th.2oZl before me,jci,NIFfjLAW t#W0 %Notary Public, personally appeared GRACE K. LEUNG, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, 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 myy/11and and official seal. v9 n Mulvey �:, w COMM #2214138 a Signature,k� a" k NOry Public-Califomiaj 0 y` NANGECOUNP/ (Seal) pias. MyCommiWan 6dresOtt II, 2021 STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM Goecmor DEPARTMENT OF TRANSPORTATION DISTRICT 12 1750 EAST 4TH STREET, SUITE 100 SANTA ANA, CA 92705 PHONE (657) 328-6300 FAX (657) 328-6513 TTY 711 www.dot.ca.gov/dl2 June 3, 2021 City of Newport Beach Andy Tran, P.E., Senior Civil Engineer 100 Civic Center Drive Newport Beach, CA 92660 Dear Mr. Tran: t P - Meiling Can,sen'16.a a Caldinnia WaY gl Life. 12 -ORA -1 PM 20.4 EA: OROOD Project ID: 1213000095 Phase: 2E I 1 Parcel: DK 04076611 Enclosed is an original executed copy of the Purchase and Sale Agreement dated May 24, 2021 between Caltrans and the City of Newport Beach for the conveyance of easement parcel DK 040766-4. We would like to confirm the $3,650.00 Electronic Transfer Fund (ETF) payment for the easement parcel DK 040766-4 was received by our HQ Accounting Division. The Purchase Price for the easement parcel has been paid in full. The sale is tentatively scheduled to be presented at the August 18" and 19' CTC Meeting for CTC approval. In the meantime, if you have any questions feel free to contact me at (424) 413- 1161 or via email at Emesto.Martinez@dot.ca.gov. Since ly, Ernesto lrinez&l Associate Right of Way Agee Enclosure "Provide a .safe and reliable transportation network that serves all people and respects the environment"