HomeMy WebLinkAboutC-519(T) - West Coast Highway, 1221 (Balboa Bay Resort) - Assignment Agreement for Environmental Indemnity 2014ASSIGNMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
INTERNATIONAL BAY CLUBS, LLC FOR
ENVIRONMENTAL INDEMNITY
This Assignment Agreement ("Assignment") is made effective as of January 9, 2014, by
and between INTERNATIONAL BAY CLUBS, LLC, California limited liability company
("Assignor") and CITY OF NEWPORT BEACH, a California municipal corporation
("Assignee"). Assignor and Assignee are sometimes hereinafter individually referred to as a
"Party" and collectively as the "Parties".
RECITALS.
A. Assignor's predecessor -in -interest entered into that certain Conveyance,
Disassembly and Abandonment Agreement ("Conveyance Agreement") with the Orange County
Sanitation District, a government agency and political subdivision in the State of California
("OCSD"), dated August 2004, pursuant to which OCSD agreed to transfer and convey all of its
right, title and interest in certain real property as more particularly described in Exhibit A attached
hereto and incorporated herein ("OCSD Property") at such time as OCSD ceased using the OCSD
Property and had disassembled and removed all above -surface improvements relating to the existing
pump station facility on the OCSD Property.
B. In connection with the transfer and conveyance of the OCSD Property to Assignor,
OCSD entered into that certain Environmental Indemnity Agreement, made as of August 2004 (a
copy of which is attached hereto as Exhibit B and incorporated herein) ("Environmental
Indemnity"), pursuant to which OCSD agreed to indemnify the "Indemnified Parties" from
environmental claims arising from or in connection with OCSD's use of the OCSD Property.
C. OCSD has ceased its use of the OCSD Property and has completed its disassembly
and removal of all equipment as provided in the Conveyance Agreement.
D. Balboa Bay Club Ventures, LLC, a California limited liability company ("BBC
Ventures") is a wholly -owned subsidiary of Assignor and has entered into an Amended and
Restated Ground Lease dated effective October 29, 2013 (the "Ground Lease"), with Assignee,
pursuant to which BBC Ventures leases the real property located adjacent to the OCSD Property.
E. Assignor has instructed OCSD to convey all of its right, title and interest in the
OCSD Property directly to Assignee by a quitclaim deed, generally in the form attached hereto as
Exhibit C and incorporated herein.
F. In connection with the transfer and conveyance of all of OCSD's right, title and
interest in the OCSD Property to Assignee, Assignor wishes to assign, transfer and convey all of its
rights in and to the Environmental Indemnity to Assignee.
6770.1000\City\Assignment Agreement 1
Doc 584380
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1.0 The Recitals set forth above are incorporated into and made part of this Assignment.
2.0 Effective upon the conveyance of all of OCSD's right, title and interest in and to the
OCSD Property to Assignee, Assignor hereby assigns, transfers, and conveys all of its right, title,
and interest in and to the Environmental Indemnity to Assignee; provided that Assignor, its
subsidiaries and affiliated companies, including, without limitation, BBC Ventures, and their
respective members, managers, officers, directors, employees, agents, and attorneys of each of them
shall continue as Indemnified Parties under the Environmental Indemnity during the term of the
Ground Lease.
3.0 Assignee hereby accepts the assignment of Assignor's right, title, and interest in and
to the Environmental Indemnity, and acknowledges and agrees that Assignor shall have no liability
for any "Indemnified Costs", as defined in the Environmental Indemnity, and that OCSD shall be
solely liable and responsible for any claims, liabilities or obligations resulting from or arising from
or relating to the OCSD' s current or prior use of, or activities performed at, the OCSD Property as
further defined in the Environmental Indemnity.
4.0 This Assignment shall inure to the benefit of and be binding upon Assignor and
Assignee and their respective heirs, executors, legal representatives, successors and assigns. If any
provision of this Assignment or the application thereof to any person or circumstance shall be
invalid or unenforceable to any extent, the remainder of this Assignment and the application of such
provisions to other persons or circumstances shall not be affected and shall be enforced to the
greatest extent by law. This Assignment shall be interpreted, construed, and enforced according to
the laws of the State of California. This Assignment may be executed in any number of
counterparts all of which taken together shall constitute one and the same instrument.
Assignor and Assignee have executed this Assignment the day and year first above written.
[SIGNATURES ON NEXT PAGE]
6770.1000\City\Assignment Agreement 2
Doc 586084-2
AS SIGNOR:
INTERNATIONAL BAY CLUBS, LLC,
a California limited liability company
By:
Todd l\)I. Picku
Its: Chief Executive Officer
ASSIGNEE:
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Name: Dav
Title: City Manager
APPROVED AS TO FORM:
CITY ATTOEY'S OFFICE
Date:
By:
Aaron C.
City Attorney
ATTEST:
Date:
By:
Po. III
Leilani I. Brown
City Clerk
PAYL-
[END OF SIGNATURES]
6770.1000\City\Assignment Agreement 3
Doc 586084-2
EXHIBIT A
AMENDMENT NO. 1
To
CONVEYANCE, DISASSEMBLY ANI) AI3ANDONMENI' AGREEMENT
'CI-IIS AMENDMENT NO, 1 TO CONVEYANCE, DISASSEME3LY AND
ABANDONMENT AGREEMENT (this "Amendment No. 1") is made and entered into this
'
cf `! clay , 2006, for identification purposes only, by and between
,pp
Orange County Sari'itatron District, a government agency and political subdivision of the State of
California ("OCSD" and "Purchaser") and :international Bay Clubs, Incorporated ("MCI" and
"Seller"). Execution of this Amendment No. 1 is pursuant to approval and authorization of the
Orange County Sanitation District Board of Directors and the International Bay Clubs,
Incorporated Board of Directors.
RECITALS
A, Pursuant to the terms and subject to the conditions set forth in that certain
Purchase and Sale Agreement and Joint Escrow Instructions ("Purchase Agreement") dated as
of September 1.7, 2003, IBC] and OCSD entered into that certain "Conveyance, Disassembly and
Abandonment Agreement" ("CDA Agreement"). Any initially capitalized term used herein
without definition shall have the meaning given such term in the CDA Agreement.
13. Pursuant to the CDA Agreement, Purchaser has agreed that, after the closing of its
purchase of the Seller Property under the Purchase Agreement, and after its completion of
construction and commencement of operation of a new pump station facility on a portion of the
Seller Real Property, (i) Purchaser will diligently disassemble and remove all above -surface
improvements related to the existing pump station facility on the Purchaser Real Property; (ii)
Purchaser will diligently disassemble, remove and cap -off, as necessary, all below -surface
improvements related to the existing public station facilities on the Purchaser Property to the
extent necessary to allow the Purchaser Real Property to he developed in the future for vehicular
and pedestrian accessway and surface parking uses; and (iii) upon completion of the events
described in the immediately proceeding clauses (i) and (ii), Purchaser will abandon any rights or
interests it may have to any remaining below -surface improvements related to the existing pump
station facility, and quitclaim to Seller or its nominee all of its rights, title, interest rights and
interests in and to the Purchaser Property,
C. As the result of circumstances not foreseen by the parties at the time of execution
of the CDA Agreement, OCSD ancl IBCI have agreed that it is to their mutual benefit that the
deadlines contained in the CDA Agreement for Purchaser to construct the new pump station and
to disassemble the existing pump station on the Purchaser Property be extended three (3) years.
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby
acknowledged, and in consideration of -the promises and mutual benefits which will result to the
parties in carrying out the terms of this Amendment No. 1, it is mutually agreed as follows:
AGREEMENT
I. Section 1 of the CDA Agreement is hereby amended to read as follows:
1. CONSTRUCTION/COMMENCEMENT OF OPERATION
OF NEW PUMP STATION ON FACILITY: DISPOSITION OF THE
PURCHASER PROPERTY.
(a) Construction of New Public Station Facility. Purchaser
agrees that it will commence the construction of a new pump station facility on a
portion of the Seller Real Property (the "New Facility") within a commercially
reasonable time period after the closing of its acquisition of the Seller Property
under the Purchase Agreement (the "Property Acquisition Date"), and that it
will thereafter diligently proceed with such construction so that the New Facility
is completed and is operating no later than July 1, 2011, subject to the Force
Majeure Events (as hereinafter defined).
(b) Disassembly, Removal and Capping -Off of Existing
Pump State Facility. Within sixty (60) days after the completion and
commencement of operation of the New Facility, Purchaser agrees that (i) it will
commence the disassembly and removal of all above -surface improvements
related to the existing pump station facility on the Purchaser Real Property (the
"Existing Facility"), and (ii) it will commence and thereafter diligently proceed
with the disassembly, removal and capping -off, as necessary, of all below -surface
improvements related to the Existing Facility to the extent necessary to allow the
Purchaser Real Property to be developed in the future for vehicular and pedestrian
accessway and surface parking uses (the work described in clauses (i) and (ii) of
this Section I (b) shall be hereinafter collectively referred to as the "Existing
Facility Removal Work"). Purchaser covenants that all Existing Facility
Removal Work shall be completed in accordance with the provisions of this
Agreement no later than January 1, 2012, subject to Force Majeure Events.
(c) Compliance with Laws. All of the Existing Facility
Removal Work shall be performed in strict compliance with the applicable laws
of all governmental authorities having jurisdiction over such Work, including,
without limitation, all applicable environmental laws.
(d) Abandonment, Transfer of Purchaser Property. Within
thirty (30) days after the completion of the Existing Facility Removal Work,
Purchaser agrees that (i) it will abandon any rights or interests it may have to any
remaining below -surface improvements related to the Existing Facility; and (ii) it
will release and -quitclaim to Seller or -its nominee all ofPurchaser's right, title and
interest in and to the Purchaser Property pursuant to a quitclaim deed in the form
attached hereto as Exhibit C (the "Quitclaim Deed").
(e) Definition of Force Majeure Events. For purposes of this
Agreement, the term "Force Majeure Events" shall mean only proven delays due
to strike, acts of Clod, inability to obtain labor or materials, governmental
restrictions, acts of war or terrorism, enemy action, civil commotion, Eire or
similar causes provided such similar causes are beyond Purchaser's reasonable.
control. Any delay caused by a Force Majeure Event shall extend the time period
by one (I) day for each day that such Force Majeure Event exists.
II, This Amendment No. 1 is supplemental to the CDA Agreement, and is by
reference. made a part of said Agreement. All of the terms, conditions and provisions thereof,
unless specifically modified herein, shall continue in full force and effect.
1II. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 1 and any of the provisions of the CDA Agreement, the provisions of this
Amendment No. 1 shall in all respects govern and control.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed
by their duly authorized representatives as of the date first above written.
SELLER:
INTERNATIONAL BAY CLUBS
INCORPORATED
-
By:
David C. Wooten, President
By:
Gerald 'T'. lohnsoiveefetary
ATTEST:
By:
Printed Name: GI L1
Its: 5 .c r�t—
PURCHASER:
()RANGE COUNTY SANITATION
DISTRICT
By:f
ATTEST:
By:
Penny M. Kyle, Boatd Secretary
APPROVED AS "h0 FORM:
By:
Bradley R. Hogii, Esq.
General Counsel
EXHIBIT B
VIRONMENTAL INDEMNITY AGREEMC )
This Environmental Indemnity Agreement ("Agreement") is made as of August , 2004, by the
ORANGE COUNTY SANITATION DISTRICT ("OCSD"), In favor of rINTERNATIONAL BAY...CLUB.$, ,S
INCORPORATED, a California corporation ("IBC"). •
Factual Background
A, OCSD and IBC have entered Into that certain Conveyance, Disassembly and
Abandonment Agreement of even date herewith (the "Conveyance Agreement") With respect to that certain
real property more particularly described on Exhibit A attached hereto and by this reference Incorporated
herein, together with all fixtures and other real property improvements related thereto, all of which are
owned In easement or fee by OCSD (the "OCSD Property").
B. In connection with the Conveyance Agreement and the Purchase Agreement (as defined In.
the Conveyance Agreement), OCSD has agreed to execute and deliver this Agreement to IBC.
1. Definitions.
As used in this Agreement:
1.1 "Hazardous Substance" means any substance, material or waste (including petroleum
and petroleum products) which is or beoomes designated, classified or regulated as being "toxic" or
"hazardous" or a "pollutant" (or a similar such designation) under any federal, state or local law, regulation
or ordinance.
1,2 "Indemnified Costs" means all actual or threatened liabilities, claims, actions, causes of
action, Judgments, orders, damages (Including foreseeable and unforeseeable consequential damages),
costs, expenses, fines, penalties and losses (including sums paid In settlement of claims and all
consultant, expert and legal feesand expenses of IBC's counsel), including those Incurred in connection
With any investigation of site conditions or any clean-up, remedial, removal or restoration work (whether of
the OCSD Property or any other property), or any resulting damages, 'harm or injuries to the person or
property of any third parties or to any natural resources; but excluding such -liabilities, claims, actions,
causes of action, Judgments, orders, damages (Including foreseeable and unforeseeable consequential
damages), costs, expenses, fines, penalties and losses (including sums paid In settlement of claims and
all consultant, expert and legal fees and expenses of IBC's counsel) to the extent same are:
(a) attributable to the negligence or willful misconduct of the party seeking to be indemnified; or (b) not
arising directly or indirectly out of or resulting from any Hazardous Substance being present or released
In, on, above, under or around any part of the OCSD Property, or In the soli, groundwater, soil vapor or air
on, above or under the OCSD Property that arises from the OCSD's current or prior use of, or activities
performed at, the OCSD Property.
1.3 "Indemnified Parties" means and includes IBC, its parent, subsidiary and affiliated
companies (including, without limitation, Balboa Bay Club, Inc., a California corporation) and the officers,
directors, employees and agents of each of them.
2. indemnity Agreement,
2.1 indemnity Regarding Hazardous Sullstances. OCSD Indemnifies, defends and holds the
Indemnified Parties harmless from and against any and all Indemnified Costs directly or Indirectly arising
out of or resulting from any Hazardous Substance being present or released In, on, above, under or
around any part of the OCSD Property, or in the soil, groundwater, soil vapor or air on, above or under
the OCSD Property and arising from or related to the OCSD's current or prior use of, or activities
performed at, the OCSD Property, including: .
12394,2 -1-
(a) AnyC)m for such Indemnified Costs asserteD any federal, state or local
governmental agency, including the United States Environmental Protection Agency and the California
Department of Health Services, and Including any claim that any Indemnified Party Is liable for any such
Indemnified Costs as an "owner" or "operator" of the OCSD Property under any law relating to Hazardous
Substances; and
(b) Any such Indemnified Costs claimed against any Indemnified Party by any
person other than a governmental agency, including any person who may purchase or lease all or any
portion of the OCSD Property from any Indemnified Party, or from any other purchaser or lessee; any
person who may at any time have any Interest in all or any portion of the OCSD Property; any person who
may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the OCSD
Property; and any person claiming to have been Injured in any way as a result of exposure to any
Hazardous Substance; and
(c) Any such Indemnified Costs which any Indemnified Party reasonably believes at
any time must be incurred to comply with any law, judgment, order, regulation or regulatory directive
relating to Hazardous Substances, or which any Indemnified Party reasonably believes at any time must
be Incurred to protect the public health or safety; and
(d) Any such indemnified Costs resulting from currently existing conditions in, on or
around the OCSD Property, whether known or unknown by OCSD or the Indemnified Parties at the time
this Agreement is executed.
2.2 [Intentionally omitted.]
2.3 Defense of Indemnified Parties. Upon demand by any indemnified Party, OCSD shall
defend any investigation, action or proceeding involving any Indemnified Costs which Is brought or
commenced against any Indemnified Party, whether atone or together with OCSD or any other person, all
at OCSD's own cost and by counsel selected by OCSD and to be approved by the indemnified Party,
which approval shall not be unreasonably withheld. In the alternative, any Indemnified Party may elect to
conduct Its own defense at the expanse of OCSD.
2,4 [Intentionally omitted.]
2.5 Compliance Regarding Hazardous Substances, While OCSD continues to own an
Interest In and to the OCSD Property, OCSD shall comply with all laws, regulations and ordinances
governing or applicable to Hazardous Substances.
2.6 Notices Regarding Hazardous Substances. OCSD shall promptly notify IBC If it knows,
suspects or believes there may be any Hazardous Substance in or around the OCSD Property, or in the
soil, groundwater or soil vapor on or under the OCSD Property, In violation of applicable law, or that
OCSD or the OCSD Property may be subject to any threatened or pending Investigation by any
governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance.
2.7 Sije Visits. Observations and Testing, If any of the indemnified Parties has a reasonable
suspicion that Hazardous Substances In violation of applicable laws, regulations and/or ordinances exist
with respect to the OCSD Property, the Indemnified Parties and their agents and representatives shall
have the right, while OCSD continues to own an interest In and to the OCSD Property, at any reasonable
time to enter the OCSD Property for the purposes of observing the OCSD Property, taking and removing
soil or groundwater samples, and conducting tests on any part of the OCSD Property. The indemnified
Parties have no duty, however, to visit the OCSD Property or to conduct tests, and no site visit,
observation or testing by any Indemnified Party shall impose any liability on any indemnified Party, except
for damage resulting from such visit, observation or testing. In no event shall any site visit or testing by
any indemnified Party be a representation that Hazardous Substances are or are not present in, on or
under the OCSD Property, or that there has been or shall be compliance with any law, regulation or
ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither OCSD
nor any other party is entitled to rely on any site visit or testing by any Indemnified Party, The Indemnified
12394,2
-2-
Parties owe no duty of careirotect OCSD or any other party agalnst,\...,,,to inform OCSD or any other
party of, any Hazardous Substances or any other adverse condition affecting the OCSD Property. The
Indemnified Parties may in their discretion disclose to OCSD or any other party any report or findings
made as a result of, or In connection with, any site visit or testing by the Indemnified Parties. OCSD
understands and agrees that the Indemnified Parties make no representation or warranty to OCSD or any
other party regarding the truth, accuracy or completeness of any such report or findings that may be
disclosed. OCSD also understands that, depending on the results of any site visit or testing by any
Indemnified Party which are disclosed to OCSD, OCSD may have a legal obligation to notify one or more
environmental agencies of the results and that such reporting requirements are site -specific and are to be
evaluated by OCSD without advice or assistance from the Indemnified Parties. Any Indemnified Party
shall give OCSD reasonable notice before entering the OCSD Property. The Indemnified Party shall
make reasonable efforts to avoid interfering with OCSD's use of the OCSD Property in exercising any
rights provided in this Section. The Indemnified Party shall bear all costs associated with such visit,
observation or testing, and shall, at its sole expense, bear all resulting costs of restoring the property to its
condition as existed prior to the visit, observation, or testing, and shall bear all costs of lawfully disposing
of all materials and substances (including any Hazardous Substances) generated solely by the visit,
observation or testing.
2.8 Attorneys' Fees. In the event any dispute between the parties with respect to this
Agreement results in litigation or other proceeding, the prevailing party shall be reimbursed by the party
not prevailing in such proceeding for all reasonable costs and expenses, including, without limitation,
reasonable attorneys' fees and experts' fees and costs incurred by the prevailing party In connection with
such litigation or other proceeding and any appeal thereof.
3. Gegeral Provisions.
3.1 (Intentionally omitted.]
3.2 Reservation of Other Sights and Remedies. Nothing in this Agreement shall be
construed to limit any claim or right which any Indemnified Party may otherwise have at any time against
OCSD or any other person arising from any source other than this Agreement, including any olaim for
fraud, misrepresentation, waste or breach of contract other than this Agreement, and any rights of
contribution or indemnity under federal or state environmental law or any other applicable law, regulation
or ordinance.
3.3 Delay; Cumulative Berredies. If any Indemnified Party delays In exercising or falls to
exercise any right or remedy against OCSD, that alone shall not be construed as a waiver of such right or
remedy, All remedies of any Indemnified Party against OCSD are cumulative.
3.4 Rules of Construptlon. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California. All headings appearing in this Agreement are for
convenience only and shall be disregarded in construing this Agreement. In this Agreement, the word
"person" includes any Individual, company, trust or other legal entity of any kind. The word "Include(s)"
means "Include(s), without limitation," and the word "Including" means "including, but not limited to."
When the context and construction so require, all words used in the singular shall be deemed to have
been used in the plural and vice versa. Every provision of this Agreement Is intended to be severable. In
the event any term, provision, section or subsection of this Agreement is declared to be illegal or invalid,
for any reason whatsoever, by a court of competent Jurisdiction, such illegality or Invalidity shall not affect
the other terms, provisions, sections or subsections of this Agreement, which shall remain binding and
enforceable.
3.5 Intecration; Modifications. This Agreement (a) Integrates all the terms and conditions
mentioned In or Incidental to thls Agreement, and (b) supersedes all oral negotiations and prior writings
with respect to their subject matter. This Agreement may not be modified except in a writing signed by
both IBC and OCSD.
12394,2
-3-
4. Miscellaneous. OCC) obligations under this Agreement shall b.,.)ve the transfer of the OCSD
Property by OCSD to IBC or any indemnified Party. The provisions of this Agreement shall bind and
benefit the heirs, executors, administrators, legal representatives, successors and assigns of OCSD and
the Indemnified Parties; provided, however, that OCSD may not assign this Agreement, or assign or
delegate any of Its rights or obligations under thls Agreement, without the prior written consent of IBC in
each instance.
OCSD:
ORANGE COUNTY SANITATION DISTRICT
By:Na� Name: !/ �'4WI� S Ni: e2rkAnJ
Title: 1h - c No4/K,►+ufr)
ATTEST;
By:
Name:
Its:
APPROVED AS TO FORM;
By:
12394,2
Thomas L. Woodruff, Esq.
General Counsel
-4-
EXHIBIT A
J.eaai Description of OCSD Property
An easement for sanitary sewer purposes over, along and across the following described property:
That portion of Lot 171 In Block 54 of the Irvine's Subdivision, In the City of Newport Beach, County of
Orange, State of California, as shown on a map recorded In Book 1, Page 88, inclusive of Miscellaneous
Maps, In the office of the County Recorder of said County, described as follows:
Beginning at a point on the Southerly line of the 100-foot right of way of the California State Highway ORA-
80-B, said point of beginning being at right angles to engineer's station, 7+96.46 in the centerline of said
highway, thence South 15° 38' 30" West 44.00 feet; thence North 74° 21' 30" West 34.00 feet; thence North
15° 38' 30" East to an Intersection with the said Southerly line of the State Highway, thence Southeasterly
along said Southerly line to the point of the beginning.
- A-1-
RECORDING REQUESTED BY:
Orange County Sanitation District
WHEN RECORDED MAILTO:
Orange County Sanitation District
Attn: Clerk to the Board
10844 Ellis Avenue
Fountain Valley, CA 92708
WITH A COPY TO:
City of Newport Beach
Attn: City Clerk
100 Civic Center Dr.
PO Box 1768
Newport Beach, CA 92658
Recorded in Official Records, Orange County
Hugh Nguyen Clerk -Recorder
III $ !IIIIIIllIIIIIIIIIIIIIIIII IIIII II!II!III1II 11 1111 NO FEE
2014000030130 10:30 am 01/24/14
217 414 001 5
0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00
Exempt from recording fee per Government Code §§ 6103 and 27383
Documentary Transfer Tax Exempt per Rev & Tax Code § 11922
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
QUITCLAIM DEED
COmFOriMEpCOpy
1 Original
For VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ORANGE
COUNTY SANITATION DISTRICT hereby remises, releases and forever quitclaims to the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city, all of its
right, title and interest in and to the real property located in the City of Newport Beach,
County of Orange, State of California, described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY
REFERENCE HEREIN
DATED: / � r�l AD11
ORANGE COUNTY SANITATION DISTRICT
By:
James D. Herberg
Its: General Manager
1
EXHIBIT A
An easement for sanitary sewer purposes over, along and across the following described
property:
That portion of Lot 171 in Block 54 of the Irvine's Subdivision, in the City of Newport
Beach, County of Orange, State of California, as shown on a map recorded in Book 1,
Page 88, inclusive of Miscellaneous Maps, in the office of the County Recorder of said
County, described as follows:
Beginning at a point on the Southerly line of the 100-foot right of way of the California
State Highway ORA-60-B, said point of beginning at right angles to engineer's station
7+95.46 in the centerline of said highway; thence South 15°38'30" West 44.00 feet; thence
North 74°21'30" West 34.00 feet; thence North 15°38'30" East to an Intersection with the
said Southerly line of the State Highway; thence Southeasterly along said Southerly line to
the point of the beginning.
2
ACKNOWLEDGMENT
State of California)
County of Orange)
On 12/31/2013 before me, Kelly A. Lore, Notary Public
personally appeared James D. Herberg
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, and that by his signature on the instrument the person, or the entity upon behalf of which
the person 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.
(Seal)
KELLY A. LORE
Commission # 1939344
Notary Public - California
Orange County
My Comm. Expires Jun 30,V2015 Ikr
Title or Type of Document: Quitclaim Deed - City of Newport Beach
Document Date: 12/31/2013 Number of Pages 5
Other Information: Lot 171 BL 54 Irvine Subdivision, City of NB - see Agmt. NEW 51
3
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by the Quitclaim Deed for that portion of Lot 171 in Block 54 of the Irvine's
Subdivision, as more particularly described in Exhibit A, attached to the Quitclaim Deed
dated December 31, 2013 from Orange County Sanitation District, as Grantor and the City
of Newport Beach, a California municipal corporation and charter city, as Grantee, is
hereby accepted on`,(ki(1{Afi , 20 V-t by the undersigned officer on behalf of
the City of Newport Beach puthuant 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:
CITY ATTORNEY'S `OFFICE
Date: 1 1-i
By:
Aaron Idr
City Attorney
ATTEST: ,,//
Date: ��- /1tl'
By:
Leilani I. Brown
City Clerk
(cc
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: L17.A1l�
By:
40, Daveff City Manager
4
ACKNOWLEDGMENT
State of California )
County of ORANGE)
On J ANUke---`l , 20 it-tl before me, .) Ntv-e g- U`--V E 1 , Notary
Public, personally appeared DAVE KIFF, 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, and that by his
signature on the instrument the person, or the entity upon behalf of which the person
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.
Signature
(Seal)
5
JENNIFER ANN MULVEY
Commission # 2045022
Notary Public - California z
Z w/ Orange County
My Comm. Expires Oct 17 20,1