HomeMy WebLinkAboutC-1306 - Fire station at Newport Center site (see also Deed D-996)� N
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CITY OF NEWPORT BEACH DRAWN GB - - - DATE_12 -1-69
PUBLIC WORKS DEPARTMENT APPROVED
GRAD //VG OL A /V PUBLIC WORKS DIRECTOR
/l/EWPOAF' T 0,=--A/ P R.E. NO.
F /QE iAT/ 0/V DRAWING NO.
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EXHIBIT "D"
THE IRVINE COMPANY PROJECT:
G,PAO /ii/G PLAN
560 NEWPORT CENTER DRIVE - (714) {{49011
NEWPORT BEACH, CALI /ORNIA 92660 TITLE: NEWPORT CENTER f /RE STArmi/
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THE IRVINE COMPANY PROJECT:
GRAO /NG PLAN
600 NEWPORT CENTER DRIVE • (711) 641.6011
NEWPORT BEACH, CALIFORNIA 07660 TITLEI A/f'WODP7- PfA1;rrP F /.PE STAT//l&
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TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. r,1306
V
DATE Ausist 10. 1970
Description of Contract rice StatiM Site
Authorized by Resolution No. 7235 , adopted on 7 -13-70
Effective date of Contract July 14, 1970
Contract with The Irvine Oagaxy
Address 650 Newport Oenter Drive
Newport Beach, G 92660
Amount of Contract 8146,400.00
city Clerk ,
xs Ken Perna, Publio Works wloa of contract
in
�
RESOLUTION NO. 7235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH j
AND THE IRVINE COMPANY FOR THE PURCHASE OF A
FIRE STATION SITE IN THE NEWPORT CENTER
WHEREAS, the City Council of the City of Newport Beach
has determined that it is necessary that the City acquire a site
for a fire station in the Newport Center; and
WHEREAS, a certain agreement designated "AGREEMENT FOR
PURCHASE AND SALE UNDER THREAT OF EMINENT DOMAIN (NEWPORT CENTER
FIRE STATION SITE)" has been presented to the City Council for
its consideration; and
WHEREAS, the City Council has reviewed the terms of
said agreement and has determined that it is in the City's interest
to authorize the approval and execution of said agreement on
behalf of the City;
NOW, THEREFORE, BE IT RESOLVED that the agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the.same on behalf of the City
of Newport Beach;
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute the Escrow Instructions for the purchase
of said property, which have been submitted with said agreement.
ADOPTED this 13th day of July, 1970.
ATTEST:
City Clerk
Mayor
THS:mh
7/9/70
i
CITY OF NEWPORT :BEACH
Office of
City Attorney
To: Fina,ce Director Date: July 30, 1970
From- City Attorney
Subject: Purchase of site for Newport Center
Fire Station - Escrow No. 001 TR
In order to close the above escrow, would you please prepare
a check in the amount of $66.73, payable to the Santiago
Escrow Company. This amount represents the closing costs, as
set forth in the attached statement and accompanying letter
from the escrow company.
Please mail the.
together with a.
convenience.
check to the Santiago Escrow Company,
copy of the statement, at your earliest
TULLY H. SEYMOUR
City Attorney
THS:mh
Att.
cc: City Manager
City Clerk ✓
4
•
SANTIAGO
ESCROW
500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111 COMPANY
July 29, 1970
Mr/ Tully H. Seymour
City Attorney
City of Newport Beach
Newport Beach, California
92660
Dear Mr. Seymour:
In reference to the purchase of the fire station for Newport Beach
from The Irvine Company, the deed was recorded on July .28, 1970.
Enclosed is the original and one copy of the closing statement.
The closing costs come to $66.73. Your party received a credit of
$108.27 on the pro- ration of real property taxes. The escrow fee
for your half was $175.00, leaving the balance owing of $66.73.
Please have the City of Newport Beach mail us a check in that
amount payable to Santiago Escrow Company so we may close out the
escrow.
The deed will be forwarded to you from the County Recorder's office
in a few weeks. The title policy insuring your interest will be -
mailed to you as soon as it is received.
Thank you very much for your cooperation in this matter.
very truly yours,
/ zc�� Anth
P. Rowe'
Manager
Ehnc /tr
ESCROW STATEMENT
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500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111
L
Statement of: City of Newport Beach
Escrow Number
001 TR
Data
SANTIAGO
ESCROW
COMPANY
OT: TRACT:
Recorded: July 28 1 70
. 110-10-M
t
\x C:
ITEMS
DEBITS
CREDITS
CONSIDERATION: Sale 1 Loan
146,400
00
Deposited
146,400
00
Paid Outside of Escrow
Trust Deed in favor of:
Trust Deed in favor of Seller
Balance of Encumbrance of Record
ADJUSTMENTS:
Interest on $ @ % from
to
Taxes$ 1,442.67 for 12 Months from
7 -1 -70
to 7 -28 -70
108
27
Insurance $ Premium
r/s from
to
Community Assn. @ $ from
to
Rents $ Per from
to
Impounded Funds Held By Lender
PAID TO TITLE COMPANY:
Title Policy
Documentary Stamps On Deed
Recording: Deed Trust Deed
Reconve ance
Commission
Escrow Fee
175
00
Drawing Documents
Notary Fees
Insurance Endorsements
Service Fee: Beneficiary's Statement ( ► Demand( ►
New Loan ( 1
I
LENDER'S LOAN CHARGES:
Loan Fee $ , Appraisal Fee $
Tax Service $
Interest @ % from to
Lender's Forwarding Fee — Beneficiary's Statement
PAYMENT OF ENCUMBRANCES:
Demand of
Principal $
Interest @ % from to
$
Reconveyance Fee
$
Prepayment Charge
$
Forwarding Fee
$
Balance to cover closing costs.
66
73
Our Check To Balance
TOTALS
146�575100
R 146,575
00
. 110-10-M
t
\x C:
Escrow Number
ESCROW INSTRUCTIONS. 001 TR
SELLER AND BUYER SUYER'S COPY May 26, 1970
SANTIAGO
ESCROW
500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111 COMPANY
SELLER THE IRVINE COMPANY BUYER CITY OF NEWPORT BEACH
Escrow Agent is hereby instructed that for a total consideration of $ 146 400.00 and on or before
the closing date of June 30, 1970
1. SELLER will hand you Deedffi=kjmmxnTftaa3=onveying title to the subject property of this escrow in favor
of vestee named herein, and all other documents and monies required of seller to enable you to comply with
these instructions; and
2. BUYER will hand you $ 146,400.00 cash through escrow and"Afo1,e loin(s)
being obtained by buyer; the balance, if any, of $ None has been'pafd to seller outside of escrow;
and all other documents and monies required of buyer to enable you. to'bomply with these instructions;
which you are authorized to use, record, and /or deliver when you hold foi=;:the account of
3. SELLER: The sum of $ 146,40n -00 cash (including $�gacknowledged as paid
outside of escrow), to g ether with those other amounts credited to` Vlbcordin to these instructions,
and less those amounts chargeable to seller according to these instructions, and the documents, if any,
deliverable to seller according to the instructions below; and. for
4. BUYER: The documents and /or monies credited to buyer according to the instructions below; and
provided instruments have been filed for record entitling you to procure an OWA°Y's policy of title
insurance with a liability in the amount of the total consideration shown above on real property in the County
Of nRANrV. , State of California, described as:
SEE ATTACHED LEGAL DESCRIPTION AS EXHIBIT "B ".
and showing FF.F. title vested in the following VESTEE: THE CITY OF NEWPORT BEACH,
A MUNICIPAL CORPORATION.
SUBJECT ONLY TO:
ALL general and special taxes for the fiscal year 19_70_ -19 71 lien not yet payable.
Covenants, conditions, reservations, restrictions, rights, rights of way and easements now of record, if any.
ADDITIONAL RESERVATIONS, COVENANTS AND CONDITIONS AS SHOWN ON THE CORPORATION GRANT
DEED ATTACHED AS EXHIBIT "A ".
YERS CppY
�U
$ 161 - 1 5 in Documentary tax is the proper
amount to be affixed to seller's deed and charged
to seller's account.
MAIL DEED to: CITY OF NEWPORT BEACH
3300 Newport Blvd. Newport Beach, California
MAIL TAX STATEMENT to:
same as above
CONSIDERATION MEMO
Paid outside of escrow $
Cash through escrow $ 146.400.00
Encumbrance of Record $ —0—
New Encumbrance $ —0—
AL CONSIDERATION $ 146.400.00
Each party signing these instructions has read the additional escrow conditions and . nstructions on the reverse
side hereof and approves, accepts and agrees to be bound thereby as though the r--,ierse side hereof appeared
over their signatures. The undersigned seller and buyer acknowledge receipt of a -.-:py of these instructions.
SELLER'S SIGNATURE, Address & T aO�Mr,
N
THE IRQNE VOMPAA/�� Vic FgeFik&
BY. Assists t\\Secx y
550 Newport center Drive, Ne 1fy� ��
S
Form 100 -1 -70 Papa 1 of 3
BUYER'S SIGNATURE, Address & Telephone
CITY CLERK
Newport Blvd. Ng0ort Beach, Calif.
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Escrow Number
' ' ESCROW INSTRUCTIONS • UUYER'S COPY • Date TR
SUPPLEMENTAL PAGE May 76, 1970
THE IRVINE COMPANY TO CITY OF NEWPORT BEACH, CALIFORNIA SANTIAGO
ESCROW
500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111 COMPANY
The sale of this property is contingent upon the following:
(a) The buyer's herein approving the preliminary title report, in writing.
Santiago Escrow Company will mail preliminary title report to the City,
of Newport Beach and failure to approve or disapprove said report within
seven (7) days from the date of receipt, in writing, shall be presumed
approval thereof.
Taxes are to be adjusted and pro -rated to the close of escrow. Tax prorations will
be based on the taxes for the fiscal year 1969 -70.
It is understood that SANTIAGO ESCROW COMPANY is a subsidiary of The IRVINE COMPANY.
BUYERS herein agree to place into this escrow a resolution of acceptance of the
document of conveyance, in recordable form, that will meet County Recorder's
requirements for consent of the Grantee, and authorizes you to record same through
your escrow.
So -yER'S %JW
The foregoing terms, conditions, provisions and instructions have been read and are understood and agreed to
by each of the undersigned.
THE UNDERSIGNED SELLERS AND BUYERS ACKNOWLEDGE RECEIPT OF A COPY OF THESE
INSTRUCTIONS.
SELLER'S SIGNATURE
\BUYER'S SIGNATURE
CITY
ISIS
ioe -io-se Page No.
S
ftECORDING REQUESTED BY -
AND wMd 11ccOno 90 MAUL To
TO 406 CA (7.68)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I Corporation Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE IRVINE COMPANY
a corporation organized under the laws of the state of West Virginia
hereby GRANTS to
CITY OF NEWPORT BEACH, a Municipal corporation,
the following described real property in the City of Newport Beach
County of State of California:
fSee Exhibit "A" attached]
GOP
D.T.T. S
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru
ment to be executed by its
president and
Secretary
NeMe
Dated:
AddaM
STATE OF CALIFORNIA
Qtr L
SS.
COUNTY OF
Step.
L .
J
By
"I TAX rTATIMDIR TO
signed, a Notary Public in and for said State, personally appeared
Secretary
known
Noble
• to me to be the President, and
strut
known to me to be
Addrnr
Secretary of the Corporation that executed the
City 8
-
within Instrument, known to me to be the persons who executed the
ftt.
L
J
TO 406 CA (7.68)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I Corporation Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE IRVINE COMPANY
a corporation organized under the laws of the state of West Virginia
hereby GRANTS to
CITY OF NEWPORT BEACH, a Municipal corporation,
the following described real property in the City of Newport Beach
County of State of California:
fSee Exhibit "A" attached]
GOP
D.T.T. S
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru
ment to be executed by its
president and
Secretary
thereunto duly authorized.
Dated:
STATE OF CALIFORNIA
By
SS.
COUNTY OF
President
. On before me, the under
By
signed, a Notary Public in and for said State, personally appeared
Secretary
known
• to me to be the President, and
known to me to be
Secretary of the Corporation that executed the
-
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Corporation therein named, and
-
acknowledged to me that such Corporation executed the within Instru
menl pursuant to its bylaws or a resolution of its board of directors:
WITNESS my hand and official seal.
-
EXHIBIT "A"
Signature
_
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BUYER'S COPY
NEWPORT CENTER FIRE STATION
That portion of Block 55 of Irvine's Subdivision; in the
City of Newport Beach, County of Orange, State of California,--as
per map filed in Book 1, page 88 of Miscellaneous Record Maps in
the office of the County Recorder of said County, described as
follows:
Commencing at the Northeasterly terminus of that
..certain center line course of Jamboree Road described
as "North 42 35' 31" East, 860.76 feet" in Parcel A
in a deed to the City of Newport Beach recorded June
17, 1966 in Book 7964, page 631 of Official Records
...of said County; thence South 43° 30' 31" West 535.20
feet along said center line; thence leaving said center
line South 46° 29' 29" East 194.10 feet to the beginning
of a curve concave Southwesterly having a radius of
580.00 feet; thence Southeasterly 131.60 feet along
said curve through an angle at 13° 00' 00" to the True
Point of Beginning; thence continuing Southeasterly
188.69 feet along said curve through an angle -of -
180 38' 2311; thence non - tangent North 75° 08' 54" East
- 83.23 feet to the beginning of a curve concave North-
westerly having a radius of 500.00 feet; thence North -
- easterly 247.13 feet along said curve through an angle
of 28° 19' 08 "; thence North 43° 10' 14" West 15.00 feet
along a radial to said curve to a point on a non - tangent
curve concave Northwesterly having a radius of 485. -00
feet and concentric with last mentioned curve; thence
non- tangent North 46° 29' 29" West 264.59 feet; thence
South 43° 30' 31" West 184.51 feet to a point on ..a
non - tangent curve concave Southwesterly- having a radius
of 630.50 feet and being concentric with.the above
described curve having a radius of 580.00 feet; a radial
to said goint bears North -560 30' 31" East; thence
South 56 30' 31" West 50.50 feet along said radial to
the True Point of Beginning.
1. Reserving to Grantor, its successors and assigns;
(a) All oil, gas, petroleum and other hydrocarbon
(substances in and under the option property, together with all
necessary and convenient rights to explore for, develop ,produce--- -
and extract and take the same, subject to the express limitation tha
any and all operations for the exploration, development; production,
extraction and taking of any of said substances shall be carried
on at levels below the depth of five hundred -(500) feet from the
Exhibit A - Page 1
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8
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16
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23
241
25
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BUY&S COPY
surface of said land by means of wells, derrick and /or other
.equipment from surface locations on adjoining or neighboring land,
and subject.further to tEe express limitation that the foregoing
reservation shall in no way be interpreted to include any right
.of entry in and upon the surface of the land hereinabove described. _
It is.understood by the parties that the above stated reservation
is expressly subject to all restrictions and regulations concern-
ing the drilling for and production of oil, gas, petroleum and
other hydrocarbon substances, which are contained in the City
Charter or the municipal ordinances of the City of Newport Beach.
(b) An easement for private road purposes over the
southeasterly 15.00 feet of Subject Property and granting to
Grantee, its successors and assigns the non - exclusive right to use
such easement for the purpose of ingress and egress to and from
Subject Property.
2. SUBJECT TO covenants, conditions and restrictions,
as follows:
1970;
(a) Real Property taxes for the fiscal year 1969-
(b) Covenants, conditions, restrictions and public
utility easements of record as of the date of said deed;
(c) The southwesterly.50.50 feet of Subject Pro-
perty shall be used only for public street and highway purposes.
(d) If at any time within twenty -five (25) years
from the date of the deed, Grantee shall propose to voluntarily
sell or lease all or any portion of the Subject Property, Grantor
shall have the option to purchase the property to be sold or leased,
prorated on an
acreage
basis.
in the event
of a sale or
lease
of
only a portion
of the
Subject
Property.
Grantee shall
give
written notice of its intent to sell or lease, specifically
describing the parcel or parcels to be sold or leased, and Grantor
shall have thirty (30) days in which to notify Grantee in writing
Exhibit A - Page 2
9
2
3
4
5
6
7
8
F
10
11
12
13
14
15
16
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21.
22
23
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25
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27
28
29
30
31
32
WAVS-COPY
cif it wishes to..exercise its option. All notices provided for
herein shall be deemed to have been duly given if and when deposited
in the United States mail, properly stamped and addressed to the
party for whom intended at the party's above listed address, or
when delivered personally to such party. The price at which the
property or any portion thereof may be.repurchased by Grantor
pursuant to said option shall be the fair market value at the time
of the proposed sale, to be determined as follows: In the event
that the parties are unable to agree on-the fair market value of
the property to be repurchased by Grantor, within thirty (30) days
following notice of Grantor's intention to exercise its option to
(repurchase, each party shall appoint an appraiser and shall give
Ithe other party written notice of such appointment. If the
respective appraisers are unable to agree on the purchase price of
the property, the two appraisers shall appoint a third appraiser
whose decision as to the fair market value of the property shall
be final and binding on both parties. If the two appraisers are
unable to agree on the appointment of a third appraiser within
ten (10) days after the appointment of the second appraiser, either
party may request the Presiding Judge of the Orange County Superior
Court to appoint a third appraiser. Each party shall pay the fees
of the appraiser appointed by it or on its behalf, and the fees of
the third appraiser shall be divided equally between the parties.
(e) Grantor, its successors and assigns, for a period
of twenty -five (25) years from the date of the deed shall have the
right to approve the exterior design of all improvements to be
constructed upon the premises. Grantee shall supply to Grantor
for its approval two complete sets of construction plans and
specifications for the exterior of said improvements and adjoining
areas to be landscaped, prepared by a licensed architect or
licensed engineer, including but not limited to grading and
drainage plans and soils report, a plot plan sil...�ng the proposed
Exhibit A - Page 3.
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3
4
51
61
71
81
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11 4
121
13
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23
2411
25
26
271
28(
29
30
31
32
Copy
location of said improvements, all utilities and service connec-
tions and all places of ingress and egress to public streets and
roads and plans for outdoor signs and lighting. Grantor shall
approve said plans within thirty (30) days from the receipt thereof
by returning one set of plans to Grantee with its approval indicated
thereon, or shall notify Grantor within thirty (30) days from receip
of said plans of the reasons for its disapproval. However, Grantor
shall not unreasonably withhold its consent. Upon completion of
said improvements and within one hundred eighty (180) days from the
final inspection by the local municipality, all landscaping proposed
with the approved construction plans must be completed.
During said twenty -five (25) year period no structure
or other improvement, the plans, specifications and proposed locatio
of which have not first received the written approval of Grantor or
which does not comply with such plans, specifications and locations,
shall be constructed and maintained on the land. No material
addition to or alteration of any building or structure erected on th
premises shall be commenced unless and until ,plans and specification
covering the exterior of the proposed addition or alteration shall
have been first submitted to and approved by Grantor in the manner
above provided. The approval of Grantor of any plans and specifica-
tions refers only to the conformity of such plans and specifications
to the general architectural plan for the premises and the neighbor -
ing lands; such approval of plans and specifications assumes no
liability or responsibility therefor or for any defect in any struc-
ture constructed from such plans and specifications.
(f) Grantee.agrees that it will reserve certain areas
on the Subject Property to be devoted to such uses and in such
manner as hereinafter in this paragraph set forth and on which no
structures will be built, and further that such reservation shall be
binding upon Grantee's successors in interest.
shall be as follows:
Exhibit A - Page 4
Said areas and uses
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61
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21.
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32
0
(1) For the full length of the northeasterly
side of Subject Property an area of fifteen feet (15') in width
shall be devoted to landscaping and sidewalks;
(2) For the full length of the southeasterly
side of Subject Property beginning at the edge of the easement
for private roadway purposes reserved in l(b) above and extending
inward toward the center of Subject Property an area of eighteen
feet (18'), in width shall be devoted to landscaping and sidewalks;
and
(3) For the full length of the southwesterly
side of Subject Property adjacent to Santa Barbara Drive an area of
twenty feet (20') in width shall be devoted to landscaping only.
. It is mutually agreed that access to the site
may be taken across the above reserved areas.
,s COO
0111E9
Exhibit A - Page 5
i. EXHIBIT "B" •
20 /69�UICE'S �UNy
Revised 9/2/69
NEWPORT CENTER FIRE STATION
That portion of Block 55 of Irvine's Subdivision, in the
City of Newport.Beach, County of Orange, State of California,
as per map filed in Book 1, page 88 of Miscellaneous Record
Maps in the office of the County Recorder of said County, de-
scribed as follows:
Commencing at the Northeasterly terminus of that
certain center line course of Jamboree Road described
as "North 420 35' 31" East, 860.76 feet" in Parcel A
in a deed to the City of Newport Beach recorded June
17, 1966 in Book 7964, page 631 of Official Records
of said County; thence South 430 30' 31" West 535.20
feet along said center line; thence leaving said center
line South 460 29' 29" East 194.10 feet to the beginning
of a curve concave Southwesterly having a radius of
580.00 feet; thence Southeasterly 131.60 feet along
said curve through an angle at 13° 00' 00" to the True
Point of Beginning; thence continuing Southeasterly
188.69 feet along said curve through an angle of
180 38' 23 "; thence non - tangent North 750 08' 54" East
83.23 feet to the beginning of a curve concave North-
westerly having a radius of 500.00 feet; thence North -
easterly 247.13 along said curve through an angle of
28° 19' 08 "; thence North 430 1,0' 14" West 15.00 feet
along a radial to said curve to a point on a non - tangent
curve concave Northwesterly having a radius of 485.00
feet and concentric with last mentioned curve; thence
non - tangent North 460 291 29" West 264.59 feet; thence
South 430 30' 31" West 184.51 feet to a point on a
non - tangent curve concave Southwesterly having a radius
of 630.50 feet and being concentric with the above
described curve having a radius of 580.00 feet; a radial
to said point bears North 560 30' 31" East; thence
South 560 30' 31" West 50.50 feet along said radial to
the True Point of Beginning.
RESERVING UNTO GRANTOR, its successors and assigns an
easement for road purposes over the Southwesterly 50.50
feet and the Southeasterly 15.00 feet.
�s OCR
f
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and Date: July 13, 1970
Members of the City Council
From: City Attorney
Subject: Agreement for purchase of a fire station
site in Newport Center
Transmitted herewith is the agreement between the City and The
Irvine Company for the purchase of the fire station site in the
Newport Center, Attached as exhibits to the agreement are the
proposed grant deed conveying the property to the City, and the
escrow instructions. The key provisions of,the agreement and deed
are as follows:
The agreement provides:
1. The purchase price of the subject property is $146,400, which
figure is based upon an appraisal prepared by Cedric White,
M.A.I., the appraiser employed by the City;
2. The Irvine Company agrees to construct the improvements listed
on page 3 of the agreement, which include the grading of the
property, construction of on -site utility lines, and
construction of certain street improvements;
3. The City agrees to deed a public street easement over the
southwesterly 50.50 feet of the subject property [Item (a),
page.21 and to allow the seller to retain an easement for
private road purposes over the southeasterly 15 feet of the
subject property with a non - exclusive right to use said
private road reserved to the City [Item (b), page 2].
The deed contains the following reservations and covenants,
conditions and restrictions:
1. The Irvine Company reserves the mineral rights subject to
all City restrictions and regulations concerning production
of oil, gas, etc. [Item (a), Exhibit A, page 1];
2. Provision is made that The Irvine Company shall have the
right of first refusal to re- purchase the property or any
{
Re: Fire Station site -2-
1 I1
L J
July 13, 1970
portion thereof at its fair market value in the event the
City should decide to sell or lease any portion of the
subject property at any time within 25 pars from the date
of the deed [Item (d), Exhibit A, page 2];
3. For a period of 25 years from the date of the deed The
Irvine Company reserves the right to approve the exterior
design of all improvements to be constructed upon the
premises [Item (e), Exhibit A, page 3].
THS:mh
Att.
cc: City Manager
City Clerk
..
CiLLY arSE neyCity A toey
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AGREEMENT FOR PURCHASE AND SALE
UNDER THREAT OF EMINENT DOMAIN
(NEWPORT CENTER FIRE STATION SITE)
THIS AGREEMENT FOR PURCHASE AND SALE made as of this
�!j -rq day of X V A- r , 1970 by and between
the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
"Buyer "), and THE IRVINE COMPANY, a West Virginia corporation
(hereinafter "Seller ");
RECITALS
Seller is the owner of certain real property as described
in Exhibit A (hereinafter "Subject Property "), attached hereto.
Buyer wishes to acquire said property as a site for a fire station
and to this end has adopted a resolution authorizing the exercise
of the power of eminent domain for its acquisition. The parties
hereto mutually desire to provide for the purchase and sale of
said property upon mutually acceptable terms to avoid "the necessity
of an.action in eminent domain.
WITNESSETH:
1. Purchase Price and Escrow
Seller hereby agrees to sell to Buyer, and Buyer
hereby agrees to buy from Seller, that certain parcel of real
property as described in Exhibit A attached hereto. The purchase
price for Subject Property shall be One Hundred Forty -Six Thousand
Four Hundred Dollars ($146,400.00) payable through and in accordanc
2d with escrow instructions to be executed by Seller and Buyer (the
26 "Escrow Instructions" herein) in the form attached hereto as 1
27'; Exhibit B and made a part hereof.
23 2. Title
29` Seller agrees to deliver to Buyer, in accordance with
30 ii Escrow Instructions, title to Subject Property, with the reservations
in favor of Seller and subject to.the conditions contained in the
3211 form of Deed, a copy of which is attached hereto as Exhibit C and
-1-
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AGREEMENT FOR PURCHASE AND SALE
UNDER THREAT OF EMINENT DOMAIN
(NEWPORT CENTER FIRE STATION SITE)
THIS AGREEMENT FOR PURCHASE AND SALE made as of this
�!j -rq day of X V A- r , 1970 by and between
the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter
"Buyer "), and THE IRVINE COMPANY, a West Virginia corporation
(hereinafter "Seller ");
RECITALS
Seller is the owner of certain real property as described
in Exhibit A (hereinafter "Subject Property "), attached hereto.
Buyer wishes to acquire said property as a site for a fire station
and to this end has adopted a resolution authorizing the exercise
of the power of eminent domain for its acquisition. The parties
hereto mutually desire to provide for the purchase and sale of
said property upon mutually acceptable terms to avoid "the necessity
of an.action in eminent domain.
WITNESSETH:
1. Purchase Price and Escrow
Seller hereby agrees to sell to Buyer, and Buyer
hereby agrees to buy from Seller, that certain parcel of real
property as described in Exhibit A attached hereto. The purchase
price for Subject Property shall be One Hundred Forty -Six Thousand
Four Hundred Dollars ($146,400.00) payable through and in accordanc
2d with escrow instructions to be executed by Seller and Buyer (the
26 "Escrow Instructions" herein) in the form attached hereto as 1
27'; Exhibit B and made a part hereof.
23 2. Title
29` Seller agrees to deliver to Buyer, in accordance with
30 ii Escrow Instructions, title to Subject Property, with the reservations
in favor of Seller and subject to.the conditions contained in the
3211 form of Deed, a copy of which is attached hereto as Exhibit C and
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3
4
5
6
7
8
9
10
11
12
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made a part hereof. The legal description to be inserted in said
Deed shall be taken from a parcel map to be prepared as hereinafter
provided. Seller shall provide and pay for a policy of title
insurance.
3. Parcel Map
Upon full execution of this Agreement by the parties
ihereto, Seller shall prepare, subject to the approval of Buyer, a
parcel map delineating the property to be conveyed and cause said
parcel map to be recorded. Seller and Buyer shall share equally
j the cost of said parcel map.
4. Proration as to Taxes
Taxes on the Subject Property shall be prorated as of
the date of conveyance. Buyer shall take all necessary action
1<<; pursuant to the Revenue and Taxation Code to cause the Subject
15 Property to be removed from the property tax rolls. Buyer hereby
�I
13 agrees to indemnify and hold Seller harmless from any and all real
17 property taxes or assessments which may be assessed against the
io Subject Porperty after the date of conveyance.
5. Rights of Access
20;'. It is mutually agreed that the following provisions
21'� for access shall be made. These provisions shall be binding on the
i
22;1 successors.and assigns of both Buyer and Seller:
23 (a) Buyer agrees to forthwith proceed to dedicate
2<
25
26
27
a public easement for street and highway purposes over the south-
westerly 50.50 feet of Subject Property.
(b) Seller shall retain an easement for private
road purposes over the southeasterly 15.00 feet of Subject Property
28;! which Buyer shall have a non - exclusive right to use for the pur-
291! pose of ingress and egress to and from Subject Property.
301 6. Construction by Seller
31i1 (a) After execution of this Agreement, and within
32l sixty (60) days after receiving a written request from Buyer,
it
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6
7
8
9
10
Ova
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Seller agrees to commence and diligently pursue to completion the
following improvements:
(1) Grade and contour the property in accordance
with grading plan depicted on the document attached hereto as
Exhibit D and made a part hereof;
(2) Construct the northeasterly one -half of
Santa Barbara Drive, extending from Jamboree Road to the southerly
corner of Subject Property, as depicted on Exhibit E attached hereto
and made a part hereof, including a 38 -foot wide paved travelway,
concrete curb, gutter, street lighting, sidewalk, and median opening
in Jamboree Road;
12'1
I (3) Install complete and usable water, sewer,
!
1311 electricity and gas lines in Santa Barbara Drive and stub out to
14 'I the property line;
15 II (b) Seller will construct the proposed private drive
16lshown on Exhibit E running along the southeasterly side of Subject
171'Property and intersecting with Santa Barbara Drive at the southern
�I
18!lcorner of Subject Property. Buyer agrees that if it uses said
19'1private drive to gain access to Subject Property, it shall pay to
2a'Seller its prorata share of the cost of maintenance of said private
21:1 drive.
22i; (c) Seller agrees to pay for any charges imposed by
251the Southern California Edison Company pursuant to the Underground
21< 12KV Background System, Agreement, and to pay the City's Water
2o';Capital Improvement charge.
r
7. Dedication of Private Drive
27i1 If, at any time, Seller proposes to dedicate to
2s J
u�! ;public street use an area including said proposed private drive,
2�!Buyer agrees to dedicate to public street use concurrently with such
30 :dedication by Seller so much of the southeasterly side of subject
3iliproperty as is reserved for landscaping and sidewalks in paragraph
S2 1 2 (f) (2) of Exhibit A attached to Exhibit C.
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8
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10
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Seller agrees to commence and diligently pursue to completion the
following improvements:
(1) Grade and contour the property in accordance
with grading plan depicted on the document attached hereto as
Exhibit D and made a part hereof;
(2) Construct the northeasterly one -half of
Santa Barbara Drive, extending from Jamboree Road to the southerly
corner of Subject Property, as depicted on Exhibit E attached hereto
and made a part hereof, including a 38 -foot wide paved travelway,
concrete curb, gutter, street lighting, sidewalk, and median opening
in Jamboree Road;
12'1
I (3) Install complete and usable water, sewer,
!
1311 electricity and gas lines in Santa Barbara Drive and stub out to
14 'I the property line;
15 II (b) Seller will construct the proposed private drive
16lshown on Exhibit E running along the southeasterly side of Subject
171'Property and intersecting with Santa Barbara Drive at the southern
�I
18!lcorner of Subject Property. Buyer agrees that if it uses said
19'1private drive to gain access to Subject Property, it shall pay to
2a'Seller its prorata share of the cost of maintenance of said private
21:1 drive.
22i; (c) Seller agrees to pay for any charges imposed by
251the Southern California Edison Company pursuant to the Underground
21< 12KV Background System, Agreement, and to pay the City's Water
2o';Capital Improvement charge.
r
7. Dedication of Private Drive
27i1 If, at any time, Seller proposes to dedicate to
2s J
u�! ;public street use an area including said proposed private drive,
2�!Buyer agrees to dedicate to public street use concurrently with such
30 :dedication by Seller so much of the southeasterly side of subject
3iliproperty as is reserved for landscaping and sidewalks in paragraph
S2 1 2 (f) (2) of Exhibit A attached to Exhibit C.
ij
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date first above written.
APPROVED AS TO FORM.:
CITY OF NEWPORT BEACH
ayor
ATTEST:
City Attorney City Cler
BUYER
THE IRVINE COMP
�J
Title:0 ME LRESIDENt
By
Title: ASSISTANT SECRETARY
�`�y\NE CC . SELLER
w — *C \
1?
SEAL
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HEC /sm
8/20/69
Revised 9/2/69
Revised 9/8/69
NEWPORT CENTER FIRE STATION
That portion of Block 55 of Irvine's Subdivision, in the
City of Newport Beach, County of Orange, State of California,
as per map filed in Book 1, page 88 of Miscellaneous Record
Maps in the office of the County Recorder of said County, de-
scribed as follows:
Commencing at the Northeasterly terminus of that
certain center line course of Jamboree Road.described
as "North 420 35' 31" East, 860.76 feet" in Parcel A
in a deed to the City of Newport Beach recorded June
17, 1966 in Book 7964, page 631 of Official Records
of said County; thence South 430 30' 31" West 535.20
feet along said center line; thence leaving said center
line South 460 29' 29" East 194.10 feet to the beginning
of a curve concave Southwesterly having a radius of
580.00 feet; thence Southeasterly 131.60 feet along
said curve through an angle at 130 00' 00" to the True
Point of Beginning; thence continuing Southeasterly
188.69 feet along said curve through an angle of
180 38' 23 "; thence non - tangent North 750 08' 54" East
83.23 feet to the beginning of a curve concave North-
westerly having a radius of 500.00 feet; thence North-
easterly 247.13 along said curve through an angle of
280 19' 08 "; thence North 430 10' 14" West 15.00 feet
along a radial to said curve to a point on a non- tangent
curve concave Northwesterly having a radius of 485.00
feet and concentric with last mentioned curve; thence
non - tangent North 460 29' 29" West 264.59 feet; thence
South 430 30' 31" West 184.51 feet to a point on a
non - tangent curve concave Southwesterly having a radius
of 630.50 feet and being concentric with the above
described curve having a radius of 580.00 feet; a radial
to said_p oint bears North 560 30' 31" East; thence
South 560 30' 31" West 50.50 feet along said radial to
the True Point of Beginning.
RESERVING UNTO GRANTOR, its successors and assigns an
easement for road purposes over the Southwesterly 50.50
feet and the Southeasterly 15.00 feet.
EXHIBIT "A"
• .. Escrow Number
ESCROW ,INSTRUCTIONS. », ODa` TR
OLL R AND BUYER May 26, 1970
SANTIAGO
ESCROW
500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111. COMPANY
SELLER THE IRVINE COMPANY BUYER CITY OF NEWPORT B .ACH
Escrow Agent is hereby instructed that for a total consideration of $ 146 400.00 and on or before
the closing date of June 30. 1970
1. SELLER will hand you DeedAnkiroxmWksasemconveying title to the subject property of this escrow in favor
of vestee named herein, and all other documents and monies required of seller to enable you to comply with
these instructions; and
2. BUYER will hand you $ 146,400.00 cash through escrow and $ NnnP loan(s)
being obtained by buyer; the balance, if any, of $ NonP has been paid to seller outside of escrow;
and all other documents and monies required of buyer to enable you to comply with these instructions;
which you are authorized to use, record, and /or deliver when you hold for the account of
3. SELLER: The sum of $ 146940n -nn I cash (including $ None acknowledged as paid
outside of escrow), together with those other amounts credited to seller according to these instructions,
and less those amounts chargeable to seller according to these instructions, and the documents, if any,
deliverable to seller according to the instructions below; and for
4. BUYER: The documents and /or monies credited to buyer according to the instructions below; and
provided instruments have been filed for record entitling you to procure an Oumerl0 policy of title
insurance with a liability in the amount of the total consideration shown above on real. property in the County
of 02AHrm State of California, described as:
SEE ATTACHED LEGAL DESCRIPTION AS EXHIBIT "B ".
and showing Far? title vested in the following VESTEE: THE CITY ,OF NEWPORT BEACH,
A MUNICIPAL CORPORATION.
SUBJECT ONLY TO:.
All general and special taxes for the fiscal year 19_I0 -19 71_, a lien not yet payable.
Covenants,' conditions, reservations, restrictions, rights,' rights of way and easements now of record, if any.
ADDITIONAL RESERVATIONS, COVENANTS AND CONDITIONS AS SHOWN ON THE CORPORATION GRANT
DEED ATTACHED AS EXHIBIT "A ".
$ 161 - 1 5 in Documentary tax is the proper
amount to be affixed to seller's deed and charged
to seller's account.
MAIL DEED to: CITY OF NEWPORT BEACH
3300 Newport Blvd. Newport Beach, California
MAIL TAX STATEMENT to:
same as above
CONSIDERATION MEMO
Paid outside of escrow $
Cash through escrow $ 146.400.00
Encumbrance of Record $ —0—
New Encumbrance $ —0—
TOTAL CONSIDERATION -$ 146.400.00
Each party signing these instructions has read the additional escrow conditions and instructions on the reverse
side hereof and approves, accepts and agrees to be bound thereby as though the reverse side hereof appeared
over their signatures. The undersigned seller and buyer acknowledge receipt of a copy of these instructions.
SELLER'S SIGNATURE, Address & Telephone BUYER'S SIGNATURE, Address & Telephone
By. By.
550 Newport Center Drive, Newport.Beach 3300 Newport Blvd. Newport Beach, Calif..
California 92660 92660
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E59iZO* INSTRUCTIONS
SUPPLEMENTAL PAGE
THE IRVINE COMPANY TO CITY OF NEWPORT BEACH, CALIFORNIA
500 Newport Center Dr., Suite 455, Newport Beach, Calif. 92660 (714) 644 -5111
Escrow Number
001 TR
Date
May 26, 1970
SANTIAGO
ESCROW
COMPANY
The sale of this property is contingent upon the following:
(a) The buyer's herein approving the preliminary title report, in writing.
Santiago Escrow Company will mail preliminary title report to the City,
of Newport Beach and failure to approve or disapprove said report within
seven (7) days.from the date of receipt, in writing, shall be presumed
approval thereof.
Taxes are to be adjusted and pro -rated to the close of escrow. Tax prorations will
be based on the taxes for the fiscal year 1969 -70.
It is understood that SANTIAGO ESCROW COMPANY is a subsidiary of The IRVINE COMPANY.
BUYERS herein agree to place into this escrow a resolution of acceptance of the
document of conveyance, in recordable form, that will meet County Recorder's
requirements for consent of the Grantee, and authorizes you to record same through
your escrow.
The foregoing terms, conditions, provisions and instructions have been read and are understood and agreed to
by each of the undersigned.
THE UNDERSIGNED SELLERS AND BUYERS ACKNOWLEDGE RECEIPT OF A COPY OF THESE
INSTRUCTIONS.
SELLER'S SIGNATURE
BUYER'S SIGNATURE
THE IRVINE COMPANY CITY OF NEWPORT BEACH
I
BY:
3 NO. `._
N�mI
S'NN I
Addnu
c;t y ¢- L
S
Nome
I
Addon, rmr
Cry 6
Srota I
AND wM -M PISCOMOED MAIL To
MAR TAX STATEMENTS TO
911 /�//�
J
7
L
A � �w
SPACE ABOVE THIS LINE FOR RECORDER'S USE
�'y�7D
D.T.T. $
Corporation Grani deed
TO 406 CA (7-68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
-•1
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE IRVINE COMPANY
a corporation organized under the laws of the state of West Virginia
hereby GRANTS to
CITY OF NEWPORT BEACH, a Municipal corporation,
the following described real property in the City of Newport Beach
County of State of California:
fSee Exhibit "A" attached]
i
(
(
i
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru.
ment to be executed by its president and Secretary
thereunto duly authorized.
Dated:
STATE. OF CALIFORNIA
} SS.
COUNTY OF On before me, the under-
signed, a Notary Public in and for said State. personally appeared
known
to me to be the President, and
known to me to be
Secretary of the Corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instnnnent on behalf of the Corporation therein named, and
acknowledged to me that such Corporation executed the within Instru
ment pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
President
By
Secretary
(Thin am for otavlal naterlal moll
m:•I^ n• "� .. Fs,row or Loan Nn._...__._....
EXHIBIT "C"
r
7'
81
9
10
11
12
13
14
15
16
17
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20
0 1 0
NEWPORT CENTER FIRE STATION
That portion of Block 55 of Irvine's Subdivision, in the
City of Newport Beach, County of Orange, State of California, as
per map filed in Book 1, page 88 of Miscellaneous Record Maps in
the office of the County Recorder of said County, described as
(follows:
21"
2
�H:
�i
20
24
25
26
Commencing at the Northeasterly terminus of that
certain center line course of Jamboree Road described
as "North 42° 35' 31" East, 860.76 feet" in Parcel A
in a deed to the City of Newport Beach recorded June
17, 1966 in Book 7964, page 631 of Official Records
of said County; thence South 43° 30' 31" West 535.20
feet along said centerline; thence leaving said center
line South 46° 29' 29" East 194.10 feet to the beginning
of a curve concave Southwesterly having a radius of
580.00 feet; thence Southeasterly 131.60 feet along
said curve through an angle at 13° 00' 00" to the True
Point of Beginning; thence continuing Southeasterly
188.69 feet along said curve through an angle of
180 38' 23 "; thence non - tangent North 75° 08' 54" East
83.23 feet to the beginning of a curve concave North-
westerly having a radius of 500.00 feet; thence North-
easterly 247.13 feet along said curve through an angle
of 28° 19' 08 "; thence North 430 10' 14" West 15.00 feet
along a radial to said curve to a point.:on a non - tangent
curve concave Northwesterly having a radius of 485.00-
feet and concentrie mith last mentioned curve; thence
non - tangent North 46° 29' 29" West - 264.59 feet; thence
South 43° 30' 31" West 184.51 feet to a point on a
non - tangent curve concave Southwesterly having a radius
of 630.50 feet and being.concentric with the above _.
described curve having a radius of 580.00 feet; a radial
to said goint bears North 56° 30' 31" East;-thence
South 56 30' 31" West 50.50 feet along said radial to
the True Point of Beginning.
1. Reserving to Grantor, its successors and assigns: -
(a) All oil, gas, petroleum and other hydrocarbon
279substances in and under the option property, together with all
28 :!necessary and convenient rights to explore for, develop,
29
30
31
32
produce-
land extract and take the same, subject to the express limitation the
i
iany and all operations for the exploration, development, production,
extraction and taking of any of said substances shall be carried
!on at levels below the depth of five hundred (500) feet from the
Exhibit A - Page 1
91
10
11
121
1311
14
15
16
17
18
19!
201
21',
22
23
24
25
26
27
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29
30
0 •
surface of said land by means of wells, derrick and /or other
equipment from surface locations on adjoining or neighboring land,
and subject further to the express limitation that the foregoing
reservation shall in no way be interpreted to include any right
.of entry in.and upon the surface of the land hereinabove described..
It is understood by the parties that the above stated reservation
is expressly subject to all restrictions and regulations concern-
ing the drilling for and production of oil, gas, petroleum and
other hydrocarbon substances, which are contained in the City
Charter or the municipal ordinances of the City of Newport Beach.
(b) An easement for private road purposes over the
southeasterly 15.00 feet of Subject Property and granting to
Grantee, its successors and assigns the non - exclusive right to use
such easement for the purpose of ingress and egress to and from
Subject Property,
2. SUBJECT TO covenants, conditions and restrictions,
as follows:
1970;
(a) Real Property taxes for the fiscal year 1969-
(b) Covenants, conditions, restrictions and public
utility easements of record as of the date of said deed;
(c) The southwesterly 50.50 feet of Subject Pro-
perty shall be used only for public street and highway purposes.
(d) If at any time within twenty -five (25) years
from the date of the deed, Grantee shall propose to voluntarily
sell or lease all or any portion of the Subject Property, Grantor
shall have the option to purchase the property to be sold or leased,
prorated on an acreage basis in the event of a sale or lease of
only a portion of the Subject Property. Grantee shall give Grantor
written notice of ,its intent to sell or lease, specifically
311describing the parcel or parcels to be sold or leased, and Grantor
%32 shall have thirty (30) days in which to notify Grantee in writing
Exhibit A - Page 2
d
I
2
3
41 1
91
10
11
121
1311
14
15
16
17
18
19!
201
21',
22
23
24
25
26
27
28
29
30
0 •
surface of said land by means of wells, derrick and /or other
equipment from surface locations on adjoining or neighboring land,
and subject further to the express limitation that the foregoing
reservation shall in no way be interpreted to include any right
.of entry in.and upon the surface of the land hereinabove described..
It is understood by the parties that the above stated reservation
is expressly subject to all restrictions and regulations concern-
ing the drilling for and production of oil, gas, petroleum and
other hydrocarbon substances, which are contained in the City
Charter or the municipal ordinances of the City of Newport Beach.
(b) An easement for private road purposes over the
southeasterly 15.00 feet of Subject Property and granting to
Grantee, its successors and assigns the non - exclusive right to use
such easement for the purpose of ingress and egress to and from
Subject Property,
2. SUBJECT TO covenants, conditions and restrictions,
as follows:
1970;
(a) Real Property taxes for the fiscal year 1969-
(b) Covenants, conditions, restrictions and public
utility easements of record as of the date of said deed;
(c) The southwesterly 50.50 feet of Subject Pro-
perty shall be used only for public street and highway purposes.
(d) If at any time within twenty -five (25) years
from the date of the deed, Grantee shall propose to voluntarily
sell or lease all or any portion of the Subject Property, Grantor
shall have the option to purchase the property to be sold or leased,
prorated on an acreage basis in the event of a sale or lease of
only a portion of the Subject Property. Grantee shall give Grantor
written notice of ,its intent to sell or lease, specifically
311describing the parcel or parcels to be sold or leased, and Grantor
%32 shall have thirty (30) days in which to notify Grantee in writing
Exhibit A - Page 2
d
III � •
1 if it wishes to exercise its option. All notices provided for
2 herein shall be deemed to have been duly given if and when deposited
3� in the United States mail., properly stamped and addressed to the
!
4' party for whom intended at the party's above listed address, or
.5 ',when delivered personally to such party. The price at which the l
I
6llproperty or any portion thereof may be repurchased by Grantor
7;pursuant to said option shall be the fair market value at the time
8 of the proposed sale, to be determined as follows: In the event .
9l that the parties are unable to agree on the fair market value of
10 the property to be repurchased by Grantor, within thirty (30) days
11 following notice of Grantor's intention to exercise its option to
12i� repurchase, each party shall appoint an appraiser and shall give
13 the other party written notice of such appointment. If.the
14�I
Irespective appraisers are unable to agree on the purchase price of
151the property, the two appraisers shall appoint a third appraiser
16dIwhose decision as to the fair market value of the property shall
171Ibe final and binding on both parties. If the two appraisers are
18llunable to agree on the appointment of a third appraiser within
1911ten (10) days after the appointment of the second appraiser, either
20!lparty may request the Presiding Judge of the Orange County Superior
i
211!!Court to appoint a third appraiser. Each party shall pay the fees
iof the appraiser appointed by it or on its behalf, and the fees of
r
23ithe third appraiser shall be divided equally between the parties.
24 (e). Grantor, its successors and assigns, for a period
25(lof twenty -five (25) years from the date of the deed shall have the
,i .
26ljright to approve the exterior design of all improvements to be
27jjconstructed upon the premises. Grantee shall supply to Grantor
281for its approval two complete sets of construction plans and
29�ispecifications for the exterior of said improvements and adjoining
30Ilareas to be landscaped, prepared by a licensed architect or
J1ilicensed engineer, including but not limited to grading and
32 drainage plans and soils report, a plot plan showing the proposed
;I
Exhibit A - Page 3
4
21
1
31
4
51
6i
7''
8i
i
9'
10
11
12,
13
14
15'
16
17
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19
20
21
22
23
24
25
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27
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29
30
31
S2
location of said improvements, all utilities and service connec-
tions and all places of ingress and egress to public streets and
roads and plans for outdoor signs and lighting. Grantor shall
approve said plans within thirty (30) days from the receipt thereof
by returning one set of plans to Grantee with its approval indicated
thereon, or shall notify Grantor within thirty (30) days from receipi
of said plans of the reasons for its disapproval. However, Grantor
shall not unreasonably withhold its consent. Upon completion of
said improvements and within one hundred eighty (180) days from the
final inspection by the local municipality, all landscaping proposed
with the approved construction plans must be completed.
During said twenty -five (25) year period no structure
or other improvement, the plans, specifications and proposed locatic
of which have not first received the written approval of Grantor or
which does not comply with such plans, specifications and locations,
shall be constructed and maintained on the land. No material
addition to or alteration of any building or structure erected on th
premises shall be commenced unless and until plans and specification
covering the exterior of the proposed addition or alteration shall
have been first submitted to and approved by Grantor in the manner
above provided. The approval of Grantor of any plans and specifica-
tions refers only to the conformity of such plans and specifications
to the general architectural plan for the premises and the neighbor -
jing lands; such approval of plans and specifications assumes no
liability or responsibility therefor or for any defect in any struc-
Iture constructed. from such plans and specifications.
(f) Grantee agrees that it will reserve certain areas
Ion the Subject Property to be devoted to such uses and in such
manner as hereinafter in this paragraph set forth and on which no
structures will be built, and further that such reservation shall be
binding upon Grantee's successors in interest. Said areas and uses
!shall be as follows:
Exhibit A - Page 4
• ti
1
2
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30
31
321
(1) For the full length of the northeasterly
side of Subject Property an area of fifteen feet (15') in width
shall be devoted to landscaping and sidewalks;
(2) For the full length of the southeasterly
side of Subject Property beginning at the edge of the easement
for private roadway purposes reserved in 1(b) above and extending
inward toward the center of Subject Property an area of eighteen
feet (18') in width shall be devoted to landscaping and sidewalks;
and
(3) For the full length of the southwesterly
side of Subject Property adjacent to Santa Barbara Drive an area of
twenty feet (20') in width shall be devoted to landscaping only.
It is mutually agreed that access to the site
may be taken across the above reserved areas.
Exhibit A - Page 5
xEC /sm
Revised 9/2/69
• EMBIT "B"
NEWPORT CENTER FIRE STATION
r
That portion of Block 55 of Irvine ts Subdivision, in the
City of Newport.Beach, County of Orange, State of California,
as per map filed in Book 1, page 88 of Miscellaneous Record
Maps in the office of the .County Recorder of said County, de-
scribed as follows:
Commencing at the Northeasterly terminus of that
certain center line course of Jamboree Road described
as "North 420 35t 31" East, 860.76 feet" in Parcel A
in a deed to the City of Newport Beach recorded June
17, 1966 in Book 7964, page 631 of Official Records
of said County; thence South 430 301 31" West 535.20
feet along said center line; thence leaving said center
line South 460 291 29" East 194.10 feet to the beginning
of a curve concave Southwesterly having a radius of
580.00 feet; thence Southeasterly 131.60 feet along
said curve through an angle at 13° 00' 00" to the True
Point of Beginning; thence continuing Southeasterly
188.69 feet along said curve through an angle of
180 381 23 "; thence non - tangent North 750 08' 54" East
83.23 feet to the beginning of a curve concave North-
westerly having a radius of 500-00 feet; thence North-
easterly 247.13 along said curve through an angle of
280 19' 08 ".' thence North 43° 1.0' 14" West 15.00 feet
along a radial to said curve to a point on a non - tangent
curve concave Northwesterly having a radius of 485.00
feet and concentric with last mentioned curve; thence
non- tangent North 460 29t 29" West 264.59 feet; thence
South 430 30T 31" West 184.51 feet to a point on a
non - tangent curve concave Southwesterly having a radius
of 630.50 feet and being concentric with the above
described curve having a radius of 580.00 feet; a radial
to said point bears North 560 30T 31" East; thence
South 560 30' 31" West 50.50 feet along said radial to
the True Point of Beginning.
RESERVING UNTO GRANTOR, its successors and assigns an
easement for road purposes over the Southwesterly 50.50
feet and the Southeasterly 15.00 feet.