Loading...
HomeMy WebLinkAboutC-2821 - Santa Ana River Mainstream Flood Control• • TO: City Council FROM: Public Works Department i May 29, 1990 CITY COUNCIL AGENDA ITEM NO. F -3(C) THE CITY KAY 261 ,rn] SUBJECT: SANTA ANA RIVER MAINSTEM FLOOD CONTROL PROJECT. RIGHT - OF -ENTRY FOR CONSTRUCTION ON CITY PROPERTY AND APPRAISAL OF CITY OWNED PROPERTY RECOMMENDATIONS: 1. Authorize the City Manager to execute Right -of- Entry Permits to the U.S. Government (Corps of Engineers) for construction on City property. a. Tract 105 (Oxbow Loop). b. Tract 101, 107, 1001 -2 and 111 E (Old Treatment Plant site and access). 2. Authorize the City staff to retain George Hamilton Jones, Inc., appraisal consultants, to appraise Old Treatment Plant site property. 3. Approve Budget Amendment in the amount of $42,500. DISCUSSION: The United States Government, represented by the Los Angeles District of the Corps of Engineers, wishes to acquire a 7.28 acre parcel of City owned land adjacent to the Santa Ana River and the City's interest in an easement for sanitary sewer pipeline and private road purposes. This parcel, known as the "Old Treatment Plant site," and the easement are shown as Tract Nos. 101, 107, 1001 -2 and 111 -E on the attached Corps of Engineers drawing (Exhibit No. 1) . The Government also wishes to acquire the City's interest in a portion of the "Oxbow Loop" (Old Santa Ana River Channel remnant) shown as Tract No. 105 on the attached Corps of Engineers drawing (Exhibit No. 2) Congress appropriated funds in October 1989 to begin construction on the first phases of the Santa Ana River Mainstem Flood Control project. Corps of Engineers scheduling is for the 92 Acre Marsh Restoration project (Exhibit No. 3), which is adjacent to Newport Shores and the Santa Ana River, to begin in October 1990; and the first project to widen the Santa Ana River, from the • • 0 • 0 Subject: Santa Ana River Mainstem Flood Control Project. Right - of -entry for construction on City property and appraisal of City owned property May 29, 1990 Page 2 Pacific Ocean to north of Victoria Avenue, to begin in the Spring of 1991. The right -of -way acquisition phase of work has begun and offers from the Corps of Engineers to purchase the City owned property are as follows: "Old Treatment Plant Site" A. Offer 1. $610,000 for 7.28 acres 2. Condition of Sale a. Land shall be conveyed to the Government free of contaminants within 90 days commencing on the date the offer is signed. b. The land shall be certified as clean to the satisfaction of the Government. C. Action levels of clean -up shall be in accordance with guidance found in Titles 14, 22 and 23 of the California Administrative Code, California Public Resources Code Section 3000, the National Oil and Hazardous Substances Pollution Contingency Plan 40 CFR 300, and the Luft Manual. B. Discussion City staff and Corps of Engineers staff have met to discuss the offer and the extent of clean -up required. The site has been tested by GSI Environmental, Inc.; and MITRC, U.S. Army Corps of Engineers contractors, and has been found to be contaminated. The contaminants identified include but are not limited to soil containing oil, concrete blocks, old pipes, construction debris asphalt, sludge etc. The Corps of Engineers has offered to accomplish the clean -up, however, they would require possession of the property by July 1, 1990, and would then deduct the cost of the clean- up from the sale value of the property. Some of the concrete from the Old Treatment Plant can be incorporated into the islands and channel berms proposed by the Corps. However, City staff is concerned that general clean -up and hauling away of debris by the Corps of Engineers would be more expensive than clean -up efforts accomplished by City forces and /or City hired contractors. • Subject: Santa An of -entry of City May 29, 1990 Page 3 • a River Mainstem for construction owned property Flood Control Project. Right - on City property and appraisal In order to meet the Corps schedule for construction and satisfactorily conclude right -of -way transactions and clean -up on this site, City staff recommends the following: 1. Authorize the City Manager to execute a Right -of -Entry Permit to the U.S. Government (Corps of Engineers) for construction on City property. This right -of -entry will allow the Corps of Engineers to maintain their proposed construction schedule while the City's independent appraisal is being completed and the necessary details for clean -up of the site are being worked out. 2. Authorize City staff to obtain an independent appraisal of the property. A proposal from George Hamilton Jones has been requested and received to appraise the property for a fee not to exceed $12,500. • 3. If acceptable, approve a Budget Amendment of $42,500 which would provide $12,500 for and $30,000 for clean -up work by the City. are required now and would have t unappropriated General Fund surplus. Whe property is completed, the General F reimbursed. Oxbow Loop A. Offer 1. $70,000 for 8.19 acres 2. Condition of Sale in the amount the appraisal These funds o come from n the sale of and will be a. Purchase price to be divided between: 1. Mrs. Mamie Hunt 2. Signal Landmark, Inc. • 3. City of Newport Beach B. Discussion: City staff has notified the Corps of Engineers that a large portion of the property within the "Oxbow Loop" is State owned tidelands held in trust by the City of Newport Beach. The Corps of Engineers has now contacted the State Land Commission and learned that the sale of J • E 0 0 Subject: Santa Ana River Mainstem Flood Control Project. Right - of -entry for construction on City property and appraisal of City owned property May 29, 1990 Page 4 State tidelands does not appear feasible. A meeting with State Lands Commission staff is being scheduled in June to discuss the issues associated with the transfer of rights and /or permission for the Corps of Engineers to enter on the property to construct, operate and maintain the proposed marsh project. Because these issues may become complicated and because the City has supported the Corps efforts to implement the marsh project, City staff recommends that the City Manager be authorized to execute a Right -of -Entry Permit to the U.S. Government (Corps of Engineers) for construction on City administered tidelands. City staff and Corps of Engineers staff will continue to work with the State Lands Commission to satisfactorily resolve the right -of -way issues in the Oxbow Loop. ��// - .1 612, /PZ�74 Benjamin B. Nolan Public Works Director %l^•7 Attachments 41 101 5.80 t ACRES 107 1.48 t ACRES • _ - -- `00E -21 - -- — ACRI fI 1 OXBOW LOOP'. I 400 0 400 Soo 1200 �_= SCALE IN FEET SWhAI4 -*61 vcrxw i race i yr i nc nry j U.S. ARMY ENGINEER DISTRICT. LOS ANG SOUTH PACIFIC DIVISION MARSH RESTORA110N AREA Lower Sonto Ana Rorer Channel Inprover 7RAC M 101 do 107 (FEES) 'TRACTS 102E -2 do 111E (EASEME, 14 MARCH 1990 Y • 1 111E N Tracts 100E -2 and 11 1 E are a continuous easement, 1 ggg j and are that some easement described as Parcel III ACRES in Final Judgment, Case No. 34747, recorded 20 Aug ` 37 as Doc. No. 24769 in Book 910, Pages 1.9- 20 -21, of Official Records, and also include that real property described as Parcel "C' of Exhibit "I" to both that Partial Assignmrnt of Lease dated 30 Mar 83 and re— c -rded 12 Apr 13 as Doc. No. 83- 151674, and that E- jitclaim Deed .sated 30 Mar 83 and recorded '12 Apr 83 as Doc No. 83- 151675, of Official Records. I NOTE: • Tracts 101 & 107 referred to as Parcel 2 ENDS IN WLY R/W OF Tracts 10ll -2 & 111E referred to as PACIFIC ODAS7 HW( �y 400 0 400 Soo 1200 �_= SCALE IN FEET SWhAI4 -*61 vcrxw i race i yr i nc nry j U.S. ARMY ENGINEER DISTRICT. LOS ANG SOUTH PACIFIC DIVISION MARSH RESTORA110N AREA Lower Sonto Ana Rorer Channel Inprover 7RAC M 101 do 107 (FEES) 'TRACTS 102E -2 do 111E (EASEME, 14 MARCH 1990 91 (001) ., OC ---- ------ NVU0 'A V 10 • ZZ7 EqZ rr (e • 0 • Ire It p; 15K r M RESTORATION AREA ARSH I ��F4�n.PAC'F'C COAST �Ml&WA-Y-" LEAST TERN RESERVE AREA HUNTINGTON REACH .. ... ..... > NEWPORT REACH ON PHOTO 1: LOOKING UPSTREAM FROM MOUTH. LEAST TERN NESTING COLONY TO THE LEFT OF TALBERT CHANNEL. 7t Ire It p; 15K r M RESTORATION AREA ARSH I ��F4�n.PAC'F'C COAST �Ml&WA-Y-" LEAST TERN RESERVE AREA HUNTINGTON REACH .. ... ..... > NEWPORT REACH ON PHOTO 1: LOOKING UPSTREAM FROM MOUTH. LEAST TERN NESTING COLONY TO THE LEFT OF TALBERT CHANNEL. ` • � J, f�- 51.5 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR CONSTRUCTION SANTA ANA RIVER MAINSTEM FLOOD CONTROL 101, 107, 100E -2 and I (Project) (Tract Number) The undersigned, hereinafter called the 'Owner,' in consideration of the total compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the 'Government,' for all land or easement rights hereinafter described, to be determined by subsequent agreement between the Owner and the Government, or by ,judicial proceedings, hereby grants to the Government, a right -of -entry upon the following terms and conditions: 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of twelve (12) months from the date of this instrument to perform construction work of any nature. 2. This right -of -entry includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this right -of- entry. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this right - of- entry. 5. If aircraft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, the Government shall inform the Owner, in advance, of such flight or entry. 6. It is understood and agreed that if the Government does not acquire title or other necessary interest in said land prior to the expiration of this right -of- entry, or any renewal thereof, the Government agrees to be responsible for any damage arising from the activity of the Government, its employees and /or contractors on said lands, in the exercise of rights under this right -of- entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shall make an appropriate settlement with the Owner. 0 0 The land affected by this right -of -entry is located in the County of Orange, State of California, and is described in Exhibit 'A', attached hereto and made a part hereof. WITNESS MY HAND AND SEAL this ?G'f day of ? 1990 WITNESS: CITY OF NEWPORT BEACH, a Municipal Corporation Lj-ko�� ?LWYm',�(SEAL) By: r� Fe App oved as to Form: . l n �FC)9 ity Attorney PARCEL 1: (Tracts 101 and 107) ALL THAT PORTION OF LOT "B" OF THE BANNING TRACT, IN A PORTION OF THE RANCHO SANTIAGO DE SANTA ANA IN THE CITY OF NEWPORT BEACH, ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP FILED IN DECREE OF PARTITION CASE NO. 6385 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 FOOT RIGHT OF WAY FOR THE SANTA ANA RIVER CHANNEL AS DESCRIBED IN EASEMENT TO THE NETREERT PROTECTION DISTRICT, RECORDED IN BOOK 197, PAGE 300 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH POINT BEARS NORTH 71' 20' EAST 510.47 FEET FROM THE SOUTHWEST CORNER OF SAID LOT "B" WHICH LAST MENTIONED CORNER IS ALSO STATION 149 OF THE RANCHO SANTIAGO DE SANTA ANA; RUNNING THENCE NORTH 13' 25' EAST ALONG THE EASTERLY LINE OF SAID 300 FOOT RIGHT OF WAY 660.00 FEET; THENCE SOUTH 76' 35' EAST 660.00 FEET; THENCE SOUTH 13' 25' WEST 660.00 FEET; THENCE NORTH 76' 35' WEST 660.00 FEET TO THE POINT OF BEGINNING, CONTAINING TEN (10) ACRES OF LAND, MORE OR LESS. EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF LAND 180 FEET WIDE, DESCRIBED AS PARCELS 03 -121.1 AND 03 -122.1 IN THE FINAL ORDER OF CONDEMNATION RENDERED JANUARY 25, 1962 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE COUNTY FLOOD CONTROL DISTRICT VS. CITY OF NE'Am -ORT BEACH, AND OTHERS: (CASE NO. 77399) A CERTIFIED COPY OF WHICH DECREE WAS RECORDED JANUARY 30, 1962 IN BOOK 5993, PAGE 441 OF OFFICIAL RECORDS, ORANGE COUNTY. PARCEL II: (Tracts 100E -2 and 111E) EASEMENT FOR SANITARY SEWER PIPE LINE AND PRIVATE ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND THIRTY (30) FEET IN WIDTH, IN A PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING FIFTEEN (15) FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: - CONTINUED- E nL11$1T BEGINNING AT A POINT IN A LINE TEN (10) FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF THAT CERTAIN 80 FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED REOCROED JANUARY 18, 1924, IN DEED BOOK 508, PAGE 65, RECORDS OF ORANGE COUNTY, CALIFORNIA, WHICH POINT IS SOUTH 83' 19' 15" EAST 193.00 FEET ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY AND NORTH 0' 15' 15" WEST 10.60 FEET FROM THE END OF A CURVE IN SAID RIGHT OF WAY WHICH IS AT STATION 682 - 99.62 OF SAID HIGHWAY RIGHT OF WAY; RUNNING THENCE NORTH 12' 45' 50" WEST 1350.68 FEET; THENCE NORTH 5' 27' EAST 217.00 FEET TO A POINT WHICH BEARS SOUTH 10' 20' 30" EAST 82.65 FEET FROM CORNER NO. 121 OF RANCHO SANTIAGO DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN RECORD OF SURVEYS IN BOOK 2, PAGE 40, RECORDS OF SAID COUNTY. THENCE NORTH 14' 43' 30" WEST 264.00 FEET; THENCE NORTH 27' 22' WEST 595.00 FEET TO A POINT WHICH IS NORTH 29' 46' 30" WEST 115.17 FEET FROM CORNER NO. 120 OF SAID RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 33' 02' 30" WEST 520.83 FEET; THENCE NORTH 76' 35' WEST 1588.62 FEET TO A POINT WHICH IS SOUTH 76' 35' EAST 160.00 FEET FROM THE EASTERLY LINE OF THAT CERTAIN 300 FOOT RIGHT OF WAY OF THE NEWBERT PROTECTION DISTRICT, AS DESCRIBED IN DEED RECORDED IN BOOK 197, PAGE 300 OF DEEDS, RECORDS OF SAID COUNTY, AND BEARS NORTH 74' 35' 45" EAST 1246.97 FEET FROM THE SOUTHWEST CORNER OF LOT "B" OF THE BANNING TRACT, AS SHOWN ON A MAP FILED IN DECREE OF PARTITION, CASE NO. 6385 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES. TOGETHER WITH THE RIGHT TO MAINTAIN, OPERATE, REPAIR AND REPLACE A PIPE LINE OR PIPE LINES FOR SANITARY SEWER PURPOSES; AND ALSO, THE RIGHT TO CONSTRUCT A PRIVATE ROAD OVER AND ACROSS SAID STRIP OF LAND FOR THE USE OF THE SERVANTS, EMPLOYEES, AND OFFICERS OF THE GRANTEE, AND NOT OTHERWISE, AND TO USE THE SAME FOR THE PASSAGE AND RE- PASSAGE OF VEHICLES FOR THE TRANSPORTATION OF THE SERVANTS, EMPLOYEES AND OFFICERS OF THE GRANTEE AND FOR THE PURPOSE OF MAINTAINING, REPAIRING OR RECONSTRUCTING SAID PIPE LINES. EXCEPTING THEREFROM, ALL OIL, GAS AND SIMILAR HYDROCARBON SUBSTANCES IN OR UNDER ALL OF THE ABOVE DESCRIBED PROPERTIES, TOGETHER WITH THE RIGHT TO DRILL FOR, EXTRACT AND PRODUCE THE SAME, PROVIDED, HOWEVER, THAT THERETO SHALL BE NO RIGHT TO ERECT OR CONSTRUCT ANY DERRICK OR OTHER STRUCTURE WHATSOEVER UPON THE ABOVE DESCRIBED PREMISES, AS RESERVED TO THE TOWNSEND LAND COMPANY, IN THE ACTION ENTITLED "CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION OF THE SIXTH CLASS V. TOWNSEND LAND COMPANY, AND OTHERS, DEFENDANTS ", BEING CASE NO. 34747 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF THE FINAL JUDGMENT HAVING BEEN RECORDED AUGUST 20, 1937 IN BOOR 910, PAGE 19 OF OFFICIAL RECORDS OF ORANGE COUNTY. W� f 101 S.FG t �� ACRES 107 1.48 t .ACRES ACRE . r OXBOW LOOP N Tracts 1 OOE -2 and 11 1 E ore a continuous easement, and are that some easement described as Parcel III in Final Judgment, Case No. 34747, recorded 20 Aug 37 as Doc. No. 24769 in Book 9113, Pages 1.9- 20 -21, of Official Records, and also include that real property described as Parcel "(f -of Exhibit "I" to both that Partial Assignment of Lease dated 30 Mar 83 and re- corded 12 Apr 83 as Doc. No. 83- 151674, and that Quitclaim Deed dated 30 Mar 83 and recorded '12 Apr 83 as Doc No. 83- 151675, of Official Records. NOTE: Tracts 101 & 107 referred to as Parcel I ENDS IN WILY RAV OF Tracts 100E -2 & 111E referred to as PACIFIC C•G.AST HWY Parcel II 400 G 400 Boo 1200 SCALE IN FEET I ii 4 111E 1.596 t ACRES �y 1 U.S. ARRAY ENGINEER DISTRICT, LOS ANrE E3 SOUTH PACIFIC DIMSION MARSH RESTORAITON AREA Lower Santa Ana River Channel Improvemeni TRACES 101 & 107 (FEES) TRACT -S 102E -2 & 111E (EASEMENT`: - �_r -Al -- - � � 1 j ( _ 3 0'54 /. p 130- 81.94 l N t ��, �f•�� �r nVi \ \ \\t� \ \1 - _ N I ".�- • 4 'J, i-��,- " Qo13049'38• ri If \� . ; • \; •�• 1 • ��� \�/ � 3 ✓ �/�� � 28.82 � /� - � ..G ANA - �.% ���� / •" ` Y ,/ / , r ..l j A �• � 1� 1 � , I It- .m 1 -tie n � DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR CONSTRUCTION SANTA ANA RIVER MAINSTEM FLOOD CONTROL 105 (Project) (Tract Number) The undersigned, hereinafter called the "Owner,' in consideration of the total compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the "Government," for all land or easement rights hereinafter described, to be determined by subsequent agreement between the Owner and the Government, or by judicial proceedings, hereby grants to the Government, a right -of -entry upon the following terms and conditions: 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of twelve (12) months from the date of this instrument to perform construction work of any nature. 2. This right -of -entry includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government. 3. All tools, equipment, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this right -of- entry. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this right - of-entry. 5. If aircraft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, the Government shall inform the Owner, in advance, of such flight or entry. 6. It is understood and agreed that if the Government does not acquire title or other necessary interest in said land prior to the expiration of this right -of- entry, or any renewal thereof, the Government agrees to be responsible for any damage arising from the activity of the Government, its employees and /or contractors on said lands, in the exercise of rights under this right -of- entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shall make an appropriate settlement with the Owner. fir; I e E 0 1 0 . a 0 0 The land affected by this right -of -entry is located in the County of Orange, State of California, and is described in Exhibit 'A', attached hereto and made a part hereof. WITNESS MY HAND AND SEAL this day of �Z ?CG 1990 WITNESS: CITY OF NEWPORT BEACH, a Municipal Corporation C SEAL) T,jc , w I �\``' Appr ed as to Form: 4, y� C frntorney 0 S,27°/ 5'P Al N, 77' ST, bi "-N.EW,PvwT % 105 . . . . . . . . . . . {`�ry �: ryU ��'W - \... \�. � � ,�' 173 `:\� i � Y� � �learos,34 �� ...�.,_ AN. wl� xk7 JOOE-3 16 IT ?"YZ EXHIBIT A DATE: TRACT: ACREAGE' OWNERS: PROJECT: LOCATION: CESPLRE -PC FILE: 0 Ma; 1<_5 ( 3rd Revision 0 Page 1 of : Faces Aucust 19:39) .1'- + (1) State of California. (with Cit•: of New- port Beach, Trustee and Individually) (2 ) Simn;al L andmar4 %, Inc. ( ) Mamie M. Hunt (°oundaries between these three owners to be determined.) MARSH RESTORATION AREA, Lower Santa Ana River Channel Imorovements Orar.oe Count,/. California. 71'• -F• -1 (c: \wp \mrshl>S DESCRIPTION THAT CERTAIN REAL PROPERTY near the mouth of the Santa Ana River in the County of Orange, State of California, situate in the Rancho Santiago de Santa Ana and in Sections 19 and 20, Township 6 South, Range 10 West, San Bernardino Base & Meridian, further described as follows: BEGINNING at the northeasterly terminus of the centerline of Summit Street, _.0 feet wide, vacated by resolution of the Board of Supervisors on September 1926, recorded in Bock '2151, Page 559, of Official Records of said County, at a point distant North 60d 52' 54" West, 15.11 feet, more or less, from a two -inch- diameter iron pipe capped with a brass disc stamped "R.L.S. 106311, at the intersection of a westerly boundary of the City of Newport Beach, according to a survey by said city as shown on City Map No. 159 -2055 on file in the office of the City Engineer, with the northwesterly terminus of that certain course in the line decreed as the centerline of the Santa Ana River by Califor- nia Superior Court for Orange County in Case No. 22797 (said line hereinafter called the "Decreed Line ") recorded 21 February 19:30 as Document No. 5243 in Book 362, Paces 31- 32 -33, of Official Records of said county, shown as "N 78d 00' 22" 517.70111 on a map filed 13 July 1963 as Document No. 167121 in Book 65, Pages 31 through 36, inclusive, of Records of Survey (said survey herein- after called "65RS31 ") of said county; thence southwesterly along the centerline of Summit Street (vacated), South 35d 45' 31" West (Record S. 35d 57' 30" West per 65RS31), 46.20 feet; thence, leaving said centerline, North 54d 02' 20" West, 15 feet, more or less, to the most southerly corner of Lot 1, Block C of the E1 Moro Tract, as said tract is shown an map filed 30 April 191:3 as Document No. 3:34.31 in Book 3 Page 75, of Official Records and as said corner is shown on 65RS31; V H IRIT A V File # 713 -F' -1 Tract 10 Marsh Restoration Area., Lower Santa Ana River (cont'd) 0 Page 2_ of c Pages (:-:,-d F:ev. thence along the southwesterly line of Block C as shown on 65RS31, North 54d 02' 20" West, 104.02 feet to a point in the southwesterly line of Lot 4 of Block C; thence, leaving said southwesterly line, North 27d 13' East, 91.92 feet, more or less, to intersect the northerly line of that canal or body of water sometimes commonly known as "Oxbow Loop ", said Oxbow Loop being a former bed of the Santa Ana River, as said northerly line is described in that instrument titled "Settlement and Boundary Line Agreement, State and City Deeds and Corporation Deed regarding Certain Lands in the County of Orange, California, BLA No. 26G I., between the State of California and City of Newport Beach (as trustee and individually) as one party, and Mobil Oil Corporation and Rancho Santiago Fartnertship as the other party, recorded In Aujud- 19$5+ as Document No. 89- '4[r�^L, Official Records (said instrument hereinafter called the "Bound- ary Agreement" and said line hereinafter called the "Agreement Line "); thence southeasterly, easterly, northeasterly and southeasterly along the Agreement Line the following forty (40) courses= (1) South 80d 29' East, 39.11 feet; ('a') South 89d 50' East, 103.2 feet; (3) South 83d 42' East, 70.7 feet; (4) South 58d 21' East, 31.4 feet; (5) South 71d 10' East, 100.3 feet; (6) South 86d 40' 14" East (Rec. South 86d 39' East per Boundary Agreement), 40.60 feet, more or less, to a point distant South 17d 01' 20" West, 2.41 feet from a 4 ",<4" concrete monument with a nail and tag marked "R.E. 4683" shown at the westerly terminus of that course in the City of Newport Beach boundary shown as "S 62d 45" E, 756.00"" on 65RS211 (7) South 65d 04' East, 60.9 feet; (:_) South 73d 11' East, 200 feet; (T) South 69d 14' East, 7:3.9 feet; (10) South 75d 27' East, 17.5 feet; File # 711 -P -1 LI Tract 105, Marsh Restoration Area Lower Santa Ana River (cont'd) Fagg 3 of G Faces (:_:rd Rev. 29 Aug 8 ?) (11) South 71d East, 100.85 feet; (12) South 66d 03' East, 100.1 feet; (13) South 56d 55' East, 100.7 feet; (14) South 63d 42' East, 99.1 feet; (15) South 71d 15' East, 104.5 feet; (16) South 70d 54' East, 100.6 feet; (17) North 84d 24' East, 26.1 feet; (18) North 86d 43' East, 91.2 feet; (19) North 75d 25' East, 100.2 feet; (20) North 52d East, 106.7 feet; (21) North 69d 07' East, 17.5 feet; (22) North 41d 20' East, 90.6 feet; (23) North 29d 22' East, 112.5 feet; (24) North 17d 30' East, 91.2 feet; (25) North 11d 50' East, 100.55 feet; (26) North 15d 57' East, 100.05 feet; (27) North 22d 52' East, 100,4 feet; (28) North 39d East, 84.5 feet; (29) North 43d 53' East, 100.9 feet; (30) North 61d 31' East, 100.2 feet; (3:1) North 6.6d 47' East, 101.1 feet; (32) North 55d 40' East, 18.42 feet to a point in the right bank at the mouth of that tributary channel of Oxbow Loop File # 713 -F -1 0 0 Tract 105, Marsh Restcraticn Area page �, of S Faae=_ Lower Santa Ana River (ccnt''d) (3rd Rev. Aug -:j described and named as "Bohn -Mack Slough" in the Boundary Agreement; (33) North 55d 40' East, 121 feet to a point in the left bank at the mouth of said Bohn -Mack Slough; (34) North (35)' South ( :6 ) South (37) South (1%3) South ( 39 ) South 55d 51d 50d 3 1 d 34d 30d 40' 40' 12' 42' 15. 08• East, 9.28 feet; East, 136.x: feet; East, 104.7, feet; East, 89.5 feet; East, 100.: feet; East, 100 feet; (40) South 28d 18' East, 25.54 feet, more or less, to intersect an easterly prolongation of the northerly boundary of Tract 772, as shown on tract map recorded 24 October 1925 as Document No. 28363 in Back: 23, Pages 5 -6, of Miscellaneous Maps (hereinafter called "23MM5 ") of Official Records of said county, and being also an easterly prolongation of the southerly boundary of Tract 46-01, as shown an tract map recorded 21 February 1963 as Document No. 15735 in Book 175, Pages 26-27, of Miscellaneous Maps (hereinafter called "175MM26), of said Offical Records; thence, leaving the Agreement Line and crossing Oxbow Loop, westerly along said prolongations and north line of Tract 772, North 89d 45' 47" West (Rec. S. 89d 48: E. per 23MM5 and 175MM26, and S. 89d 45' E. per 65RS31), 118.07 feet; thence, leaving said boundary line and prolongation, North :2d 19' 56" West, 243.44 feet, more an less, to intersect a line parallel with and 205.16 feet northerly, measured at right angles, from said tract boundary and prolongation, at a point distant along said parallel line South 89d 45' 47" East (Rec. N. 89d 48" W. per 175MM26), 165 feet from the northeast corner of Lot 7 of Tract 4601; thence westerly along said parallel line 165 feet to said northeast lot corner; thence westerly along the northerly line of Lot 7, North 89d 47' 4 File # 713 -P -i Tract 105, Marsh Restoration Area Lower Santa Ana Fiver (cont d) Face S of Rages ( rd Rev. Auc 45" West (Rea. N. 89d 48' W. per 175MM26), 12.05 feet to an angle point therein; thence southwesterly along the northwesterly lines of Lots 7, 6, 5, 4 and :3 of Tract 4601, South 67d 44' 23" West (Rec. N. 67d 42' 10" E. per 175MM26), 204.15 feet to an angle point in the northwesterly line of said Lot :3; thence southwesterly along the northwesterly line of Lots 3 and 2 of said tract, South 48d 3'8` West (Rec. N. 48d 36' '20" E. per 175MM26), 59.61 feet to an angle point in the boundary of said Lot thence southwesterly along the northwesterly lines of Lots 2 and 1 of said tract, South 20d 11' 03" West (Rec. N. 20d 08' 50" E. per 175MM26), 93.04 feet to the southwest corner, of Lot 2 and of said Tract 4601; thence easterly along the south line of Tract 4601, South 89d 45' 47" East (Rec. S. 89d 483' E. per 175MM26 and 23MM5, and S. 89d 4` E. per 65RS31), 6.56 feet, more or less, to intersect a northerly prolongation of the westerly line of Block. 26, Tract 772, thence, leaving said boundary common to Tracts 771, and 4601, southerly along said prolongation and along the westerly lines of Lots 12 through 4 inclusive, of said Block 26, South 19d 32' West (Rec. N. 19d'28' 27" E. per 23MM5), 270.49 feet to a point in the westerly line cfg Lot 4 which is the beginning of a tangent curve to the right, concave northwesterly, having a radius Of 580 feet; thence southerly and westerly along said curve and along the westerly line of Block 26, across Sunset Drive, along the northwesterly line of Block 12, across Lancaster Street, and along the northerly line of Block 11, all in Tract 772, through a central angle of 92d 09' 38" (Rec. 92d 09' 03" per 23MM5), an arc distance of 932.93 feet, more or less, to the most northerly corner of Lot 1 of Block. 11, a radial to said corner bearing South 21d 42' 09" West (Rec. N. 21d 37' 30" E. per 23MM5), and said corner being also a point in the southeasterly line of Grant Street, 40 feet wide; thence northwesterly, crossing said Grant Street at right angles thereto, North 54d 10' 09" West (Rec. N. 54d 12' W. per 2:MM5), 21.02 feet, more or less, to intersect the northerly boundary of 5 File # 711 -R -1 Tract 105, Marsh Restoration Area Page L_ of : Pages Lower Santa. Ana River (cont'd) (3rd Rev. _ Aug ") Tract 772 shown as "S 8­8d 25' E, 366.30" on 23MM5 and as "S =8d 22' 30 "" on 65RS31; thence westerly along said boundary, North 88d 23' 09" West, 100.50 feet, more or less, to an angle point therein; thence northwesterly along said boundary, North 64d 39' 37" West, 112.67 feet, more or less (Rec. S 64d 43' E, 112.35 per 23MM5, and N. •64d 40' 28" W., 11'2.34 per 65RS31), to intersect a northeasterly prolongation of the northwesterly line of Block 10, Tract 772, being also a northeasterly prolongation of the southeasterly line of Highland Street, 30 feet wide; thence northwesterly, crossing Highland Street at right angles thereto, North 54d 09' 37" West (Rec. N 54d 12` W, per 23MM5 and N. 54d 09' 00" W. per 65RS31), 30 feet, more or less, to inter- sect a northeasterly prolongation of the southeasterly line of Lot 8, Block 11 of Seashore Colony Tract, being also a northeast- erly prolongation of the northwesterly line of Highland Street, 30 feet wide, as said lot and street are laid out and shown on the map of Seashore Colony Tract recorded 20 July 1911 in Book 7, Page 25, of Miscellaneous Maps, Official Records of said county; thence, at right angles to last said course, northeasterly along said prolongations, North 35d 50' 23" East (Rec. N 35d 48' E per 23MM5, and N 35d 51' 00" E per 65RS31), 43.12 feet; thence North 50d 49' 23" West, 10.77 feet to a point in the top of the southerly bank of Oxbow loop as shown on an American Land Title Association Survey dated December 19:8, by Bobby 0. Johnson, RLS 4140, recorded 3 March 1989 as F.S. No. 89 -1031 in Book 121, Pages 40 through 43 inclusive, Records of Survey of said county (said survey hereinafter called "121RS40 ")-, thence, continuing generally along the top of said bank as shown on 121RS40, the following eleven (11) courses numbered (41) through (51) below: (41) North 50d 49' 23" West, 54.06 feet; (42) North 67d 05' 56" West, 143.c .'1 feet to the beginning of a non - tangent curve to the right, concave northeasterly, having a radius of 171.76 feet, a radial to said beginning point bearing South 15d 59' 16" West; c File # - 13 -P -1 0 Tract 105, Marsh Restoration Area Lower Santa Ana. River (ccnt`'d) 0 page 7 of 8 Pages ( 2rd Rev. 29 Aug 4 ) (43) westerly and northwesterly along said curve through a central angle of 44d 52' 12 ", an arc distance of 1 ^34.51 feet, more or less, to the ending point thereof, a radial to said point bearing South 60d 51' 28" West; (44) North 51d 39' 57" West, 1::.68 feet; (45) North 71d 28' 26" West, 158.94 feet; (46) North 74d 04' 07" West, 89.52 feet; (47) North 77d 31' 58" West, 56.62 feet; (4:) North 58d 33' 52" West, 19.66 feet; (49) North 73d 22' 45" West, 34.51 feet; (50) North 82d 41' 29" West, 29.58 feet; (51) South 59d 31' 52" West, 60.07 feet, more or less, to intersect a northerly prolongation of the southeasterly line of the aforesaid Summit Street (vacated); thence southwesterly along said prolongation, South 35d 46' 08" West (Rec. N. 35d 57' 30" E. per 65RS31), 31.05 feet, more or less, to a two- inch - diameter iron pipe capped with a brass disc stamped "R.L.S. 1068" at the intersection of a westerly boundary of the City of Newport Beach, as shown in aforesaid City Map No. 159 -2055, with the northwesterly terminus of that course in the Decreed Line shown as "N 78d 00' 2211, 517.70'" on 65RS31., thence North 60d 52' 54" West, 15.11 feet, more or less, to the POINT OF BEGINNING; and containing 8.19 acres of land, more or less; SUBJECT TO all easements, leases, licenses, permits and rights - of -way of record now in effect, including, but not limited to, that subsurface pass- through easement in favor of the City of Newport Beach, a municipal corporation, described in instrument recorded 23 April 1985 as Document No. 85- 143929, of Official Records, and that easement for electric line, from Signal Oil and Gas Company in favor of Southern California Edison Company, dated S March 1961 and recorded 5 April 1961 as Document No. 2695 in Book 5679, Page 247, of Offical Records, and that certain Partial Assignment of Lease from Armstrong Petroleum Company in favor of 7 File # 713—P -1 Tract 105, Marsh Restoration Area Lower Santa. Ana River (cont'd) 0 Page of 8 Paaes (::rd Rev. 2'9 Aua =') City of Newport Beach, a municipal corporation, dated 30 March 19e3 and recorded 12 April 1983 as Document No. 83- 151674, of Official Records, and that Quitclaim Deed from Armstrong Petro- leum Company in favor of City of Newport Beach, a municipal corporation, dated 31) March 198'3 and recorded 12 April 192 as Document No. 83- 151675, of Official Records of said county; AND THE BASIS OF BEARINGS for the description above being the same as for 65RS:31, noting, however, that the basis of bearings for Tract 772 in 23MM5 and for Tract 4601 in 175MM26 was the north line of aforesaid Section 20, and that bearings in said tracts in the description above have been rotated to conform with 65RS31, and with distance measurements in 121RS40. OF DESCRIPTION / / / / / / / / / / / / / / / / / / / / /// Original Description, 2 May ^'a', by R.W.N.. Chk.d b•,.• S.E. 1st Revision, 6 Jul _:97 by R.W.N., Chk:d by S.B. 2nd Revision, 19 Jul S9 by R.W,N., Chkd by E.B. REVISED, '"? AUG .=.9: F l) db- CHECF:ED File # 71:3-P -1