HomeMy WebLinkAboutC-4548(A) - Settlement Agreement for Acquisition of Real Property Interests and Joint Escrow Instructions1 W
APN: 427 - 241 -14 (3901 MacArthur Blvd., LLC)
TITLE REPORT NO: Stewart Title, 258133
PROJECT. Jamboree Road Bridge Widening Over State Route 73
SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTERESTS AND JOINT ESCROW INSTRUCTIONS
This SETTLEMENT AGREEMENT FORACQUISITION OF REAL PROPERTY INTERESTS
AND JOINT ESCy20W INSTRUCTIONS ( "Agreement') is entered into this ; Vq' day of
2010 by and between the City of Newport Beach, a Municipal
Corporation (hereinafttbr called "Buyer "), and 3901 Mac Arthur Blvd., LLC, a California Limited
Liability Company (hereinafter called "Seller ") for acquisition by Buyer of certain real property and
interests in real property hereinafter set forth.
WHEREAS, Buyer desires to acquire certain easements and all of Seller's rights, interests
and title in and to a portion of Seller's real property for the Jamboree Road Bridge Widening Over
State Route 73 Project ( "Project'). The real property interests to be acquired herein are more
particularly described in the following attached Exhibits:
i. Easement Deed (for street, sidewalk, and other right -of -way purposes) with legal
description and plat map attached, Certificate of Acceptance, Exhibit 1.
ii. Temporary Construction Easement (for construction purposes)with legal description
and plat map attached; Exhibit 2
WHEREAS, Seller desires to sell to Buyer the above described real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of California, Buyer
has established an amount believed to be just compensation for such property interests and has
advised Seller of the basis for its determination of just compensation; and
WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such
property interests and acknowledges such compensation is no less than fair market value; and
WHEREAS, the easement deeds conveying such property interests have been executed and
delivered to Overland, Pacific & Cutler, Inc., the Real Property Agent representing the Buyer.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees
to purchase from Seller, upon the terms and for the consideration set forth in this Agreement
(hereinafter called "Agreement'), all that certain real property and easements (hereinafter
collectively "Property ") situated in the City of Newport Beach, County of Orange, State of
California, and legally described as follows:
SEE EXHIBITS "1 "AND "2" ATTACHED HERETO
AND BYTHIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price of the Property, payable in cash through
escrow, shall be the sum of One Hundred Thirty Nine Thousand Four Hundred and Fifty Two
Dollars ($139,452.00).
3. CONVEYANCE OF TITLE.
3.1. Seller agrees to convey to Buyer by easement deed in the form of Exhibit" 1 ", certain
real property interests to the real property described therein free and clear of all
recorded and unrecorded liens, encumbrances, assessments, easements, leases,
and taxes EXCEPT:
a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall
be cleared and paid in the manner required by Section 4986 of the Revenue and
Taxation Code, if unpaid at the close of this transaction.
b. Quasi - public utility, public alley, public street easements, and rights of way of record
(except rights in any such items conveyed under this Agreement).
c. Items numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in the preliminary title report
issued by Stewart Title of California Company for the larger parcel owned by Seller
and dated as of October 2, 2009 (Order No. 258133).
3.2. Seller further agrees to convey to Buyer, a temporary construction easement in, on,
over and above the portion of the Seller's Property depicted on the attached
Exhibit "2" and incorporated herein by this reference.
TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Exhibits 1 -2,
provide the Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of
$94,550 issued by Stewart Title of California Company showing the title to the real Property
identified in Exhibit 1 vested in Buyer, subject only to the exceptions set forth in Paragraph
3.1 of this Agreement and the printed exceptions and stipulations in such policy. Buyer
agrees to pay the premium charged therefore.
5. ESCROW. Buyer agrees to open an internal escrow in accordance with this Agreement with
Overland, Pacific & Cutler, Inc. This Agreement constitutes the joint escrow instructions of
the Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to perform all acts
reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver such easements as referenced in Paragraph 3, above, to
Escrow Agent concurrently with this Agreement. After opening of escrow, Buyerwill deposit
executed Certificates of Acceptance with Escrow Agent. Buyer agrees to deposit the
purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with
Escrow Agent any additional instruments as may be reasonably necessaryto complete this
transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to
place title in the condition necessary to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and /or delinquent or non - delinquent assessments or bonds except those
which title is to be taken subject to in accordance with the terms of this Agreement;
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest on
note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due
and payable in accordance with terms and conditions of said trust deed(s) or
mortgage(s) including late charges, if any, except penalty (if any), for payment in full
in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s)
or benefciary(ies) entitled thereunder;
d. Pay and charge Buyer for all reasonable fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial or full reconvenances
of deeds of trust or release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
f. Disburse funds and deliver the easement deeds when conditions of this escrow have
been fulfilled by Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date
necessary instruments of conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is authorized if necessary or
proper in the issuance of the policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended
by mutual agreement of the parties hereto. Any amendment of, or supplement to, any
instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS
SOON AS POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyers and Seller's
usual fees, charges, and costs which arise in this escrow.
8. FULLAND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of any and
all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically
including, any and all damage to Seller's remainder Property by reason of the acquisition of
the Property or the installation of the improvement Project in the manner proposed, the value
of improvements pertaining to the realty, leasehold improvements, any and all claims of
rental or leasehold value and loss of business goodwill, any claim of Seller for relocation
benefits or assistance, and any and all claims in inverse condemnation and for
precondemnation damages, and any and all other claim that Seller may have, whether or not
specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the
Property. Seller and Buyer, and each and all of their individual collective agents
representatives, attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of them, from
any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating tojust compensation,
damages, which any of them now have, or might hereafter have by reason of any matter or
thing arising out or in any way relating to Buyers acquisition of the Property interests
described herein.
9. CONSTRUCTION CONTRACTAND CURATIVE WORK AND OTHER CONSIDERATION.
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
assigns, shall perform the following construction contract items at the time of the
installation of the proposed Project:
Buyer shall remove a portion of the existing block wall between APN: 427-
241-14 and APN: 427 - 241 -09 and refinish newly exposed wall surfaces as
shown on the contract drawings Sheet L -2A
ii. Buyer shall perform all Project work as shown on the construction drawings
prepared by RBF Consulting plans dated March 18, 2009.
iii. Seller will be added to the contractor's liability insurance as additional
insured for the duration of the temporary construction easement
b. It is understood and agreed by and between the parties hereto that the
compensation paid to Seller through this Agreement includes the value of and cost to
relocate, reconstruct, and /or refurbish existing landscape and irrigation
improvements impacted by the Buyer's construction activities as outlined in the
attached Exhibit "Y (Frank Torres Construction Quote dated April 6, 2010). It is also
understood that the $5,000 contingency fund as identified in Exhibit "Y is only to be
used to cover unforeseen conditions related to the original landscape and irrigation
scope of services. The Seller shall refund any and all unused contingency funds to
the Buyer at the completion of the work.
c. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject Property by the City,
including the right to remove and dispose of improvements, shall commence on July
1, 2010 or the close of escrow controlling this transaction, whichever occurs first, and
that the amount shown in Paragraph 2 herein includes, but is not limited to, full
payment for such possession and use, including damages of subject Property, if any,
from said date.
d. All work done under this Agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in
a good and workmanlike manner. All structures, improvements or other facilities,
when removed, and relocated, or reconstructed by the City, shall be left in as good
condition as found.
e. City agrees to indemnify and hold harmless Seller from any liability arising out of
City's operations under this Agreement. City further agrees to assume responsibility
for any damages proximately caused by reason of City's operations under this
Agreement and City will, at is option, either repair or pay for such damage.
10. OTHER CONSIDERATIONS. Access to the temporary construction easement area and all
work done under this Agreement shall be done from the street side.
11. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project
planning and funding purposes the Seller hereby grants to Buyer and authorized agents or
contractors, the right of possession to the area described in Exhibits "'I" and "2" to perform
the work described in Paragraph 9a. However, said right of possession and use shall not be
exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written
notice to perform the construction items listed in Paragraph 9a above.
The right to use the Property shall continue in effect for a period of three (3) months. Said
use shall begin from the date Buyer, or Buyer's agent, provides Seller with a 48 -hour prior
written notice. All efforts shall be made to complete the described work within the proscribed
period of time; however, extraordinary circumstances may occur which may require
additional time to complete the work (i.e. rain, acts of god, labor dispute, shortage of
materials, etc.). It is agreed that should the actual use extend beyond the time period
delineated above, the Buyer agrees to pay the Seller $1,800.00 per calendar day except
when the delay is caused by either rain or any acts of god. In which case, the Buyer will be
allowed additional working days at no cost to the Buyer. The number of additional working
days will be equal to the number of days delayed by either rain or any acts of god.
It is further understood that the Temporary Construction Easement shall terminate upon the
earlier of 1) substantial completion of the improvements, or 2) December 15, 2012.
12. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in
possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or
invitees, and that there are no oral or written recorded or unrecorded leases or other
agreements concerning all or any portion of the Property exceeding a period of one month,
except the existing lease with DW WTL. Seller further agrees to hold Buyer harmless and
reimburse Buyer for any and all of its losses and expenses occasioned by reason of any
lease of such Property held by any tenant of Seller for a period exceeding one month.
13. ACQUISITION UNDER THREAT OF EMINENT DOMAIN. Seller and Buyer acknowledge
that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges
that the sums received from Buyer under this Agreement constitute full payment of just
compensation under threat of eminent domain (including, but not limited to, compensation
for the fair market value of the real property taken, severance damages, improvements to
the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory,
loss of business goodwill, relocation benefits and assistance, court costs, litigation expenses
and any interest which might be due on such matters). Seller acknowledges that the
amounts paid under this Agreement constitute the total amount due Seller, and that no
further payments are due, owing or payable. Seller waives any other claims it might have for
further payment or further compensation, including attorney's fees, costs and interest.
14. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and /or covenants to Buyer that:
a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Property or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
b. To the best of Seller's knowledge, there are no encroachments onto the Property by
improvements on any adjoining property, nor do any buildings or improvements
encroach on other properties.
c. Until the closing, Seller shall not do anything which would impair Seller's title to any
of the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's Property may be bound.
e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
15. HAZARDOUS WASTE. It is understood that the Property does not appear to contain
hazardous materials including but not limited to gasoline /oil storage tanks, fertilizer or
pesticide storage tanks, or any contaminant. However, should hazardous materials be
found to exist on the Property, the Buyer may exercise its right under existing law to bring an
action, if necessary, to recover clean -up costs from Seller or any other who are ultimately
determined to have responsibility for such hazardous materials condition of the Property.
16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitute such acceptance and approval.
18. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been
involved in this transaction. Buyer and Seller agree to indemnify one another against any
claim, suits, damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said claimant.
19. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to thejurisdiction of
the California Courts with venue in Orange County.
20. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller.
21. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
22. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between the
parties with respect to the matters contained in this Agreement. Any waiver, modification,
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any
party of any breach hereunder shall be deemed a waiver of any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
Mailing address of Seller
1400 N. Tustin Street
Orange, CA 92867 -3902
Mailing Address of Buyer
P.O. Box 1768
Newport Beach, CA 92658 -8915
APPROVED AS TO FORM:
Office of the City Attorney
By:
,,;IVynevt Beauchamp, fkssistant City
Attorney I\//
SELLER:
3901 MacArthur Blvd., LLC, a California
Limited Liability Company
By: >c - —
0
BUYER:
The City of Newport Beach, a Municipal
Corporation
By:
Keith Curry, Mayor
ATTES_Tn TO: n �j
By:
Leilani I. Brown, Cflty Clerk
II \
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 427 - 241 -14 (Portion)
FORA ` >'ALUABLE CO " <SIDEIW ION, receipt of which is hereby acknowledged,
3901 Mac Arthur Blvd., LLC, a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for public STREET AND UTILITY purposes and all other uses
appurtenant thereto in, on, over, under, and through the real property in the City of
Newport Beach, County of Orange, State of California described in Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part
hereof.
IN WITNESS WHEREOF, the grantor hereto has caused this Easement Deed to be
executed as of this Z-7 day of 6- 0S-r , 2010.
an
*Signatures must be acknowledged by a notary public
By:
an
*Signatures must be acknowledged by a notary public
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of A,Ov� - 1}
On 40%e,7-,14'9
Dale
personally appeared
rLla NCoa1wdv r lYN" s - 17780141
ownp ICaumv 1
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) isfare- subscribed to the
within instrument and acknowledged to me that
he /she/they executed the same in hWhegtheir authorized
capacity(es), and that by hisFhefAheir signature(e) on the
instrument the persoro)- or the entity upon behalf of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature 9
I.—Soaturil of Notary u�lE
OPTIONAL /
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document �)
Title or Type of Document: z
Document Date: .�!/i:D_sT N5 LO /O Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual /j�✓�/�G�
4 Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
OF SIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
vSVG'✓G "+i7tv:�✓G' ✓<�.tivGG <vG"v<C -vG�.G'vG'vC✓Ta' ✓ -v4'v 'aG�, 'v 'vG'v 'i 'vG VG VGC✓, "v4v.'+�CVG'vG'v.ai-✓4�,4C ✓4(✓
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by that certain Easement Deed from 3901 Mac Arthur Blvd., LLC, a California
limited liability company to the City of Newport Beach, a municipal corporation, hereby
accepted on , 2010, by the undersigned officer on behalf of the City of
Newport Beach pursuant to authority conferred by Resolution No. 92 -82 of the City
Council adopted on July 27, 1992. The City consents to the recordation of said
document in the Office of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
ynett Beauch mp,
Assistant City Attorney
ATTEST:
By: U YN'lMl,t -l'
Leilani I. Brown,
City Clerk
State of California
County of ORANGE
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Keith Curry,
Mayor
On before me, , Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
EXMBIT "A"
LEGAL DESCRIPTION
RTGUT- OP' -WAY
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Parcel 1 of City of Newport Beach Lot Line Adjustment No. LA
2005 -008 recorded January 26, 2006 as Instrument No. 2006000060410 of Official Records in
the Office of the County Recorder of said Orangc County, described as follows:
BEGINNING at the most southerly corner of said Parcel 1 of Lot Line Adjustment No. LA
2005 -008; thence along the southwesterly line of said Parcel 1 North 49 °22'06" West 10.10 feet
to a point on a non - tangent curve concave northwesterly and having a radius of 240.08 feet, a
radial line of said Curve Ic lcm said n be ars North th 40 "31'47" West; t hence along said ray e
northeasterly 31.56 feet tlurough a central angle of 07 °31'52'; thence non- tangent from said curve
South 48 °03'32" East 1.00 feet; thence North 41 °56'27" East 255.99 feet to a point in that certain
course on the northwesterly right -of -way of Jamboree Road shown as "North 39 °26'48" East
268.60 "' on said Lot Line Adjustment, said point being distant thereon South 39 026'27" West
107.51 feet from the northeasterly terminus thereof; thence along said northwesterly right -of -way
South 39 °26'27" West 161.08 feet and South 41 °56'27" West 126.29 feet to the POINT Or
BEGINNING.
CONTAINING: 0.035 Acres, more or less.
EXHIBIT "B" attached and by this reference made a part hereof.
J
Kurt R. TrAell, PLS 7854 Date
IlApdala\101041 MAdmin\1g. 4114d.U.2rmdoc
I.
DATA TABLE
-------------------------------------
NO. BRNG /DELTA RADIUS LENGTH
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--------------------------------------
1 N49 °22'06 "4l -- 10.10'
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2 07 °31'52° 240.08' 31.56'
w m
3 S48 °03'32 "E -- 1.00'
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VARIES
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UNLESS O'IHERIYISE NOTED, ALL BEARINGS V.D
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THW CALIFORNIA COORDINATE SYSTEId,
(CCS83) ZONE VI 1983 NAD (1991.35 FPOCH
GPS ADJUSTMENT). TO OBTAIN GROUND
`Ld
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
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PARCEL 1
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L.L.A. NO. LA 2005 -008
co
INST. NO. 2006000060410, O.R.
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DETAIL "A"
N.T.S.
RIGHT -OF -WAY
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TAIL "A" LEFI
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IN
� 66'
N40 °31'41 "Yl C
SYCLY LINE PARCEL 1 �(RAD)
LOT 2
TRACT NO. 7694
EXHIED31T npa N.M. 294 / 27 -29
SKETCHTO AW"PAWAA
LEGAL DESCRIPTION FOR
JAMBOREE I SR -73 OVERCROSSING
RIGHT -OF -WAY
(A.P.N,427. 241 -14)
CONTAINING: 0.035 ACRES t
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Y CORNIER PARCEL 1
SHEET I OF 1 SHEET
REVISED JANUARY 20, 2909
JULY 19, 2006
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
Orange County Assessor's
Parcel Number: 427 - 241 -14
FULL[ ] PORTION [X ]
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
3901 Mar, Arthur Blvd., I I C a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for construction purposes in, on, over, under, and through the real property in the
City of Newport Beach, County of Orange, State of California described on Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part hereof.
This easement shall terminate upon the filing of a Notice of Completion for the Jamboree @
SR73 Project or within two years of the date of this document shown below.
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement Deed to
be executed as of this_eF,�'day of 2010.
By:
`Signatures must be acknowledged by a notary public
CALIFORNIA NIA A LIL- PURPOSE ACKNOWLEDGMENT
,eyyi- -s
State of California
County of
On f-z7 -f/ before me,
Date insert ame antl'i'if� Ilo of the 011iter
personally appeared
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person( -whose name(s) isfare subscribed to the
within instrument and acknowledged to me that
he/she /they executed the same in hislUer /lbeir authorized
capacitges), and that by his/herAheir signature(s) on the
instrument the perso*), or the entity upon behalf of
which the personH acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
(signature Notary Publi
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 6 ni °� Pff a °/� !�� / ✓ST'i ✓c�T /,/ // iii Sf��%
Document Date: -z1 : ,�2 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
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Signer's Name: 9!//7J ,��; % SfJ Signer's Nar
❑ Individual
f9' Corporate Officer — Title(s): eA
❑ Partner —0 Limited O General
O Attorney in Fact
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❑ Other:
Signer Is Representing:
❑ Individual
• Corporate Officer— Title(s):
• Partner — ❑ Limited ❑ General
MUM O Attorney in Fact
thumb here p Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
'.RIGHT,THUMBP,RINr
- �OFdSIONERI
®2007National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chaamorlh, CA 913132402 -v NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800876.6827
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That certain parcel of laud situated in the City of iNewpoit Beach, County of Orange, State of
California, being that portion of Parcel 1 of City of Newport Beach Lot Line Adjustment No LA
2005 -008 recorded January 26, 2006 as htsn'unrent No. 2006000060410 of Official Records in
the Office ol'lhe County Recorder of said Orange County, described as follows:
BE'GINNIN'G at a point in the southwesterly line of said Parcel 1 of Lot Line Adjustment No.
LA 2005 -008, distant thereon North 49 °22'06" West 10.10 feet from [lie most southerly corner
thereof, said point being oil a non - tangent curve concave northwesterly and having a radius of
240.08 feet, a radial line of said curve from said point heals North 40 °31'41 West; thence along
said curve northeasterly 31.56 feet through a central angle of 07°31'52'; thence non - tangent fi om
said curve South 48 °03'32" East 1.00 feet; thence North 41 °56'27" East 255.99 feet to a point in
that certain course on the northwesterly right-of-way of Jamboree Road shown as
"North 39 °26'48" East 268.60 "' on said Lot Line Adjustment, said point being distant thereon
South 39 °26'27" West 107.51 feet from the northeasterly terminus thereof; thence along said
northwesterly right -of -way North 39 °26'27" East 58.92 feet; thence North 48 °04'42" West 8.54
feet; thence South 40 °51'26" West 58.87 feet; thence South 41°56'27" West 255.99 feet; thence
South 63 °09'17" West 34.23 feet to said southwesterly line of said Parcel 1; thence along said
southwesterly line South 49° 22'06" East 19.32 feet to the POINT OF BEGINNING.
CONTAINING: 0.082 Acres, more or less.
Kurt R. Troxell, PLS 7854 Date
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TRACT NO. 7694
EXHIBIT aA° M.M. 294 / 27 -29
SKETCH TO.ACCOMPANY -A
LEGAL DESCRIPTION FOR
JAMBOREE ISR -73 OVERCROSSING
TEMPORARY CONSTRUCTION EASEMENT
(A.P.N.427- 241 -14)
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MOST SOUTHERLY CORNER PARCEL 1
SHEET 2 OF 2 SHEETS
REVISED JANUARY 20, 2009
JULY 19, 2006
RBF CONSULTING
14725 ALTON PARKWAY
IRVINE, C. N.IFORNIA.W68
J,N. 10.104114
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April 6, 2010
City of Newport Beach
Attn: Mr. Andy Trait
n
Trunk Torres
l onst 'uchan
2E REVISED PROPOSAL
RE: NENNIPORT LEXUS
3901 MACARTHUR BLVD, NEWPORT BEACH, CALIFORNIA 92660
LANDSCAPE REPAIRS — AFTER ROAD WIDENING
Dear Mr. Tran,
We are pleased to submit for you approval, our 2nd revised proposal to provide all labor,
materials, tools and equipment necessary to accomplish the work described herein at the above
referenced project.
Our proposal is based on onsite meeting with Mr. Andy Tran on 3/9/10 and includes the
following:
I. LANDSCAPE REPAIRS — AFTER ROAD WIDENING
0 Upon completion of the city's street widening, affected arrears to be received
within 3" of new final grade
Fine grade, feather into existing sod areas, import soil amendments and prepare
for new sod
0 Remove sections of additional sod for feathering
0 Relocate, modify and repair affected irrigation system as required
0 Install approximately 6050 square feet of new Marathon II sod
0 12 — Each 5 gallon "Buxus Japonica" for planter
PLANTER NEAR PROPERTY LINE
Modify existing concrete mow strip — demo section and replace approximately 1 I
lineal feet of new curved concrete mow strip, this modification will increase the
size of the planter
23600 El Toro Rd, Suite D 9 333 • Lake Forest. CA 92630 • (949) 951 -0293
Stale Coramcior's License N 37599
Modify irrigation as required
Remove affected plants in planter near property wall on I W construction
easement prior to commencing street widening project by city. Frank Torres
construction will dig up and can approximately 1 18 — Each 5 gallon "Day Lilies ".
We will then transport them to our yard and care for these plants for
approximately 90 days. Upon completion of the project, we will return plants and
replant. We will also supply an additional 24 — Each 5 gallon "Day Lilies ", to be
planted for new increased planter.
All necessary labor, parts and equipment as required
ALL OF THE ABOVE DISCUSSED WORK
COMPLETE FOR THE SUM OF $ 24,452.00
CONTINGENCY AS REQUSTED 5,000.00
TOTAL AMOUNT INCLUDING CONTINGENCY $ 29,452.00
PLEASE NOTE
C The City's construction contractor will only perform grading within the temporary
construction easement (TCE). All necessary work beyond the TCE limits is
included with this proposal.
o This proposal includes a 90 -day plant establishment and maintenance period. All
plant materials and irrigation system damaged during this period shall be repaired
and/or replaced at landscape contractor's expense.
G All items as listed above per meeting with Mr. Andy Tran
G Anything not listed above is not included
o Our quote is based on a quality and premium installation per standard required by
Newport Lexus. We have made no provisions for any special requirements that
may be required by the City of Newport Beach and any other governing agencies.
TERMS
PAYMENT lN FULL UPON COMPLETION
23600 El Toro Rd, Suite D 4 333 • Lake Forest; CA 92630 • (949) 951-0293
$Inge Contractor's License E 375990
THE FOLLOWliVG EXCLUSIONS APPLY EXCEPT WHERE NOTED ABOVE:
Any special requirements from governing agencies. Deputy inspectors. Soils reports or any
work related. Ifomeowners association fees. Site power and /or utilities. Anything not listed
above is not included.
We appreciate the opportunity to bid this project and hope that you will find our proposal
acceptable.
Sincerely,
FRANK TORRES CONSTRUCTION
Frank Torres
F "r /d t
23600 El Toro Rd, Suite D # 333 • Lake Forest, CA 92630 • (949) 951 -0293
Slate Contractor's License # 375990
Form No. 1402.06 �.. •._. Policy Page 1
ALTA Owner's Policy (6- 17 -06) ✓ ±'.,�� Policy Number: 3580425
1100302PO50600
OWNER'S POLICY OF TITLE INSURANCE
E
ISSUED BY
First American Title Insurance Company
notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
n to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a
California corporation (the "Company ") insures, as of Date of Policy
and, to the extent stated in Covered Risks 9 and 10, after Date of
Policy, against loss or damage, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered
Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency,
incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a
transfer or conveyance;
(iii) a document affecting Title not properly created,
executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a
document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or
otherwise invalid power of attorney;
(vi) a document not properly flied, recorded, or indexed in
the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the
Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the
Land. The term "encroachment" includes encroachments of
existing improvements located on the Land onto adjoining
land, and encroachments onto the Land of existing
improvements located on adjoining land.
Unmarketable Title.
I. No right of access to and from the Land.
The violation or enforcement of any law, ordinance, permit, or
governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use; or enjoyment of the land;
(b) the character, dimensions, or location of any improvement
erected an the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the
Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement
referred to in that notice.
An enforcement action based on the exercise of a governmental
police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded
in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the
exercise, describing any part of the Land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is
binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being
defective
(a) as a result of the avoidance in whole or in part, or from a
court order providing an alternative remedy, of a transfer of
all or any part of the title to or any interest in the Land
occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in
Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws
by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value
or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records
subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter insured against by this policy, but
only to the extent provided in the Conditions.
First American Tzile Insurance Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and
the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on
the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion Ila) does not modify or limit the coverage provided
under Covered Risk S.
(b) Any governmental police power. This Exclusion 1(b) does not modify or
limit the coverage provided under Covered Risk 6.
Z. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or B.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not
modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the
Insured Claimant had paid value for the Title.
1. Any claim, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that the transaction vesting the Title as shown
in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this
policy.
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as may be
increased or decreased by endorsement to this policy, increased by
Section B(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests
of the grantee are wholly -owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated Entity of the
named Insured, provided the affiliated Entity and the
named Insured are both wholly -owned by the same person
or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created
by a written instrument established by the Insured named
in Schedule A for estate planning purposes.
Policy Page 2
Policy Number: 3580425
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive knowledge
or notice that may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of matters
affecting the Title.
(g) "Land ": The land described in Schedule A, and affixed improvements that
by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any
right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or
limit the extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by
law.
(i) "Public Records ": Records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), "Public Records" shall also include
environmental protection liens fled in the records of the clerk of the
United States District Court for the district where the Land is located.
(j) "Title ": The estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent matter that
would permit a prospective purchaser or lessee of the Title or lender on
the Title to be released from the obligation to purchase, lease, or lend if
there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an Insured, but only so long as the Insured retains an estate or interest in the
Land, or holds an obligation secured by a purchase money Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall have liability by
reason of warranties in any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either (i) an estate
or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage
given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge
shall come to an Insured hereunder of any claim of title or interest that is adverse
to the Title, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to the Insured
Claimant under the policy shall be reduced to the extent of the prejudice.
4, PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of payment that
the Insured Claimant furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained
in Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured in
litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent the
Insured as to those stated causes of action. It shall not be liable for and
will not pay the fees of any other counsel. The Company will not pay any
fees, costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in
First American Title Insurance Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
Section 7 of these Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the Title, as insured, or to prevent or
reduce loss or damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall
be liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so
diligently.
(c) Whenever the Company brings an action or asserts a defense as required
or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction, and it expressly
reserves the right, in its sole discretion, to appeal any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, including the
right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish
the Title or any other matter as insured. If the Company is prejudiced by
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company
and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium
maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e- mails, disks, tapes, and videos whether
bearing a date before or after Date. of Policy, that reasonably pertain to
the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company
to examine, inspect, and copy all of these records in the custody or
control of a third parry that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for
examination under oath, produce any reasonably requested information,
or grant permission to secure reasonably necessary information from third
parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company
under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS/ TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With
the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an
Insured Claimant any claim insured against under this policy. In
addition, the Company will pay any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were authorized by
the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
Policy Page 3
Policy Number: 3560425
attorneys' fees, and expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation.
S. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Claimant who has suffered loss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value
of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and
is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien,
or encumbrance, or cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage
caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals, adverse to the Title,
as insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject, or which is executed
by an Insured after Date of Policy and which is a charge or lien on the Title, and
the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this
policy, it shall be subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and remedies in respect to the
claim that the Insured Claimant has against any person or property, to the
extent of the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Company of these
rights and remedies. The Insured Claimant shall permit the Company to
sue, compromise, or settle in the name of the Insured Claimant and to
use the name of the Insured Claimant in any transaction or litigation
involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant; the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss,
First American Title Insurance Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instruments
that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of
the American Land Title Association ( "Rules'). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or controversies of other
persons. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving
rise to this policy. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the
Insured. All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
Policy Page 4
Policy Number: 3580425
(d) Each endorsement to this policy issued at any time is made a part of this
policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (iii) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks covered by this policy and determined the premium charged
therefore in reliance upon the law affecting interests in real property and
applicable to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce the
terns of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate
jurisdiction.
16. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at 1 First
American Way, Santa Ana, CA 92707, Attn: Claims Department.
POLICY OF TITLE l/ 1 INSURANCE
f
u,,? "`sy`��*
First American Title Insurance Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
SCHEDULE A
First American Title Insurance Company
Name and Address of Title Insurance Company:
First American Title Insurance Company
1 First American Way
Santa Ana, CA 92707
File No.: ®SA- 3580425
Policy No.: 3580425
Address Reference: 3901 MacArthur Boulevard, Newport Beach, CA 92660
Amount of Insurance: $94,550.00 Premium: $535.00
Date of Policy: December 13, 2010 at 4:02 P.M.
1. Name of Insured:
The City of Newport Beach, a Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
A Fee.
3. Title is vested in:
The City of Newport Beach, a Municipal Corporation
4. The Land referred to in this policy is described as follows:
Policy Page 5
Policy Number: 3580425
Real property in the City of Newport Beach, County of Orange, State of California, described as
follows:
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Parcel 1 of City of Newport Beach Lot Line Adjustment No. LA
2005 -008 recorded January 26, 2006 as Instrument No. 2006000060410 of Official Records in
the Office of the County Recorder of said Orange County, described as follows:
Beginning at the most southerly corner of said Parcel 1 of Lot Line Adjustment No. LA 2005 -008;
thence along the southwesterly line of said Parcel 1 North 49 022'06" West 10.10 feet to a point
on a non- tangent curve concave northwesterly and having a radius of 240.08 feet, a radial line of
said curve from said point bears North 40 031'41" West; thence along said curve northeasterly
31.56 feet through a central angle of 07 031'52 "; thence non - tangent from said curve South
48 003'32" East 1.00 feet; thence North 41 056'27" East 255.99 feet to a point in that certain
course on the northwesterly right -of -way of Jamboree Road shown as "North 39 °26'48" East
268.60" on said Lot Line Adjustment, said point being distant thereon South 39 02627" West
107.51 feet from the northeasterly terminus thereof; thence along said northwesterly right -of-
way South 39 026'27" West 161.08 feet and South 41 056'27" West 126.29 feet to the POINT OF
BEGINNING.
APN:427- 241 -14
First American Title Insurance Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
File No. ®SA.- 3580425
SCHEDULEB
Policy No. 3580425
EXCEPTIONS FROM COVERAGE
Policy Page 6
Policy Number: 3580425
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
Pert One:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by
the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (a), (b), or (c) are shown by the Public Records.
Part Two:
1.
3.
L•8
General and special taxes and assessments for the fiscal year 2010 -2011.
First Installment: $205,027.84, DELINQUENT
Penalty:
Second Installment:
Penalty:
Tax Rate Area:
A. P. No.:
$NONE
$205,027.84, OPEN
$NONE
07 -061
427 - 241 -14
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
The fact that the rights of ingress and egress to or from said land to the "State Highway" known
as MacArthur Boulevard is limited to those certain portions set forth in the deed to the State of
California, recorded in Book 1047, Page 557 of Official Records.
The Privilege and right to extend and maintain drainage structures, excavation slopes and
embankment slopes on said land to the freeway abutting thereon, as granted to the State of
California, upon the terms and conditions in the Deed last above mentioned.
First American Title Insurance. Company
Form No. 1402.06
ALTA Owner's Policy (6- 17 -06)
Policy Page 7
Policy Number: 3580425
5. Covenants, conditions, restrictions and easements in the document recorded as Book 9768, Page
919 of Official Records, which provide that a violation thereof shall not defeat or render invalid
the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on
race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital
status, ancestry, source of income or disability, to the extent such covenants, conditions or
restrictions violate Title 42, Section 3604(c), of the United States Codes or applicable state law.
Lawful restrictions under state and federal law on the age of occupants in senior housing or
housing for older persons shall not be construed as restrictions based on familial status.
6. An easement for public utility and incidental purposes in the document recorded as Book 10467,
Page 142 of Official Records.
Abutter's rights of ingress and egress to or from Jamboree Road have been relinquished in the
document recorded December 02, 1971 as Book 9910, Page 625 of Official Records.
8. Abutter's rights of ingress and egress to or from Jamboree Road have been relinquished in the
document recorded February 26, 1974 as Book 11082, Page 1827 of Official Records.
9. Abutter's rights of ingress and egress to or from Jamboree Road, have been dedicated or
relinquished on the filed Map.
10. An easement shown or dedicated on the map of Tract No. 7694
For: Storm drain and incidental purposes.
(Affects a 20 foot strip of land as shown on said map)
11. An easement shown or dedicated on the map of said Tract No. 7694
For: Waterline and incidental purposes.
(Affects The Easterly corner of Parcel 1 as shown on said Map.)
12. An easement for public utilities and incidental purposes in the document recorded as Book
10593, Page 419 of Official Records.
(Affects The strip of land 6 feet in width, lying within of Lot 1 of Tract No. 7694, as per Map
recorded in Book 294, Pages 27 to 29 inclusive of Miscellaneous Maps.)
13. The terms and provisions contained in the document entitled "Covenants, Conditions, and
Restrictions Affecting Interests in Real Property" recorded October 13, 2005 as Instrument No.
2005 - 000822806 of Official Records.
14. The terms and provisions contained in the document entitled "Covenants, Conditions, and
Restrictions Affecting Interests in Real Property" recorded October 13, 2005 as Instrument No.
2005- 000822807 of Official Records.
15. The terms and provisions contained in the document entitled "Covenants, Conditions, and
Restrictions Affecting Interests in Real Property" recorded October 13, 2005 as Instrument No.
2005- 000822808 of Official Records.
First American Title Insurance Company
Form No. 1402.06
ALTA Owner's Polity (6- 17 -06)
Policy Page 8
Policy Number: 3580425
The terms and provisions contained in the document entitled "Assignment and Assumption of
Covenants, Conditions, and Restrictions" recorded February 15, 2007 as Instrument No. 2007-
000102201 of Official Records.
16. The following matters disclosed by an ALTA /AGSM survey made by Tait & Associates, Inc., signed
by Larry Walker L.S. 4463 on September 22, 1999 and revised September 28, 1999, designated
Job No. SP4338 (Parcel A) and SP4337 (Parcel B):
A. The fact the monument signs located on the Westerly portion of Parcel A Encroach to a
Maximum of 2.5 feet onto the street right of ways adjoining on the West.
B. The fact that the Edison Vault and the PTT Vaults located on Parcel A that lie partially outside
of the easements recorded July 5, 1984 as Instrument No. 84- 277642 of Official Records.
C. This item has been Intentionally deleted.
D. An unrecorded easement or Lesser right for underground sewer or drain lines as evidenced by
clean outs located on Parcel B and adjacent thereto, together with any underground lines
appurtenant thereto.
E. An unrecorded easement or Lesser right for Electric Junction box located on Parcel A, together
with any underground lines appurtenant thereto.
17. Rights of parties in possession.
First American Title Insurance Company
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
SEP ' 4 7P00,
Agenda Item No. 16
September14, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran, Senior Civil Engineer
949 - 644 -3315 or atran @newportbeachca.gov
SUBJECT: JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 —
APPROVAL OF SETTLEMENT AGREEMENT WITH 3901 MACARTHUR
BLVD., LLC
ISSUE:
In order to construct the Jamboree Road Bridge Widening over State Route 73 project, a
portion of real property is required from 3901 MacArthur Blvd., LLC. Staff has reached an
agreement with this property owner in the amount of the just compensation value as shown
in the appraisal. A fully executed Settlement Agreement is needed in order to record this
real property acquisition and proceed with escrow.
RECOMMENDATION:
1. Approve the Settlement Agreement with 3901 MacArthur Blvd., LLC for the
acquisition of real property for the Jamboree Road Bridge Widening over State
Route 73 Project and authorize the Mayor and City Clerk to execute the Settlement
Agreement and Certificate of Acceptance.
2. Authorize staff to open an Escrow account and make the necessary payment to
complete the transaction.
DISCUSSION:
The Jamboree Road Bridge Widening project involves widening the west side of the
Jamboree Road Bridge overcrossing State Route 73 to accommodate one additional thru
lane in each travel direction. The roadway leading to the bridge will also need to be
widened in order to transition to the proposed lane configuration across the bridge.
Therefore additional public right -of -way will need to be acquired from the following three
properties:
1. SK Hart Bayview, LLC (former Downey Savings and Loans)
2. 3901 MacArthur Blvd., LLC (Newport Lexus)
3. Back Bay Court Property Co.
}mboree Rd. Bridge Widening — Approval of Settleme....._.- reement with 3901 MacArthur Blvd., LLC
September 14, 2010
Page 2
The attached, exhibit shows the location of the proposed additional public right -of -way
required to construct the project. This project will only require a portion of real property
from each of the three affected properties.
A Settlement Agreement with SK Hart Bayview, LLC (former Downey Savings and Loans)
was executed on June 8, 2010. The Easement Deed has been recorded by the County of
Orange.
A formal property appraisal for 3901 MacArthur Blvd., LLC (Newport Lexus) was completed
in November 2009. On February 1, 2010, an initial offer was made in the amount of
$110,000.00 which was the just compensation amount as determined by the appraisal. As
part of negotiations, City staff agreed to an additional $29,452.00 for the reconstruction of
the landscape and irrigation improvements by the property owner's landscape contractor.
This portion of landscape and irrigation improvements was originally part of the City's
construction contract as it will be impacted by the City's construction activities. The total
compensation amount is therefore $139,452.00. The Settlement Agreement along with the
Easement Deed and Temporary Construction Easement has been executed by 3901
MacArthur Blvd, LLC and are attached.
In addition to the $139,452.00, staff anticipates needing an additional $5,000.00 to pay for
escrow fees and other miscellaneous fees associated with this transaction. Upon demand
from the escrow agent, all funds will be deposited into an escrow account in the form of a
check. Surplus funds will be refunded to the City upon close of escrow.
ENVIRONMENTAL REVIEW:
Acquisition of real property is administrative in nature and is not subject to the California
Environmental Quality Act (CEQA) requirements. The construction of the Jamboree Road
Bridge Widening over State Route 73 Project was determined to be exempt pursuant to
Section 15301 of the CEQA Implementing Guidelines.
PUBLIC NOTICE:
Public notification is not required for real property acquisition.
FUNDING AVAILABILITY:
There are sufficient funds for this property acquisition available in the following account:
Account Description Account Number Amount
Transportation and Circulation 7261- C5100784 $ 144,452.00
Total: $ 144,452.00
Prepared by:
ndy Tr , P. E.
Kwsenior Civil Engineer
imboree Rd. Bridge Widening — Approval of Setveme,, ,greement with 3901 MacArthur Blvd., LLC
September 14, 2010
Page 3
Attachment: Exhibit 1 - Settlement Agreement (2 originals)
Exhibit 2 - Easement Deed and Certificate of Acceptance
Exhibit 3 - Temporary Construction Easement
Exhibit 4 - Right -of -Way Exhibit
Exhibit 5 — Owners Cost Proposal to Re- Construct Frontage Landscape
,_ 1
'..�
�Y�
APN: 427 - 241 -14 (3901 Mac Arthur Blvd., LLC)
TITLE REPORT NO: Stewart Title, 258133
PROJECT: Jamboree Road Bridge Widening Over State Route 73
SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTERESTS AND JOINT ESCROW INSTRUCTIONS
This SETTLEMENTAGREEMENT FOR ACQUISITION OF REAL PROPERTY INTERESTS
AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is entered into this day of
, 2010 by and between the City of Newport Beach, a Municipal
Corporation (hereinafter called "Buyer "), and 3901 Mac Arthur Blvd., LLC, a California Limited
Liability Company (hereinafter called "Seller') for acquisition by Buyer of certain real property and
interests in real property hereinafter set forth.
WHEREAS, Buyer desires to acquire certain easements and all of Sellers rights, interests
and title in and to a portion of Sellers real property for the Jamboree Road Bridge Widening Over
State Route 73 Project ( "Project "). The real property interests to be acquired herein are more
particularly described in the following attached Exhibits:
i. Easement Deed (for street, sidewalk, and other right -of -way purposes) with legal
description and plat map attached, Certificate of Acceptance; Exhibit 1.
ii. Temporary Construction Easement ( forconstruction purposes) with legal descnption
and plat map attached; Exhibit 2
WHEREAS, Seller desires to sell to Buyer the above described real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of California, Buyer
has established an amount believed to be just compensation for such property interests and has
advised Seller of the basis for its determination of just compensation; and
WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such
property interests and acknowledges such compensation is no less than fair market value; and
WHEREAS, the easement deeds conveying such property interests have been executed and
delivered to Overland, Pacific & Cutler, Inc., the Real Property Agent representing the Buyer.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees
to purchase from Seller, upon the terms and for the consideration set forth in this Agreement
(hereinafter called "Agreement"), all that certain real property and easements (hereinafter
collectively "Property') situated in the City of Newport Beach, County of Orange, State of
California, and legally described as follows:
SEE EXHIBITS "1 "AND "2" ATTACHED HERETO
AND BYTHIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price of the Property, payable in cash through
escrow, shall be the sum of One Hundred Thirty Nine Thousand Four Hundred and Fifty Two
Dollars ($139,452.00).
3. CONVEYANCE OF TITLE.
3.1. Seller agrees to convey to Buyer by easement deed in the form of Exhibit " 1 ", certain
real property interests to the real property described therein free and clear of all
recorded and unrecorded liens, encumbrances, assessments, easements, leases,
and taxes EXCEPT:
a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall
be cleared and paid in the manner required by Section 4986 of the Revenue and
Taxation Code, if unpaid at the close of this transaction.
b. Quasi - public utility, public alley, public street easements, and rights of way of record
(except rights in any such items conveyed under this Agreement).
c. Items numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in the preliminary title report
issued by Stewart Title of California Company for the larger parcel owned by Seller
and dated as of October 2, 2009 (Order No. 258133).
3.2. Seller further agrees to convey to Buyer, a temporary construction easement in, on,
over and above the portion of the Seller's Property depicted on the attached
Exhibit "2" and incorporated herein by this reference.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Exhibits 1 -2,
provide the Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of
$94;550 issued by Stewart Title of California Company showing the title to the real Property
identified in Exhibit 1 vested in Buyer, subject only to the exceptions set forth in Paragraph
3.1 of this Agreement and the printed exceptions and stipulations in such policy. Buyer
agrees to pay the premium charged therefore.
5. ESCROW. Buyer agrees to open an internal escrow in accordance with this Agreement with
Overland, Pacific & Cutler, Inc. This Agreement constitutes the joint escrow instructions of
the Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to perform all acts
reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver such easements as referenced in Paragraph 3, above, to
Escrow Agent concurrently with this Agreement. Afteropening of escrow, Buyerwill deposit
executed Certificates of Acceptance with Escrow Agent. Buyer agrees to deposit the
purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with
Escrow Agent any additional instruments as maybe reasonably necessary to complete this
transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and maybe transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to
place title in the condifion necessary to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and /or delinquent or non- delinquent assessments or bonds except those
which title is to be taken subject to in accordance with the terms of this Agreement;
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest on
note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due
and payable in accordance with terms and conditions of said trust deed(s) or
mortgage(s) including late charges, if any, except penalty (if any), for payment in full
in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s)
or beneficiary(ies) entitled thereunder;
d. Pay and charge Buyer for all reasonable fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial or full reconvenances
of deeds of trust or release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
f. Disburse funds and deliver the easement deeds when conditions of this escrow have
been fulfilled by Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date
necessary instruments of conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is authorized if necessary or
proper in the issuance of the policy of title insurance.
All time limits, within which any matter herein specified is to be performed may be extended
by inutual agreement of the parties hereto. Any amendment of, or supplement to, any
instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS
SOON AS POSSIBLE.
T ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Sellers
usual fees, charges, and costs which arise in this escrow.
8. FULLAND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of any and
all claims against Buyer, by reason of Buyers acquisition of the Property, specifically
including, any and all damage to Seller's remainder Property by reason of the acquisition of
the Property or the installation of the improvement Project in the manner proposed, the value
of improvements pertaining to the realty, leasehold improvements, any and all claims of
rental or leasehold value and loss of business goodwill, any claim of Seller for relocation
benefits or assistance, and any and all claims in inverse condemnation and for
precondemnation damages, and any and all other claim that Seller may have, whether or not
specifically mentioned here, relating directly or, indirectly to the acquisition by Buyer of the
Property. Seller and Buyer, and each and all of their individual collective agents
representatives, attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of them, from
any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating tojust compensation,
damages, which any of them now have, or might hereafter have by reason of any matter or
thing arising out or in any way relating to Buyer's acquisition of the Property interests
described herein.
9. CONSTRUCTION CONTRACT AND CURATIVE WORK AND OTHER CONSIDERATION.
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
assigns, shall perform the following construction contract items at the time of the
installation of the proposed Project:
i. Buyer shall remove a portion of the existing block wall between APN: 427-
241-14 and APN: 427 - 241 -09 and refinish newly exposed wall surfaces as
shown on the contract drawings Sheet L -2A
ii. Buyer shall perform all Project work as shown on the construction drawings
prepared by RBF Consulting plans dated March 18, 2009.
iii. Seller will be added to the contractor's liability insurance as additional
insured for the duration of the temporary construction easement
b. It is understood and agreed by and between the parties hereto that the
compensation paid to Seller through this Agreement includes the value of and cost to
relocate, reconstruct, and /or refurbish existing landscape and irrigation
improvements impacted by the Buyer's construction activities as outlined in the
attached Exhibit "3" (Frank Torres Construction Quote dated April 6, 2010). It is also
understood that the $5,000 contingency fund as identified in Exhibit "3" is only to be
used to cover unforeseen conditions related to the original landscape and irrigation
scope of services. The Seller shall refund any and all unused contingency funds to
the Buyer at the completion of the work.
c. If Is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject Property by the City,
including the right to remove and dispose of improvements, shall commence on July
1, 2010 or the close of escrow controlling this transaction, whichever occurs first, and
that :the amount shown in Paragraph 2 herein includes, but is not limited to, full
paymenfforsuch possession and use, including damages of subject Property, if any,
from said date.
d: All work done under this Agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in
a good and workmanlike manner. All structures, improvements or other facilities,
when removed, and relocated, or reconstructed by the City, shall be left in as good
condition as found.
e. City agrees to indemnify and hold harmless Seller from any liability arising out of
City's operations under this Agreement. City further agrees to assume responsibility
for any damages proximately caused by reason of City's operations under this
Agreement and City will, at is option, either repair or pay for such damage.
10. OTHER CONSIDERATIONS. Access to the temporary construction easement area and all
work done under this Agreement shall be done from the street side.
11. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project
planning and funding purposes the Seller hereby grants to Buyer and authorized agents or
contractors, the right of possession to the area described in Exhibits "I" and "2" to perform
the work described in Paragraph 9a. However, said right of possession and use shall not be
exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written
notice to perform the construction items listed in Paragraph 9a above.
The right to use the Property shall continue in effect for a period of three (3) months. Said
use shall begin from the date Buyer, or Buyer's agent, provides Seller with a 48 -hour prior
written notice. All efforts shall be made to complete the described work within the proscribed
period of time; however, extraordinary circumstances may occur which may require
additional time to complete the work (i.e. rain, acts of god, labor dispute, shortage of
materials, etc.). It is agreed that should the actual use extend beyond the time period
delineated above, the Buyer agrees to pay the Seller $1,800.00 per calendar day except
when the delay is caused by either rain or any acts of god. In which case, the Buyer will be
allowed additional working days at no cost to the Buyer. The number of additional working
days will be equal to the number of days delayed by either rain or any acts of god.
It is further understood that the Temporary Construction Easement shall terminate upon the
earlier of 1) substantial completion of the improvements, or 2) December 15, 2012.
12. RENTAL AND LEASEHOLD INTEREST Seller warrants that there are no third parties in
possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or
invitees, and that there are no oral or written recorded or unrecorded leases or other
agreements concerning all or any portion of the Property exceeding a period of one month,
except the existing lease with DWWTL. Seller further agrees to hold Buyer harmless and
reimburse Buyer for any and all of its losses and expenses occasioned by reason of any
lease of such Property held by any tenant of Seller for a period exceeding one month.
13. ACQUISITION UNDER THREAT OF EMINENT DOMAIN. Seller and Buyer acknowledge
that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges
that the sums • received from Buyer under this Agreement constitute full payment of just
compensation under threat of eminent domain (including, but not limited to, compensation
for the fair market value of the real property taken, severance damages, improvements to
the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory,
loss of business goodwill, relocation benefits and assistance, court costs, litigation expenses
and any interest which might be due on such matters). Seller acknowledges that the
amounts paid underthis Agreement constitute the total amount due Seller, and that no
further payments are due, owing or payable: Seller waives anyother claims it might have for
further payment or further compensation, including attorneys fees, costs and interest.
14. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and /or covenants to Buyer that:
a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Property or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
b. To the best of Sellers knowledge, there are no encroachments onto the Property by
improvements on any adjoining property, nor do any buildings or improvements
encroach on other properties_
c. Until the closing, Seller shall not do anything which would impair Sellers title to any
of the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's Property may be bound.
e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in 'these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
15. HAZARDOUS WASTE. It is understood that the Property does not appear to contain
hazardous materials including but not limited to gasoline /oil storage tanks, fertilizer or
pesticide storage tanks, or any contaminant. However, should hazardous materials be
found to exist on the Property, the Buyer may exercise its right under existing law to bring an
action, if necessary, to recover clean -up costs from Seller or any other who are ultimately
determined to have responsibility for such hazardous materials condition of the Property.
16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitute such acceptance and approval.
18. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been
involved in this transaction. Buyer and Seller agree to indemnify one another against any
claim, suits, damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said' claimant.
19. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to thejurisdiction of
the California Courts with venue in Orange County.
20. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller.
21. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
22. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between the
parties with respect to the matters contained in this Agreement. Any waiver, modification,
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby. No waiver byany
party of any breach hereunder shall be deemed a waiver of any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
Mailing address of Seller
1400 N. Tustin Street
Orange, CA 92867 -3902
Mailing Address of Buyer
P.O. Box 1768
Newport Beach, CA 92658 -8915
APPROVED AS TO FORM:
Office of the CityAttomey
By:
yn t Beaucha p, ssistant City
Attorney
SELLER:
3901 MacArthur Blvd., LLC, a California
Limited Liability Company
By:
in
BUYER:
The City of Newport Beach, a Municipal
Corporation
BY:
Keith Curry, Mayor
ATTEST TO:
By:
Leilani I. Brown, City Clerk
i
r
�,,�
� �
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 427 - 241 -14 (Portion)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
3901 Mac Arthur Blvd., LLC, a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for public STREET AND UTILITY purposes and all other uses
appurtenant thereto in, on, over, under, and through the real property in the City of
Newport Beach, County of Orange, State of California described in Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part
hereof.
IN WITNESS WHEREOF, the grantor hereto has caused this Easement Deed to be
executed as of this day of 12010.
91
Im
Signatures must be acknowledged by a notary public
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by that certain Easement Deed from 3901 Mac Arthur Blvd., LLC, a California
limited liability company to the City of Newport Beach, a municipal corporation, hereby
accepted on , 2010, by the undersigned officer on behalf of the City of
Newport Beach pursuant to authority conferred by Resolution No. 92 -82 of the City
Council adopted on July 27, 1992. The City consents to the recordation of said
document in the Office of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne Beau h mp,
Assistant City Attorney
ATTEST:
By:
Leilani 1. Brown:,
City Clerk'
State of California j
County of ORANGE }'
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Keith Curry,
Mayor
on before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me.that he executed the same in his authorized
capacity(ies), and that by his signature on the instrument the person, or the: entity upon behalf of which the
person(s) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
LIXMIBIT"A"
tfj GIA DESCRIPTION
RIGHT-Or-WA-11
That qeijain partol of land situated in the City of Newpoitl3mQh, County of Orange, State of
California, being that jabrtipii;afl`aicel Lof City ptNexyportRoidi Lot: Line Adjustment No. LA
20 5�0.0$ recorded J*uary;26, 190.6 as Instrument &o..:20,066040604 I.Or of Official Records ii,
the Officeof the, County R-6cordor,of'sa d )Cjnnggc County; described as fdlloAs,:
BE' GM WING at the most V44ty-': ponieT of said,ftrbel I I of Ditthic A4jusfmcut No; LA
X005 9t�8; thence aloirg,fliesouthwestefYy line of surd Parcel ] l�rbittr49 °22'96 "'?rest 10_10: feet
point oil, a: non ttangent;d COAOO*C�6 uortliwesterly -and hawig,s.:radijis of 240.08 fept, a
aadial. line ',' of said oun,o from said point beavgNotth, 4604.'14, V' ZYpng-,t4eopq: along said cut ve
F
northwesterly 3JI56 feet l; _t
angle of
theri
070311521!� -c
v ZnGn4aft96h:A--JQl said c ut !e
;South 48?OO. Egat LG0'feb�(jlh�6a=Norch 41-956127R East f — certain
cpnrpe oqjhe northwesterly �'_W10&way
of buibboo Rq,44 shown _as "Nbiffi,W26!49!! Bast
20w(` on sild. Lot
pplu.t, being distantthereon $.o`qth,'"3 ZUO - Ot
IdT. $,I fromt enOthea ster Tytenn m us
thoredt thetice vg said nol. lilvester
A'
�9026'27 We st I t. o foci 444.
SOuf4,41 -,2 West 126.29 feet to the Pom QJT
attazlied
DATA TABLE
------------------------------------
(No BRNG/DEELTA RADIUS LENGTH
----------- ---------- I --------
I K149'22'06"W — 10.10'
2 07'31'52" 240.09' 31.5o` 3 . S48'03'32"E -- 1.00'
QNLESS OTHERWISE NOTER, ALL BEARINGS AiND
DISTANCES IN TH.18. OES-CRIPTION ARE GRID
BASED ON THE M. IF "', ARVYWE SYSTEM,:
ZONE VI 1483:NAD (19M.35 EPOCH
WS ADJUSTMENT) . TO QaTX-j!N,
DISTANCES DIVIDEMISTANCES SHOWN BY
b'A8qO352.
PAR I.
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Orange County Assessor's
Parcel Number: 427 - 241 -14
FULL [ ] PORTION [X ]
Exempt from Documentary Transfer Tax
Pursuant to R&T Code § 11922
(Space above this line for Recorders use)
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
3901 Mac Arthur Blvd., LLC, a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for construction ` purposes in, on, over, under, and through the real property in the
City of Newport Beach, County of Orange, State. of California described on Exhibit "A" and
shown on Exhibit "B'', which exhibits are attached hereto and by reference made a part hereof.
This easement shall terminate upon the filing of a Notice of Completion for the Jamboree @
SR73 Project or within two years of the date of this document shown below.
IN WITNESS WHEREOF, the Grantor hereto has caused.this Easement Deed to
be executed as of this day of 2010.
M
In
"Signatures must be acknowledged by a notary public
-EXHIBIT "A"
LEGAL DkS-CIUPTION
TMVIPOIZARY CONSTRUCTtONI EASEINTE NT
Tfidt,certdin parcel of I-amd situaW, in the City ar Nm port ae zO, Count' of Orange, 'State of
Qbliforrda, being ,that
p
2.005�OQ8 : fecor.46du January W 2006 . as.hish-ument, No. 20,060000604-1.0 of OfficialOfficialRecords iii rOs �
ttip Office of the
at g point in the southivesledy,llifi& Asaid P. arcel I of Lot Lixic Adjust orent \110,
LA 2005A08°, distant thbreon.Nottlt 49 °22-'0,-6-," ];0.10 feet from the most southerly cofiier
tber.m sand paint; berrig
pp ngg4an.gerif, a fadloo, of
�said poin t bears North 40°31'41 Test., thence- along;
I-thetic
thaf certain, course on .the north v:estetl3 i ay of Jamboree Road: showa 0
said pointbeiii:g. 8i
Lot UR6- AdjbW46in.,. stant,.#ier"
South 3:9 26'2?" t?✓est 107:- 1 feet front t1r ngrtli- asterly fqI.. =
iiqs theeof thence Mang, safd-
East , 5-8-R2 . feet- thence Nonh48 ?.0442, st: 2?,§
'h&.41eiiae 7'24" -8 th A -SO
Ott 4MW?Y W f eet* the n ce
S (h6
ou 'T10-qIt7,1!'WW 14..23 :feet to sdid sout y 'lilielorfsaid.Parc.ol.1'theii(��.41.�j '0
S�Wdkll�*%W IWIMAi Red to ft, POINT 01 F 0 :. E , 0". M, N'. NIP
V—G'N' QM-2,AM*, hi0re 000;
Kart IE. Troxeil )'1 7.854 Date
DATA TABLE
------ — --- ------- --------- — ------
QRNG/DELTA RADIUS - ------ ------
1'449'22'061 10'
2s o7'31'52" 240-08' 3L56'
3 S48'03'32"E
M46*04'42"w
5 S49'22'06"E 19,32'
UNLESS OTHERVISE NOTED, ALL BrIMTN S AM
6jSTANGIs IN THTS DESCRIPTIOT RE GR
BASED Ott THE
lbl
CALIFORN IA COaRDMATE SYSTEM,
(gcags) -ZONE vi 143 NAD (T$ -5
91_3 EPQQH
cp,s ADjU&T.6,,EmT). To OBTAIN 9ROCto
- I i 5 , .",
DISIMMS DIVIDE D ISTAMM—S SH 6ON V
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SR•73 I JAMBOREE ROAD
OVERCROSSING
WBLICNCPX6CFDNRAKM
' 1
April 6, 2010
City of Newport Beach
Attn: Mr. Andy Tran
2L "REVISED PROPOSAL
RE: NEWPORT LEXUS
3901 MACARTHUR BLVD, NEWPORT BEACH, CALIFORNIA 92660
LANDSCAPE REPAIRS — AFTER ROAD WIDENING
Dear Mr. Tram,
We are pleased to submit for you approval, our 2nd revised proposal to provide all labor,
materials, tools and equipment necessary to accomplish the work described herein at the above
referenced project.
Our proposal is based on onsite meeting with Mr. Andy Tran on 3/9/10 and includes the
following:
L LANDSCAPE REPAIRS — AFTER.ROAD WIDENING
• Upon completion of the city's street widening, affected arrears to be received
within 3" of new final grade
• Fine grade, feather into existing sod areas, import soil amendments and prepare
for new sod
• Remove sections of additional sod for feathering
• Relocate, modify and repair affected irrigation system as required
• Install approximately 6050 square feet of new Marathon II sod
• 12 — Each 5 gallon `Buxus Japonica" for planter
PLANTER NEAR PROPERTY LINE
Modify existing concrete mow strip — demo section and replace approximately 11
lineal feet of new curved concrete mow strip, this modification will increase the
size of the planter
23600 El Toro Rd Suite D # 333 • Lake Forest, CA 92630 • (949) 951 -0293
State Contmaor's License # 375990
Modify irrigation as required
Remove affected plants in planter near property wall on 10' construction
easement prior to commencing street widening project by city. Frank Torres
construction will dig up and can approximately 118 — Each 5 gallon "Day Lilies ".
We will then transport them to our yard and care for these plants for
approximately 90 days. Upon completion of the project, we will return plants and
replant. We will also supply an additional 24 — Each 5 gallon "Day Lilies ", to be
planted for new increased planter.
All necessary labor, parts and equipment as required
ALL OF THE ABOVE DISCUSSED WORK
COMPLETE FOR THE SUM OF $ 24,452.00
CONTINGENCY AS REQUSTED $ 5,000.00
TOTAL AMOUNT INCLUDING CONTINGENCY $ 29,452.00
PLEASE NOTE
• The City's construction contractor will only perform grading within the temporary
construction easement (TCE). All necessary work beyond the TCE limits is
included with this proposal.
• This proposal includes a 90 -day plant establishment and maintenance period. All
plant materials and irrigation system damaged during this period shall be repaired
and/or replaced at landscape contractor's expense.
• All items as listed above per meeting with Mr. Andy Tran
• . Anything not listed above is not included
• Our quote is based on a quality and premium installation per standard required by
Newport Lexus. We have made no provisions for any special requirements that
may be required by the City of Newport Beach and any other governing agencies.
TERMS
PAYMENT IN FULL UPON COMPLETION
23600 El Toro Rd, Suite D # 333 • Lake Forest, CA 92630 • (949) 951 -0293
Slate Contractor's License# 375990- - - -
THE FOLLOWING EXCLUSIONS APPLYEXCEPT WHERE NOTED ABOVE:
Any special requirements from governing agencies. Deputy inspectors. Soils reports or any
work related. Homeowners association fees. Site power and /or utilities. Anything not listed
above is not included.
We appreciate the opportunity to bid this project and hope that you will find our proposal
acceptable.
Sincerely,
FRANK TORRES CONSTRUCTION
Frank Torres
FT /dt
23600 El Toro Rd, Suite D #333 • Lake Forest, CA 92630 • (949) 951 -0293
State Contractor's License H 3759W
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