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HomeMy WebLinkAboutC-4819 - Standard Agreement-Marina Park Title Settlement/Land Exchange Granted Lands, Orange County G09-02,Mf STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE LANDS COMMISSION I A -A GAVIN NEWSOM, Lieutenant Governor JOHN CHIANG, Controller ANA J. MATOSANTOS, Director of Finance SENT VIA EMAIL AND REGULAR U.S. MAIL Email: mtorres@newportbeachca.gov March 11, 2011 Mr. Michael Torres Newport Beach City Attorney's Office 3300 Newport Blvd. P.O Box 178 Newport Beach, CA 92658 Dear Mr. Torres: EXECUTIVE OFFICE 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825-8202 CURTIS L. FOSSUM, Executive Officer (916) 574-1800 Fax (916) 574-1810 'a4forgia, Ke1a,Y,Service TDD Phone 1-800-735-2929 C iT ` '.W (`16k Voice Phone 1-800-735-2922 MAR 17 2011 File Ref: SB501 Harman The staff of the California State Lands Commission has reviewed the various statutes granting, in trust, certain tidelands and submerged lands to the City of Newport Beach including Chapter 74, Statutes of 1978, as amended by Chapter 317, Statutes of 1997. Commission staff has also reviewed the Senate Bill 501 (2011-2012) authored by Senator Harman. In particular Section 1, paragraph 3(g) involves three parcels of land A, B and C which are described in Section 6 of Chapter 74. Section 1, paragraph 3(g) states that the City may lease the lots within the 3 parcels "for terms not to exceed 50 years." The City must receive fair market rental value as consideration for the rental of these properties and the form and range of consideration of the lease shall be approved by the CSLC prior to issuance. The City must also deposit money received from these leases into the City's tideland trust fund as provided in Section 2 of Chapter 317. It is Commission staff's understanding that there may be some confusion in the interpretation of Chapter 317, in particular, the City's ability to issue leases for lands commonly referred to as Parcels A, B, C as described in Section 6 of Chapter 74. Staff understands that the City is interested in having the ability to issue new leases for up to a 50 year term in order to allow for the new buyers to obtain standard 30 year mortgages and to protect the value of these leased parcels thereby ensuring that the City is maximizing the amount of money coming into the trust. Pursuant to Chapter 317, the City currently has the authority to issue leases for a term of 50 years. Under the existing statute the City could not extend the term of an existing lease beyond a 50 year term but it could, at any time, terminate that existing lease and issue a new lease for a term not to exceed 50 years. AT 31IB/11 t4l Mr. Michael Torres March 11, 2011 Page 2 It is the opinion of Commission staff that SB 501 is unnecessary and that the City has already been granted permission from the Legislature to issue 50 year leases moving forward. If you have any questions please contact Kathryn Colson, Staff Counsel, at (916) 574-1850. Sincerely, CURTIS L. FOSSUM Executive Officer STATE OF CALIFORNIA California State Latuls Commissio 100 Howe Avenue, Suite 100 South Sacramento, California 95825 EDMUND G. BROWN JR., Governor Date: June 2, 2011 Agreement #: R 25309 To: City of Newport Beach ATTN: David Webb, Deputy Director Public Works 3300 Newport Beach Newport Beach, CA 92663 From: Beth Pett, Reimbursement Administrator California State Lands Commission 100 Howe Avenue, Suite -100 South Sacramento, CA 95825 -8202 Subject: Standard Agreement Marina Park Title Settlement/ Land Exchange Granted Lands, Orange County G09 -02 Enclosed is a fully executed agreement for your records. Please call Kathryn Colson, Staff Counsel, at (916) 574 -2501 if you have any questions. Enclosure Copies to: Kathryn Colson, CSLC - Legal STATE OF CALIFORNIA STANDARD AGREEMENT s1D.213 (nev, 06113) REVISED 4/5/2011 REGISTRATION NUMBER I. This Agreement is entered into between the State Agency and the Contractor named below: STATEAGEN0 %\A•IF California State Lands Commission (CSLC) CONTR VTOR'S V VIE City of Newport Beach (City) 2. The term of this Agreement is: May 26, 2010 through May 25, 2013 3. The maximum amount of The parties agree to comply with the terms and conditions of the tollo%%iug exhibits which are by this reference made a part of the Agreement. Exhibit A— Scope of Work _ _ __ 1 _ _ Pages) Exhibit B — Budget Detail and Payment Provision/Definitions and Terms _ 2 Page(s) Exhibit C — General Terms and Conditions 2 Page(s) Check mark one item below as Exhibit D: 0 Page(s) Exhibit D — Special Terms and Conditions (attached hereto as part of this Agreement) Items shown with an Asterisk —(*)are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at http://www.ols.dgs.ca.00v /Standard +Language /default.htm. CONTRACTOR CONTRACTOR'S NAME (ry hrr rbrm .... .•f. fair rdnFer n rorpomb �u. (•.•mrr•'np. rtr 1 Cif B of Newport each BY AuMonceA tignnar / D%TESIGNED S - l P NAUlG� IT Or ►E �O Sit, /� ADDRESS (��/ (^frS�J�C�/. ( //l //I• e ( �/ ele 3300 Newport Boulevard, Newport Beach, CA 92663 STATE OF CALIFORNIA AGENCY NAME 'Calif r`niaState Land Commission 91'I rla�.e Si unrl DA'IE_$IGNED PRINTED NAME AND TI r I FD PERSO \SIG \ING S David W. Brown, Chief, Administrative & Information Services Division ADDRESS 100 Howe Avenue. Suite100 CONTRACT REVIEW AND APPROVAL RECOMMENDED BY LEGAL: Jim Frey, Staff Counsel California 95825 -8202 Department of General Services N Exempt per GC 614616 EXHIBIT A SCOPE OF WORK City of Newport Beach R 25309 / G09 -02 1. Work to be Performed — The City of Newport Beach has requested assistance from the California State Lands Commission's staff for the Marina Park Title Settlement / Land Exchange project involving granted tidelands in the City of Newport Beach located within Orange County and identified by the State's file reference number G09 -02. The State hereby agrees to perform the following services: A. Staff involvement will include: title settlement / land exchange negotiations; review for public trust consistency; review for granting statute consistency; legal review; title and boundary analysis; review and analysis of land appraisals, review and preparation of legal description and plats, CSLC consideration. B. This Agreement is entered into by the parties hereto with the express understanding that the State cannot assure: 1) final approval of the Marina Park Title Settlemenf/Land Exchange Agreement, permit or lease for the proposed project; 2) that permits from other State or local permitting agencies are obtainable: 3) that either party by entering into this Agreement is representing that the project will go forward as proposed, and 4) that either party is irrevocably committed to proceeding with this project. 2. Parties' Agents A. The State's Project Officer shall be: Kathryn Wiens Colson Legal Office 100 Howe Avenue, Suite 100 - South Sacramento, CA 95825 Tel. (916) 574 -2501 Fax (916) 574 -1855 E -mail: Kathrvn.Colson(@,slc.ca.gov B. The City's Project Manager shall be: David Webb, Deputy Director of Public Works City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Tel (949) 644 -3328 Fax (949) 644 -3318 Email: DWebb(a7newportbeachca.ciov 3. Notices and Authorities A. Any notice or other written communications required or permitted under this Agreement may be personally delivered in writing to the Project Officer or Project Manager, or may be sent by certified mail, return receipt requested, to the address staled above and shall, based on such delivery or sending, be deemed to have been effectively communicated. Either party may change such address by written notice to the other party. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing. B. The Project Manager shall have full authority to act on behalf of the City for administration of the project. All communications given to the Project Manager shall be as binding as if given to the City. C. The State may change its Project Officer at any time by written notice to the City, The City may change its Project Manager at any time by written notice to the State's Project Officer. City of Newport Beach R 25309 / G09 -02 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISION /DEFINITIONS AND TERMS Invoicing and Payment — The City agrees to reimburse the CSLC for all reasonable costs associated with the processing of its request according to this Standard Agreement whether prior or subsequent to the execution of this Agreement. Processing costs shall include, but not be limited to, 1) actual costs of the State staff time to conduct the following: document processing, negotiation of terms and conditions, field inspections (travel and per diem), preparation of field reports, technical and legal reviews, boundary services, and consultation and coordination; 2) consultant contracts or preparation of any portion of the project application, should the State deem such work or any additional work to be necessary; 3) any other associated activity involved in processing the application described in Exhibit A. Staff costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits and administrative overhead. The invoice shall be mailed to the City's Project Manager. Payments shall reference the Agreement number assigned to this project and must be mailed to the following address: State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825 -8202 Attn: Fiscal Services 2. Estimated Reimbursable Costs —The initial estimated costs are based on the information and contracts existent as of the date of this Agreement, it is estimated that the itemized reimbursable costs for Work To Be Performed will be: Approximate Total Cost $10,000.00 3. Expense Deposits and Billings — An amount of $6,734.23 from a prior deposit is on file with the CSLC. Of this amount, $1,000 shall be held as a surety against future billings. The balance shall be applied to future billings as they occur. Staff costs incurred by the State pursuant to this agreement shall be billed in arrears on a monthly basis. All payments are due 30 days from the date of the invoice. The State reserves the right to demand an additional deposit should the City fail to pay invoices within the time specified. 4. Additional Costs or Services — City will be advised of any estimated cost increase in writing in accordance with this Agreement should the need for additional services become known or as costs previously estimated exceed the above estimate. Upon notification of the need for additional funds, the City shall have the right to terminate this Agreement in accordance with the Termination clause; or dispute the change. The City shall have the option to dispute or accept the increase with all the terms and conditions of this Agreement being unchanged and in effect. City shall notify the State within five (5) days of notice of any intent to terminate the Agreement or dispute the change. Non - response shall be acknowledged as acceptance of the additional charges and the City will be billed for the balance in accordance with the terms above. 5. Definitions and Terms - Wherever the following abbreviations and terms (or pronouns in place of them) are used, the intent and meaning shall be interpreted as provided in this section. Working titles having a masculine gender, and pronouns . referring to such said titles, are utilized in this Agreement for the sake of brevity and are not intended to refer to either sex or the neuter. All references to the singular shall refer also to the plural. All references to the plural shall refer also to the singular. A. The term "Agreement" refers to this document as executed by the City and the State. This document includes Standard Form and any attached Exhibits. The term "Scope of Work" refers to all staff services necessary to process the City's proposed project but shall not include staff services for environmental analysis or project mitigation monitoring pursuant to CEQA. City of Newport Beach R 25309 / G09 -02 C. The term 'Project" means that activity which is the subject of the application for a permit, lease or other entitlement from the State. The term 'Project Manager" refers to that person appointed or designated by the City to administer the project for the City. E. The term 'Project Officer' refers to that person appointed by the State to process the project application. City of Newport Beach R 25309 / G09 -02 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. Assignment — Without the written consent of the State, this Agreement is not assignable by City either in whole or in part. 2. Timeliness —Time is of the essence in this Agreement. 3. Deviations — Any alteration or variation of the terms of this Agreement shall be invalid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.. 4. Indemnification — The City shall defend, indemnify and hold harmless the State, and any and all agencies thereof, against any and all claims, liabilities, charges, losses, expenses and costs that may arise from, or by reason of, any action or inaction by the State or any of its officers, employees or agents in connection with the issuance or denial of any lease, permit or other entitlement, or as a result of approvals or authorizations given by the State to the City pursuant to or as a result of City's project, whether it involves provisions of the issued lease or permit, provisions or certification or adoption of an environmental impact report or other document prepared pursuant to the CEOA, or provisions of some other regulations, requirements or programs by the State, except for any such liability, claims, damage or injury caused solely by the active negligence of the State its officers, agents and employees. This obligation of the City to indemnify, defend and hold harmless the State shall not apply to the extent that any such obligation to indemnify, defend and hold harmless the State is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this agreement; and further, the provisions of the preceding sentence shall not apply to any claims, litigation or other actions which may be brought by the City against the State in relation to any of the matters in connection with the City's project or this agreement. 5. Governing Law —This Agreement shall be governed by the laws of the State of California, both as to nterpretation and performance. 6. Amendments — Amendments to this Agreement may be proposed by either party and shall be effected by issuance of a written instrument executed by both parties. The Agreement price may be equitably adjusted to reflect any additional costs or new savings resulting from such amendment(s). 7. Termination — Either party may elect to terminate this Agreement by written notice at any time prior to referral of the project to the Commission upon ten (10) days written notice to the other party. The City agrees that in the event of termination of this agreement by either party as provided above, it shall reimburse the State upon its written request one hundred percent (100 %) of all costs incurred by the State in the performance of its obligations as described in this Agreement. 8. Records — Upon five (5) business days notice, the State's records relating to its costs shall be available for the City's audit in the State's office in Sacramento. Said audit shall take place only during regular business hours of the State. Payment of costs by the City shall not constitute a waiver of its rights to audit nor an acknowledgment by the City of the validity of the costs that have been paid. Nothing herein shall be deemed to require the State, its consultants, other contractors and subcontractors to maintain books, records, or documents other than those . usually maintained by them, provided [hat such books, records and documents reasonably segregate and identify the costs for which reimbursement is required hereunder. As used herein, "State's records" include any audit of the consultant by the State or its designated representative as authorized in this Agreement. 9. Disputes — Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under or relating to the performance of this Agreement which is not disposed of by agreement shall be decided by the Project Officer, who shall reduce his decision to writing in regard to the dispute and shall transmit a copy thereof to the City within thirty (30) days. The decision of the Project Officer shall be final and conclusive, unless within thirty (30) days from the date of receipt of such copy; the City transmits to the Slate a written appeal. Said appeal shall be supported with specificity. City of Newport Beach R 25309 / G09 -02 In connection with any appeal proceeding under this clause, the City shall be afforded an opportunity to be heard before the State Lands Commission within sixty (60) days of the receipt by the State of the City's written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute, the City shall proceed diligently with the performance of the Agreement and in accordance with the written decision of the Project Officer which is the subject of the City's appeal including the payment of invoices to the State. The procedure described herein shall not prejudice or deny the City his remedies at law. However, the City agrees to exhaust the procedure described herein before pursuing his remedies at law. All amounts paid to the State under protest shall be held by the State in trust until the dispute is resolved. 10. Unenforceable Provisions — In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 70q STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE LANDS COMMISSION L GAVIN NEWSOM, Lieutenant Governor JOHN CHIANG, Controller ANA J. MATOSANTOS, Director of Finance SENT VIA EMAIL AND REGULAR U.S. MAIL Email: mtorres @newportbeachca.gov March 11, 2011 Mr. Michael Torres Newport Beach City Attorney's Office 3300 Newport Blvd. P.O Box 178 Newport Beach, CA 92658 Dear Mr. Torres: EXECUTIVE OFFICE 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 CURTIS L. FOSSUM, Executive Officer (916) 574 -1800 Fox (916) 574 -1810 California Relay Service Too Phone 1- 800-735 -2929 - Voice Phone 1 -800- 735 -2922 MAR 1 1 2011 File Ref: SB501 Harman The staff of the California State Lands Commission has reviewed the various statutes granting, in trust, certain tidelands and submerged lands to the City of Newport Beach including Chapter 74, Statutes of 1978, as amended by Chapter 317, Statutes of 1997. Commission staff has also reviewed the Senate Bill 501 (2011 -2012) authored by Senator Harman. In particular Section 1, paragraph 3(g) involves three parcels of land A, B and C which are described in Section 6 of Chapter 74. Section 1, paragraph 3(g) states that the City may lease the lots within the 3 parcels "for terms not to exceed 50 years." The City must receive fair market rental value as consideration for the rental of these properties and the form and range of consideration of the lease shall be approved by the CSLC prior to issuance. The City must also deposit money received from these leases into the City's tideland trust fund as provided in Section 2 of Chapter 317. It is Commission staffs understanding that there may be some confusion in the interpretation of Chapter 317, in particular, the City's ability to issue leases for lands commonly referred to as Parcels A, B, C as described in Section 6 of Chapter 74. Staff understands that the City is interested in having the ability to issue new leases for up to a 50 year term in order to allow for the new buyers to obtain standard 30 year mortgages and to protect the value of these leased parcels thereby ensuring that the City is maximizing the amount of money coming into the trust. Pursuant to Chapter 317, the City currently has the authority to issue leases for a term of 50 years. Under the existing statute the City could not extend the term of an existing lease beyond a 50 year term but it could, at any time, terminate that existing lease and issue a new lease for a term not to exceed 50 years. A-r ,` J 30/11 Wi Mr. Michael Torres March 11, 2011 Page 2 It is the opinion of Commission staff that SIB 501 is unnecessary and that the City has already been granted permission from the Legislature to issue 50 year leases moving forward. If you have any questions please contact Kathryn Colson, Staff Counsel, at (916) 574 -1850. Sincerely, �CURTISL. FOSSUM Executive Officer �EWPaRT CITY OF NEWPORT BEACH; City Council Staff Report Agenda Item No. 26 September 13, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: David A. Webb, Deputy Public Works Director APPROVED: )�,, A" TITLE: Marina Park, Contract No. 3897 — Authorize Execution of Compromise Title Settlement and Land Exchange Agreement ABSTRACT: In order to move forward with the Marina Park Project the City and the State Lands Commission need to establish an Agreed Boundary Line between City -owned lands and State tidelands. RECOMMENDATION: Approve and authorize the Mayor to execute an agreement in substantially the same form as the attached Agreement with the California State Lands Commission to permanently fix and establish the location of the boundary between State sovereign lands and uplands by this Agreement as the Agreed Boundary Line as described in Attachment B and Attachment C. This Agreed Boundary Line will represent the common boundary between sovereign lands of the state and City owned uplands within the Subject Property. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: In early 2005, the Council formed the City Council /Citizens Committee on Marina Park Planning. In a series of public meetings held at City Hall the Planning Committee produced a Concept Plan that combined two of the Committee's most prominent proposals. On October 10, 2006, the Council favorably received this Concept Plan (then called the Park + Marina Plan) and approved a scope of work for it. Marina Park, Contract No. 3897 — Authorize Execution of Compromise Title Settlement and Land Exchange Agreement September 13, 2011 Page 2 On November 13, 2007, the City Council approved the Marina Park Concept Plan and Final Master Plan report and authorized the City Manager to bring forward a contract for the schematic design phase of the Marina Park Project and proceed with preparation of CEQA documents. On May 11, 2010, the city council approved the following agenda items: a) Adopt Resolution No. 2010 -46 certifying the Marina Park Project's FEIR (SCH. No. 2008051096), making certain Findings of Fact and Determinations thereto, and adopting a Mitigation Monitoring and Reporting Program (MMRP) b) Adopt Resolution No. 2010 -47 adopting a Statement of Overriding Considerations, and approving the Site Plans for Phases 1, 2, and 3 of the Marina Park Project. The California State Lands Commission Prior to the City's certification of the FEIR, staff from the State Lands Commission (SLC) provided the following comment: "The boundaries separating lands owned by the City in Trust, pursuant to Chapter 74, from lands acquired by the city from private parties has not been established by agreement or litigation within the project site. CSLC staff believes it is necessary to resolve the title and boundary issues with the city prior to the project going forward. Given the current Project plans it appears that a title settlement and exchange agreement maybe necessary." Staff from Public Works and the Office of the City Attorney negotiated with State Lands staff on behalf of and under the direction of City Council to resolve the title and boundary issues. The results of these negotiations are detailed in the attached draft agreement (Attachment A) and the maps included in Attachments B and C. On September 01, 2011, the California State Lands Commission approved the Title Settlement and Land Exchange Agreement. The purpose of the proposed Agreement would be to terminate any and all Public Trust and sovereign property rights in certain filled tidelands and submerged lands within Marina Park, acquire certain other parcels within Marina Park, and initiate a 49 -year lease of the lands acquired by the California State Lands Commission to the City of Newport Beach, as trustee. The Commission will then lease to the Trustee the Public Trust Parcel until such time as the City's statutory trust grant can be amended to include the Public Trust Parcel. Marina Park, Contract No. 3897 — Authorize Execution of Compromise Title Settlement and Land Exchange Agreement September 13, 2011 Page 3 The Subject Property includes approximately 10.3 acres of land from 15th to 18th Streets, extending north from West Balboa Boulevard to the Lower Newport Bay. The Agreed Boundary Line, Trust Termination Parcels and the Public Trust Parcel are shown for reference purposes on Attachment B. In 1941, the City and the upland private property owners entered into a boundary line agreement involving the land between 18th and 19th Streets. That agreement set the boundary along what is the present location of West Bay Avenue (Orange County Recorder's Book 1117, Page 317). In 1942, a quiet title judgment set the ordinary high water mark line which is the boundary between tidelands and uplands (SCC #40434, filed April 17, 1942, Orange County Recorder's Book 1145, Page 172). See Attachment C for reference. Specifically, the key terms of the proposed Agreement provide that: 1. The City and the Commission will establish an Agreed Boundary Line, which will be the boundary between the City -owned lands and the State tidelands. 2. The City will quitclaim any interests in the Public Trust Parcel to the Commission. 3. The Trustee will quitclaim any interests in the Trust Termination Parcels to the Commission. 4. The Commission will then quitclaim its interests, free of any public trust interests, in the Trust Termination Parcels to the City thereby quieting title to the Trust Termination Parcels in the City. 5. The Commission will, upon the close of escrow, enter into a 49 -year lease with the Trustee, for the Public Trust Parcel to be used for public trust purposes consistent with the provisions of the Trustee's statutory trust grant. Commission staff and the City/Trustee will pursue obtaining necessary State legislation to include the Public Trust Parcel in the Trustee's statutory ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the agreement has no potential for resulting in physical change to the environment, directly or indirectly. Rather the impacts of any physical changes to the Subject Property were previously analyzed as part of FEIR No. 2008051096. Marina Park, Contract No. 3897 — Authorize Execution of Compromise Title Settlement and Land Exchange Agreement September 13, 2011 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Stephen G. Badum Public Works Director Attachments: A. Draft Title Settlement and Land Exchange Agreement B. Location Map, Agreed Bounda7 Line C. Boundary Map 18th Street — 19t Street Recorded at the Request of STATE OF CALIFORNIA STATE LANDS COMMISSION WHEN RECORDED mail to: State Lands Commission 100 Howe Avenue, 100 -S Sacramento, CA 95825 Attention: Kathryn Colson, Staff Counsel STATE OF CALIFORNIA OFFICIAL BUSINESS: Document Entitled to free recordation Pursuant to Government Code Section 27383 G 09- 02.10; AD xxx; PRC NO TAX DUE COMPROMISE TITLE SETTO REGARDING CERTAIN LANDS The parties to this State Lands Comn to, inter alza,. Ghat I to , the when being g referred to as Attachment A APN1047- 190 -06; 047 - 222 -02; 047-222403. 047 - 222 -08 for Record er's4'us only ;AGREEMENT NEWPORT BAY the State ofl lifornia, acting by and through the California e} "STATE ", ie, City of Newport Beach, as trustee pursuant ttute`s'W 1978, as trended by Chapter 728, Statutes of 1994, apter 745, Statute's` 2001, and Chapter 361, Statutes of 2004, 5TEE ", and the City of Newport Beach, a municipality, cttvely,refetred to as "Parties ". The City of Newport Beach, when acting in its dual role as Trustee and City is hereinafter Leh" or "City ". RECITALS 1. Upon its admission, to the United States of America on September 9, 1850, the State of California, by virtue of its sovereignty under the Equal Footing Doctrine of the Constitution of the United States, received in trust for the people of California all right, title, and interest in previously ungranted tidelands and submerged lands within its boundaries for public trust purposes including but not limited to commerce, navigation and fisheries. Newport Beach TS &E Final Draft 1 2. Pursuant to the provision of Division 6 of the Public Resources Code, including Sections 6216 and 6301, the STATE is vested with all jurisdiction and authority as to the right, title, and interest in all ungranted tidelands and submerged lands held by California in trust for the benefit of all the people of the State of California and the reversionary interest of the State as to public bust lands legislatively granted to local governments. 3. TRUSTEE is trustee of the tide and submerged lands granted to it by the California Legislature, pursuant to, inter alia, Chapter 78 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, hereinafter referred�MS "statutory trust grant ", which granted to the City of Newport Beach the State's rig tHitle and interest in and to portions of the State's tidelands and submerged lands, of the CiM6f Newport Beach, in trust for the public, and subject to certain terms, conditions, exceptrons,and reservations. F WW 4. This Agreement concerns an approximate110.3 acre parcel of deal" roperty located in the City of Newport Beach, County of Or ge3 State o California inlower Newport Bay between 15th and 18th street and is common eferred3to as Mari. Park and referred to throughout this Agreement, 21412-0-1 nVenience as th "Subject Property" described in Exhibit A and shown for refe e ep oonl onibit B. ses 5. This Agreement wvply s two parcels of lan -F the SuVject Property. The Trust Termination Parcel rs theea landwax o the Agreed Boundary Line within the Subject Property wluchis describedn Exhibr�D and'depicted or reference on Exhibit F. The Public Trust Par`_e is the area waterward of the Agreed Boundary Line within the Subject ProncrJ y_which is deiibedbit E auddenicted for reference on Exhibit F. 6 Lower Newpoft-Bi y_wasTormed by natffiakFaccretion of sand material carried by the Santa Ana River dui ng flood Cages. The location of the entrance channel to Lower s.. Newport Bay was dr edg d m 1 i` ghe Santa Ana River continued to discharge into Lower e.w t Bay unt 921 when the County of Orange completed the construction of a new river outlet to th T acific Ocean in the vicinity of 57th Street in the City of Newport Beach `. 7. In 1875, the U.S. Coast surveyed the topography in the vicinity of the Newport Bay (Register No. 1875). In 1889, S.H. Finley conducted a survey for the Government Land Office of swamp and overflowed lands adjacent to Newport Bay in fractional township N6S, range NI OW SBM which was officially approved by the U.S. Government June 30, 1890. 8. On May 16, 1892, a portion of the Subject Property was sold by the State patented as Swamp and Overflowed Location 3089 (Lot 4, Section 33, T6S, RI OW) with no minerals Newport Beach TS &E Final Draft 2 reserved to James McFadden. A portion of the Subject Property was also part of the 1034 acres of California Swamp Land List No. 106 that was patented to the State on August 16, 1902. 9. In 1902, McFadden sold his land to the founders of the Newport Company. The Newport Company conveyed a right of way to Pacific Electric Railway for the operation of its Balboa Pennisula route, which continued until in 1940 when the Newport Pier became the terminus for Pacific Electric Railway's soutbernmostgoute. 10. The U.S. Army Corps of Engineers surveyed navigation purposes. 11. On July 27, 1916, an Act of the U.S. Congress secured the lines in Lower Newport Bay. The harbor fires were subset following the completion of improvements Yo Lower Newl _k Government. 12. In 1918 and 1919, the south dredged. 13. In July 1919, 14. 15 in 1912 for harbor and of the harbor on May 2, 1936 U.S. 8th Street and 19th Street was 6 g tide and submerged lands within the ie Statutes of 1919, Chapter 494. This of 1978, Chapter 74, as amended. conveyed portions of the Subject Tli&Gity brought several quief ille actions in the Orange County Superior Court against uplandlpareels of land ins tower Ne -wport Bay in the 1920s. The cases were decided after the dredgrngvand tilling oUNewport Bay was completed and set the boundary line between theuplands and ;tidelands at the bulkhead line. The STATE was not a party to these quiet title actrons0l wever, pursuant to the Statutes of 1929, Chapter 142, the California Legislat "r onfirmed the court decrees establishing the ordinary high tide line for the various upland properties that the City brought actions against. 16. The Subject Property was not the subject of any of the quiet title actions described above. The area between 18th and 19th Streets adjacent to the Subject Property was subject to a boundary line agreement and quiet title action in 1941 and 1942 respectively. The 1942 quiet title action (SCC # 40434, filed April 17, 1942, Orange County Recorder's Office Book 1145, Page 172) set the ordinary high tide line which is the boundary between tidelands and uplands for the property between 18th and 19th Streets. Newport Beach TS &E Final Draft 3 17. The STATE has consistently maintained that a large portion of the Subject Property includes artificially filled sovereign tide and submerged lands that have been legislatively granted, in trust, to the City to manage on behalf of the State. 18. The CITY has consistently maintained that the bulkhead line is the boundary between State sovereign tide and submerged lands and uplands, which uplands have been acquired by the City from Pacific Electric Land Company and the Pacific Electric Railway Company. 19. The CITY desires to develop and improve the development. For the past few decades mobile Property. As part of the Marina Park devel p marina, sailing center, community cente11- recreational space and public access to throug] Lower Newport Bay., 20. The Parties, hereto, STATE, the CITY, the TRUS' settlement and land exchange. 21. As part of this co'O omise title sett] expedient and" ecessary and 'n their establish the location of th As %undar Agreement as the AL eedBTo y state u,ject� xea as the proposed Marina Park Tomes hhave been located on the Subject ,nt, the CITY ,plans to build an expanded rig, Girl Scout 0i and provide open the park and to the,, ,bgach adjacent to the and u666- y and in the best interests of the e public tog= ;enter into this compromise title the Parties deem it to permanently fix and r State sovereign lands and uplands by this -.scribed in Exhibit C and depicted for &Line will represent the common boundary owned uplands within the Subject Property. 22 The S FATE is authorized under division 6 of the Public Resources Code, and specifically pursuant to ection 6307 thereof, to exchange interests in real property held by the STATE by reasonof_ its sovereignty for interests in other lands of equal or greater value. 23. This Agreement proves for the TRUSTEE to quitclaim the Trust Termination Parcel to the STATE, substantially in the form of Exhibit G; and the STATE to terminate its public trust interests in the Trust Termination Parcel, and quitclaim all its interest in the Trust Termination Parcel to the CITY substantially in the form of Exhibit I. 24. This Agreement will terminate all public trust interest in the Trust Termination Parcel and will impress the Public Trust on the Public Trust Parcel. The STATE will hold the Public Trust Parcel subject to the Public Trust, in its sovereign capacity in trust for the people of the state as real property of the legal character of tide and submerged lands, and subsequently lease the Public Trust Parcel to the TRUSTEE for proposes consistent with the City's statutory trust grant Newport Beach TS &E Final Draft 4 25. In the interest of settlement, the STATE and the CITY have conducted independent studies and evaluations of the title and boundary evidence, appraised value, case law, and other relevant information concerning the Subject Property. Based on such efforts, the monetary value of the Public Trust Parcel to be conveyed to the STATE by the City is equal or greater in value than the sovereign interest in the Trust Termination Parcel to be quitclaimed by the STATE to the CITY. 26. The Public Trust Parcel is beneficial to the public trust as it will enhance public access to the water through the creation of an aquatic beach front public park, open space, an expanded marina and boating facilities, in addition toFproviding opportunities for enhanced water - related recreation. 27. The Trust Termination Parcel has been filled andreclai "rneid and is above the current mean high tide and is a minimum distance of 65 feet more orless from the present location of the shoreline. t 28. The Trust Termination Parcel is not necessauy for public bust pu posesof navigation, commerce and fisheries and the Public Trust ParceL�to bye acquired because of its location 'z -„ and the proposed development, which includes open pace, an expanded lftarina and sailing facility, aquatic beachfiont up jb ie park, puUhc access paths, and public parking, can be used more effectively byTRiSSTEE in furth e'iance of public trust purposes than the Trust Termination Parcel to be conveyed:. 29. Pursuant to Putibrc Reso cyes Code sec_tion21080�11tand the California Code of Regulations section 15282(ahis Agieem "en t and the ease that is integral to this Agreement area eimpt fioihe ems nts of the California Environmental Quality Act as this is a settlement of the boundary,and title problems. Pursuant to Goverment Code; S�echron 66412(e), povisionsao�f the S bdivision Map Act do not apply to agieewent to which the California State II ands Commission is a party. M 30 The "'ITY certified its IR ( 42008051096) for the proposed Marina Park development on R b Mav 1a1., 010. 31. The City by approval oVa_`genda item #XX, at its meeting of September 13, 2011, approved thus lgreement 32. The STATE, by app oval of agenda item #XX, at its meeting of September 1, 2011, approved this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the terms set forth below and for valuable consideration, the receipt of which is hereby acknowledged, the Parties mutually agree to the following terms and conditions and to convey certain property rights as follows: Newport Beach TS &E Final Draft 1. PROPERTY INTEREST EXCHANGE AND CONVEYANCES A. Establishing an Agreed Boundary Line This Agreement is intended to clear title to the Subject Property and by necessity requires the creation of parcels having a common boundary line. The STATE and the CITY hereby agree to permanently fix and establish the location of a common boundary between sovereign fee lands of the State and City owned uplands as the Agreed Boundary Line as described in Exhibit C and shown for reference on Exhibit F. This boundary line does not represent a determination of the location of the Ordinary High Water Mark or the Ordinary Low Water Mark as provided for in Public Resources Code Section 6357 p B. TRUSTEE to convey TRUST TERMINATI®N PARCEL to STATE. In consideration of STATE'S cooperation add - assistance in facilitating the exchange of properties of TRUS 1I with CITY and STATE and the lease to TRUSTEE of the properties acquiracl "by STATE fr•omm,RITY, TRUSTEE agrees to remise, release, and forever q tclaim all its right, title aiid interest, existing by virtue of the Granting Statutes, in the Trust Termination Parcel (in substantially the form of the deed attached as E bit G) to�SFRATE. C. CITY to convey PUB SIC' =RUST PARCELS to STATE In consideration of the agreemenuby STAT 1.1b, convey Trust Termination Parcel aragr p�1,D belOW,.CITY agrees to convey all its to CITY, as provided in right true an�d�interest in theme Public Trust Parcel (in�ubstantially the form of the deed attached as Exhibit H) -NT D STATE`4 convey TRUST TERMINATION PARCEL to CITY. In consideration ofit e agreemenoby -CITY to convey to STATE all its right, title Viand mterest min the Public` Trust Parcel; as provided for in paragraph 1. C. above, STATE AM toy convey to GIT�Ya I its right, title and interest to the Trust �F Termination'SPareel, flee of the public trust (in substantially the form of the deed attached as EXlibit I) E. STATE to graiiab TRUSTEE a Lease for PUBLIC TRUST PARCELS. In consideration of the agreement by TRUSTEE to convey to STATE all its right, title �aridmterestsi the Trust Termination Parcel, as provided for in paragraph 1. B. A61V6 , -SQ- E agrees to grant to TRUSTEE a 49 -year lease with the STATE for tle Public Trust Parcel acquired from CITY in a lease consistent with the form she in Exhibit 7, hereto. F. STATE'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs LB. STATE agrees to accept the property interests conveyed by TRUSTEE as provided for in paragraph I.B. above. Said acceptance shall be made by the execution and recordation of Certificate of Acceptance in substantially the form of those attached as Exhibit K, hereto. Newport Beach TS &E Final Draft 6 G. STATE'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs 1.C. STATE agrees to accept the property interests conveyed by CITY as provided for in paragraph I.C. above. Said acceptance shall be made by the execution and recordation of Certificate of Acceptance in substantially the form of those attached as Exhibit L, hereto. H. CITY'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs I.D. CITY agrees to accept the property interests conveyed by STATE as provided for in paragraph I.D. above. Said acceptance sh'a 1. be made by the execution and recordation of Certificate of Acceptancediiff substantially the form of those attached as Exhibit M, hereto. 4�,_ I. STATE and City to cooperate. STATE, TRUSTEE and CITY s necessary for STATE to tram's substantially the same terms as t in substantially the form of Exhi H. STATE LANDS COMM authorization of agenda item of the execution of this Agre and declares thed- ollowing, shall become effe iVe-only ti expeditiously pirisVe,obtaining the legislation may. to TRUSTEE fee 1itlb, in trust and under tatutory trust grant, toihesPublic Trust Parcel Nt 1 ' ell DINGS STATE by its approval and sting ofStember 1, 2011, and authorization Mo PubliMsources Code section 6307 finds and keeclarat ons ILA. tluough ILH. below, A. The PdBlic- Trust t ircel provr °des significant benefits to the public trust by enhancing public access,to the wa"t Ir ough the creation of an aquatic beachfront `public park, ope -n. space, anexpan ed marina and boating facilities and public The exchan pprovidedxfor in this Agreement does not substantially interfere with public rights of vigatio , and fishing, but rather will enhance the public's rights Paccess and navigation in the Public Trust Parcel. C. The monetary value of the Public Trust Parcel to be conveyed to the STATE by the CITNYrs equa�o or greater than the value of the Trust Termination Parcel to be quitclauued"the STATE to the CITY. D. The Trust Termination Parcel being relinquished by the STATE, is a relatively small parcel, cut off from water access and no longer is in fact tidelands or submerged lands or navigable waterways, by virtue of being filled or reclaimed, and is relatively useless for public trust purposes. E. This Agreement is in the best interests of the state by removing a contested use of sovereign land at no expense to the STATE; enhancing public access to and along the water and creating an expanded marina and boating facilities, an aquatic beachfiont public park, open space and other public trust consistent development. Newport Beach TS &E Final Draft 7 III. F. This Agreement shall release any and all public trust claims from the Trust Termination Parcel that is being released by the STATE to the CITY and shall impose the public bust onto the Public Trust Parcel that is being received by the STATE from the CITY. G. The exchange provided for in this Agreement is to enhance public access to and along the water; to enhance waterfront and nearshore development for trust purposes; to preserve, enhance, or create open space; and, to resolve boundary or title disputes. H. It is the intent of this Agreement, that to theme t that there are mineral rights present in either parcel, those rights shalh ansfen•ed with the corresponding surface estate. ADDITIONAL PROVISIONS A. Acceptance of Conveyances and'Consent tolR�ecording 'W- By execution of this Agreement, ST ARM ,1 STEE and dr, 'gagree to accept Nw the herein described"conveyanees of land and hereby consent to the recording of the conveyances and otl�aei�do uments execn�` ed pursuant to this Agreement. B. Further Assurances. r �. So long as author. . zed by applicable Jaws to3do so, t> Parties hereto will perform suchheryacts; anted execut aclo ledge :and, deliver all further documents, conveyances and other instrumeI sF at may be necessary to effectuate fully the D. All signatures of the Parties'To tdris Agreement and all documents executed pursuant `tothis Agreement, other than the Governor's signature that shall be attested to by_ t e Secr�etaxy of State, shall be acknowledged before a Notary Public. A certificate of acceptance shall be attached to the executed quitclaims to all them to recorded in the Office of the Recorder of Orange County, This Agreement may be executed in any number of counterparts and each executed counterpart shall have the same force and effect as an original and as if all of the Parties to the aggregate counterparts had signed the same instrument. E. CITY to Indemnify and Hold STATE and TRUSTEE Harmless. The CITY shall indemnify, defend and hold harmless the STATE, its officers, agencies, commissions, and employees and TRUSTEE from and against any and all claims, liability, losses, costs and expenses, including, without limitation, third party claims and claims by any governmental agency (other than the STATE) relating to the past, present or future presence of known or unknown hazardous Newport Beach TS &E Final Draft 8 materials located, or which may come to be located at, on, over, under, or flowing through the Public Trust Parcel, that may arise from this Agreement or the lands involved in this exchange. F. No Admission or Effect if Agreement Not Made Effective. In the event this Agreement does not become effective for any reason, nothing herein shall constitute, or be construed as, an admission by any Party or evidence concerning the boundaries, physical character, or character of title to or interest in the Subject Property. G. No Effect on Other Lands. The provisions of this Agreement do not constrtirte, nor are they to be construed as, an admission by any party or evidence concerning the boundaries, physical character, or character of tale to or any lands outside the Subject Property. 01 H. Impacts of Sea Level Rise. The fee title boundaries establi §lied and conveyances made pursuant to this Agreement are intended to be fixed" and not, subject to change by erosion, . accretion, reliction o submergence w ether due to natural or artificial causes. However, should lands - feed of the Publilie Trust become inundated from waters �_ of or adjacent to Newport Bay�e Pacnc� ocean or any other waters, whether due to either erosion or sea level -rrse °that resu is the land being submerged or subject to the ebb and flowlo the tide M, the elevation of mean high water, the lands for�so longs such condrtions�e ist�rv*11 be subject to the Public Trust H�� Nothing in dr s sectr8nis intendF to limit (a) rights a Party may have under app7rcable lMa ke ons topreserve the boundaries established by this Agree nt, g without limitation the rights of any Party to undertake measures'to, . rotect: their respective properties, including lands freed from the Public Trust a�t the locations established pursuant to this Agreement, or to file an ae,tion wiihin� e applica�blVe, limitations period to preserve the title interests of uch, lands established by this Agreement, or (b) rights the public has under applicable law to iivigate, fish or otherwise use navigable waters on inundated landscludingt not limited to any rights arising under Bohn v. Albertson (1951) 1tOZ�CaIApp.2d 738 and People ex rel Baker v.Mack (1971) 19 Nothing in this Agreement obligates the STATE or the TRUSTEE to protect or cause to be protected any privately held uplands, including, but not limited to, constructing or causing to be constructed any protective structures that benefit any privately held uplands. Further, neither the TRUSTEE nor the STATE shall in any manner be liable to the owners of upland properties within the Subject Area for failure to provide protection against sea level rise. Newport Beach TS &E Final Draft 9 I. Exemptions. This Agreement and the conveyances provided herein are exempt from 1) the Subdivision Map Act pursuant to Government Code Section 66412(e), 2) the California Environmental Quality Act pursuant to Public Resources Code Section 21080.11, 3) the California Coastal Act pursuant to Public Resources Code Section 30416(c), and 4) the Property Acquisition Law pursuant to Government Code Section 15853(c). J. Binding Agreement. All the terms, provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the respective succegso�rs and assigns of the Parties. A , K. Modification. rr No modification, amendment, or alterationNof t1viisiAgreement shall be valid unless in writing and signed by all of the Parties to this Age ent. L. No Effect on Other Governrr This Agreement does not exec land use or other jurisdiction entity. Aftt M. Headings. The title headings of only and shalltnot be N. This All with in Parties from the regulatory, environmental, federalstate, local, or er government are inserted for convenience only after ecordation in the Office of the he effective date shall be the date of the hand expenses of any attorney, engineer or other person 1a party hereto in connection with the transaction 01hall be borne by that party, or as otherwise agreed to. of escrow incurred by Escrow Agent, including those on of this document and other documents necessary to t, shall be borne by the City. P. Title Insuraiee. The parties shall independently elect whether to obtain a policy of title insurance and shall each individually pay or cause to be paid the premiums and costs of any such title insurance policy for their respective interests. IV. Escrow A. The parties designate and authorize Agent for all purposes of this Agreement. Newport Beach TS &E Final Draft 10 to act as the Escrow C1 A As part of the escrow, the Parties shall submit additional, mutually agreeable escrow instructions as may be necessary so that the obligations of the Parties for the Close of Escrow under this Agreement conform. Deposits by the Parties: 2. The STATE shall deposit the following documents into escrow: a. A certified copy of a Minute Item of a California State Lands Commission public hearing showing the Commnission's approval of this Agreement and the Commission's authorization that the Agreement, Deeds, Lease and Certificates of Acceptance be executed on the State's behalf• 4k _, b. This Agreement, duly and properly executed by the STATE; C. A quitclaim deed for the rus" Termination Parcel duly and properly executed by theST-2 TEzonveying the Trust Termination Parcel to the CITY; , d. Certificates of Acce 11 ce for the lands described in Exhibits D and E duly and erly executed by the STATE; C. Written approval o " he condition of title for the Public Trust Parcel, f. Duly and, properly exec ad Lease, in the form substantially similar to Exhib' ` The CITY shall deposit tMil b, lowing doc ents into Escrow: a. � certified o y of an o f cipl acrid _ fthe City authorizing the execution of�isAgreementelinquisliing of Trustee interest in th(5--Tust Termiation Parcel, relinquishing of interest in the Public Trust Parcel and ace ptance of Lease form the STATE for the Publibfi ust Parcel• b. duly and properly executed Lease, in the form substantially similar toxhrbrt J; "= c Duly a@d properly ecuted quitclaim deed in the form of that set orth m E hibit G attached hereto conveying the Trust Termination Parcel t h4STATE; d. Duly and properly executed quitclaim deed in the form of that set fort in Exhibit H attached hereto conveying the Public Trust PH661 to the State; e' his Agreement, duly and properly executed by the CITY; f. Certificates of Acceptance for the lands described in Exhibit M a duly and properly executed by the CITY; Newport Beach TS &E Final Draft 11 V9 D. Notification of Intention to Close Escrow Upon receipt of all documents described in Paragraph C above, Escrow Agent shall notify the Parties of its intention to close escrow, to record the documents, along with any other necessary documents and shall set a date certain for such recordation and Closing. E. Close of Escrow 1. At 8:00 a.m., or as early as possible on the date chosen for Closing, the Escrow Agency shall perform the following acts in the order set forth: a. Record the duly and properly executed copy of this Agreement; b. Record the duly and properly executed Deeds (and other recordable documents), nth tee ificates of Acceptance attached referred to in paragraphs 1AB., LM-th and 1.D; WD C. Issue any and all =polici'es of title msuranee•requested by the Parties pursuant to paragraah 3.P., above; r d. Deliver copies of all document may have b en d posited with the Esc ow,Agent to snc Parkes as may request them. TV v� 2, The term "Close lo E crow' and " Closing" shall mean the date and time of record ng of the�D�eeds and= Le uses .�n 3 When all the docume its have0emecorded the Escrow Agent is „,3authorizedfiNd directed to�M ver copies of the Agreement and Lease to IV, te�CITY and original Deeds to the grantees thereof and the original AQreernentAWI.ease to the STATE. All prehmmary recitals of an�d.��e�xhrbrts twthis Agreement (Exhibits A through L) are hereby incorporated $y reference. Thexhibits to this Agreement are as follows: A. Exhrbri LandDescription of Subject Property B. Exhibit B P1afdf Subject Property C. Exhibit C - Land Description of Agreed Boundary Line D. Exhibit D - Land Description of Trust Termination Parcel E. Exhibit E - Land Description of Public Trust Parcel F. Exhibit F - Plat of Agreed Boundary Line, Public Trust Parcel and Trust Termination Parcel Newport Beach TS &E Final Draft 12 G. H. I. J. K. L. M. Exhibit G — Form of Quitclaim Deed (Conveyance by TRUSTEE to STATE of Trust Termination Parcel) Exhibit H - Form of Quitclaim Deed (Conveyance by CITY to STATE of Public Trust Parcels) Exhibit I - Form of Quitclaim Deed (Conveyance by STATE to CITY of Trust Termination Parcel) Exhibit J — Form of Lease (Lease of the Exhibit K — Form of Certificate of (Acceptance by STATE of the Tru Exhibit L - Form of Certifrcat( by STATE of the Public Trust Exhibit M - Form of N. Exhibit N — Form of L g VL Notifications All notrcesn'eq°�i`Eiir. -d or p this Agreement shall be such notice is deposited given wfie °i by giving N as follows: by Parcels to TRUSTEE) Consent to Record and Conseptto Record (Acceptance rmfted to be grvenato a Panty hereto by the provisions of teemed to -ave beegiyen forty -eight (48) hours after with t e United StatesPostal Service, as registered or ;e thereon -fully prepaid, addressed to such party at its WON addressedas above provided all charges thereon fully n0'any other fashion shall be deemed to have been ved by.,I;e'addresses. Any Party may change its address the other Party. The addresses of the Parties hereto are California State Lands Commission I OwOTHowe Avenue, 100 South deffiamento, CA 95825 WAffi: Chief Counsel City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Newport Beach TS &E Final Draft 13 Approved as to form: KAMALA D. HARRIS Attorney General of the State of California Sam Overton Deputy Attorney General To witness this Agreement, a duly date opposite each signature Newport Beach TS &E Final Draft 14 has executed it below on the DATED: State of California State Lands Commission By: CURTIS L. FOSSUM Executive Officer ATTACH ACKNOWLEDGMENT of signature Newport Beach TS &E Final Draft 15 Dated: Dated: City of Newport Beach, as a Municipality By: ATTEST: By: City Cleric ATTACH ACKNOWLEDGMENT Newport Beach TS &E Final Draft 16 Beach, as Trustee of State Approved as to form: City Attorney Newport Beach In approval whereof, I, EDMUND G. BROWN, JR., Governor of the State of California, have set my hand and caused the seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento this _ day of , two thousand eleven. BROWN, JR. State Newport Beach TS &E Final Draft 17 EXHIBIT A LAND DESCRIPTION OF SUBJECT PROPERTY [To be completed and inserted] Newport Beach TS &E Final Draft 18 Coast Survcying, Inc. August 17,20[l EXHIBIT "A" LEGAL DESCRIPTION ALL THAT LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FOLLOWING DOCUMENTS: 1. "AN ACT GRANTING CERTAIN TIDELANDS AND SUBMERGED LANDS OF THE STATE OF CALIFORNIA TO THE CITY OF NEWPORT BEACH, UPON CERTAIN TRUST AND CONDITIONS' PER CHAPTER 494, STATUTES OF 1919; CHAPTER 70, STATUTES OF 1927; CHAPTER 142, STATUTES OF 1929. 2. CORPORATION GRANT DEED FROM PACIFIC ELECTRIC LAND COMPANY TO CITY OF NEWPORT BEACH RECORDED SEPTEMBER 22, 1919 IN BOOK 342, PAGE 329 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. 3. CORPORATION GRANT DEED FROM SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA TO CITY OF NEWPORT BEACH RECORDED FEBRUARY 16, 1955 IN BOOK 2561, PAGE 293 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. 4, CORPORATION GRANT DEED FROM PACIFIC ELECTRIC LAND COMPANY TO CITY OF NEWPORT BEACH RECORDED JULY 5, 1956 IN BOOK 3566, PAGE 147 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, 5. CORPORATION GRANT DEED FROM PACIFIC ELECTRIC RAILWAY TO CITY OF NEWPORT BEACH RECORDED JULY 5, 1956 IN BOOK 3566, PAGE 153 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. 6. RESOLUTION ORDERING VACATION PER RESOLUTION 4532, RECORDED AUGUST 20, 1956 IN BOOK 3618, PAGE 210 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. DATED THIS 17T" DAY OF AUGUST, 2011. GWEN -VERA DEL CASTILLO, PLS 5108 JN 10700i EXHIBIT B PLAT OF SUBJECT PROPERTY [To be completed and inserted] Newport Beach TS &E Final Draft 19 `-' \ 6 Loco Non nr Ll 81P C _ 1_ meontler fin U.S. Govern � ck 1 � I in lormofion a Per recor Menf oll mm Ic+IS �;Bldck/h gCAPN 8. NE _ Per KressleY survey, Rorfion o/ Lot I MM 62 41 W l 1 All, UfI IxI i MIf� e '+MOkI g (A�, '_�_' RIOW 35865 4 Sec 3a'r765, La(a F ]d I 1 l xl] Y'J nNOl 19i M I nr A =UF RtOW. SBM �—L- �1/ r31 rr� refs 14 f k. 12 /JB -JI _ ��� TBlack 1p /y.]- ���OA+. to xl sl.11 ®Ix n,o lglo�xolgT I ^'' oc1626 =W� 1 I le Ix I ) . -�71 X C� 4 af5 43_9/_4�F9 i � cY wC E3 1 Block 1I4 I O o O nln N '- � LEGEND: U (D GRANTED 70 CITY OF NEWPORT BEACH PER CHAPTER 49 4, Z STATUTES OF 1919; CHAPTER 70, STATUTES OF 1927; CHAPTER 142, STATUTES OF 1929 v� GRANTED TO CITY OF NEWPORT BEACH BY PACIFIC ELECTRIC 5:: ZYm LAND CO. PER 342/329 DEEDS, RED. 9/22/1919 {yJ >ma O GRANTED TO CITY OF NEWPORT BEACH BY SOUTHERN COUNTIES Gov GAS CO. OE CALIFORNIA PER 256//293 O.R_ REC. 2/16/1955 (n -o� ® GRANTED TO CITY OF NEWPORT BEACH BY PACIFIC ELECTRIC N ae LAND CO. PER 3556/147 O.R., REC. 7/5/ 1956 �C'k'POrt Gj O GRANTED TO CITY OF NEWPORT BEACH BY PACIFIC ELECTRIC RAILWAY -- _ CO. PER 3566/153 O.R., REC. 7/5/1956 © VACATION ORDER PER RES. 4532, 3618/210 O.R., REC. O'? PIER '- -_ HEAD LINE (SEE DOCUMENTS FOR DETAILS) C U'S. SULKNEAD LINE �I `-' \ 6 Loco Non nr Ll 81P C _ 1_ meontler fin U.S. Govern � ck 1 � I in lormofion a Per recor Menf oll mm Ic+IS �;Bldck/h gCAPN 8. NE _ Per KressleY survey, Rorfion o/ Lot I MM 62 41 W l 1 All, UfI IxI i MIf� e '+MOkI g (A�, '_�_' RIOW 35865 4 Sec 3a'r765, La(a F ]d I 1 l xl] Y'J nNOl 19i M I nr A =UF RtOW. SBM �—L- �1/ r31 rr� refs 14 f k. 12 /JB -JI _ ��� TBlack 1p /y.]- ���OA+. to xl sl.11 ®Ix n,o lglo�xolgT I ^'' oc1626 =W� 1 I le Ix I ) . -�71 X C� 4 af5 43_9/_4�F9 i � cY wC E3 1 Block 1I4 I O o O nln N '- � EXHIBIT C LAND DESCRIPTION OF AGREED BOUNDARY LINE [To be completed and inserted] Newport Beach TS &E Final Draft 20 . Coast Surveying, Inc. August 17, 2011 EXHIBIT "C" LEGAL DESCRIPTION AGREED BOUNDARY LINE AN AGREED BOUNDARY LINE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF 15TH STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED "HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CALIFORNIA ", DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT; THENCE ALONG SAID U.S. BULKHEAD LINE NORTH 79 °22'11" WEST 50.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF 15TH STREET; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE SOUTH 10 040'10" WEST 109.82 FEET TO A POINT WHICH IS NORTH 10 040'10" EAST 160.00 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 79 °20'30" WEST 146.30 FEET; THENCE SOUTH 10 °39'30" WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE NORTH 79 °20'30" WEST 165.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1956 IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 10 039'12" WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 79 020'30" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 SOUTH 10 °39'12" WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 °19'20" WEST 128.80 FEET TO THE CENTERLINE OF 16T" STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10 038'49" EAST 70.87 FEET; THENCE NORTH 79 015'11" WEST 236.74 FEET; THENCE NORTH 10 044'49" EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15 °20'21" EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 042'13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33 °21'52" WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 007'24" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.64 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45 029'16" WEST; THENCE SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 °38'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 68 °07'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °10'47 "; 1 JN 107005 Coast surveying, Inc. August 17,2011 THENCE SOUTH 10 °41'35" WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 022'58" WEST 225.76 FEET; THENCE NORTH 10 °37'02" EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15 °22'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 001'22" TO A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00 047'02" EAST, THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33031'53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32044'52" EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42058'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10013'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27003'38" TO THE EASTERLY RIGHT OF WAY LINE OF 18" STREET (40 FEET WIDE). DATED THIS 17TH DAY OF AUGUST, 2011. GWEN -VERA DEL CASTILLO, PLS 5108 2 IN 107005 I WpOrt BOY RAO PRO N32'4452E - U. S, N16'50' "r !RAD PRC) PIER HEAD LINE\ (RAD � �� 1 (RAD Ro7' 54') U.S BULK�HEAADD VNE W 4 1� N62'35'44 "W k ^ ^� vn. j j I N15'22Sl 4 E �1r - ,� (RAD , •- PC�C�) . I � � KAU tFCC) Nt5'20'21 "E '__ (RAD} (RAD) N45'29'16 °W 7 - P-0 C, ti 1 � �5 � r _ q 21 i �N68'07'38'.W 1 9 i D' so' 7B, k t i 1 P , act 16!' r 9:k pry Slp* , RAD PCC) {® Se of Cot ®f MM 70 /a z6 5 i _ - _ - e. 9, �� 1 0-41 ���JJJJ i rr )r.v izr nia(ia 8i6vm,n ' ry —�— i� 1Z RIOW, SgBMS 1 T.P.0. 8. 1�0 Sec.476$IRCot SAY= OW y1 L ,s ,r "�� u,yy 21a �.P. l Vp 1'I 1D © 8ro ! •��— i �K 'a cr` 10 8A 1 7 _g j t 6r 5,1 "il' / 1 C! 626 ck BEARING DISTANCE rj 1 j s° 114 gouLEV zea 1 N 10° 37' 02" E 219. 64' 1` )� 6 N10* 40' 10'1 160. 00' R� 7 S79 °22' 11 'E 50.00' 8 S1 C° 40' 10" W 109. 82' 9 N79020' 30° W 146. 30' a 10 S 10° 39' 30' W 140.00' 11 N79 °20'30 °W 165. 12' RADIUS DELTA LENGTH j 12 S 10° 39' 12" W 20.00' 13 S79° 20' 30" E 20. 00' 2 52. 74' 102° O1' 22' 93. 91' n 14 S 10° 39' 12'W 99. 79' 3 72, 54' 33'31'53' 42. 46' o 15 N79° 19' 20'W 128. 80' 4 72. 01' 42° 58' 25° 54. 01' °I 16 N10° 38' 49'E 70, 87' 5 B1. 24' 27'03'36' 38. 37' 17 N79° 15' 11 'W 236, 74' 19 168, 54' 48 °42' 13' 143, 27' 18 N10'44' 49' E 199. 43' 20 371 41' 12° 07' 24' 79, 01' 23 S 1 C° 41' 35'W 54. 92' 21 239. 54' 22° 38' 22" 94. 65' 24 N79'22' 58'W 225. 76' 22 113. 22' 11' 10' 47° 22. 09' d Z y b Zmm �Ftn J� VI P �O� Coast Surveying, Inc. August 17, 201 I EXHIBIT "C" LEGAL DESCRIPTION AGREED BOUNDARY LINE AN AGREED BOUNDARY LINE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF 15TH STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED "HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CALIFORNIA ", DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT; THENCE ALONG SAID U.S. BULKHEAD LINE NORTH 79 022'11" WEST 50.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF 15TH STREET; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE SOUTH 10 040'10" WEST 109.82 FEET TO A POINT WHICH IS NORTH 10 °40'10" EAST 160.00 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 79 °20'30" WEST 146.30 FEET; THENCE SOUTH 10 °39'30" WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE NORTH 79 °20'30" WEST 165.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1956 IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED SOUTH 10 °39'12" WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 79 °20'30" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 SOUTH 10 °39'12" WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 019'20" WEST 128.80 FEET TO THE CENTERLINE OF 16TH STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10 °38'49" EAST 70.87 FEET; THENCE NORTH 79 015'11" WEST 236.74 FEET; THENCE NORTH 10 "44'49" EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15 °20'21" EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 042'13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33 °21'52" WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 007'24" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45 °29'16" WEST; THENCE SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 038'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 68 007'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °10'47 "; 1 )N 107005 Coast Surveying, Inc. August 17, 2011 THENCE SOUTH 10 041'35" WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 °22'58" WEST 225.76 FEET, THENCE NORTH 10 °37'02" EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15 °22'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 001'22" TO A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00 °47'02" EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 031'53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32 044'52" EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 °58'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10 013'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 003'38" TO THE EASTERLY RIGHT OF WAY LINE OF 18T" STREET (40 FEET WIDE). DATED THIS 17T" DAY OF AUGUST, 2011. t�i W l_5�( �_� I f 'g� C7 L.S. 5108 9> GWEN -VERA DEL CASTILLO, PLS 5108 F (r _ ,' � 2 1N 10700, 1 6 7 8 9 10 11 12 13 14 15 16 17 18 23 24 N10'13'33 �ewpo�t 8oY RAD PR C N32'44'S2 "E "-� U.S. pt ER )5 "E RAD PRC) " HEAD LINE U.S' LKHEAD NO -47-02"W 8U _ q"ero J S (RAD ft= 72.54') UNf. !N' 4 � N6235'44 "W N33'21'52 "W _ (RAD R= 52.74') (RAD PH) N15'20'21 "E t? N15'9''S4 "F� 21/ N68'0T38 '. W t i �,�w,,'�ry// r611� ' lAlglL,k rSr sic ! � - RAD PCC) f % 15jl�l rp r3ll M7Y,rj'6'I N¢ ! 1 I is'1..'6l31�I] tl I ryoctl Na 3.Y1 ��. -� -Y.e _ `�_ BEARING DISTANCE N10 °.37' 02'E 219 64' N10° 40' S79° 22' S10* 40' N79° 20' S 10' 39' N79° 20' S 10° 39' S79° 20' S 10° 39' N79° 19' N10° 38' N79° 15' N10° 44' S10' 41' N79° 22' 101E 1 I' E 10' W 30' W 30' W 30 °W 12' W 301E 12' W 20' W 49' E 1 1" W 49' E 35' W 58' W 160. 00' 50. 00' 109. 82' 146. 30' 140. 00' 165. 12' 20. 00' 20. 00' 99. 79' 128. 80' 70, 87' 236. 74' 199.43' 54. 92' 225. 76' RADIUS 2 52. 74' 3 72. 54' 4 72, 01' 5 81. 24' 19 168. 54' 20 373, 41' 21 239. 54' 22 113. 22' DELTA 102 °01'22' 33° 31' 53' 42° 58' 25' 27' 03' 38' 4B° 42' 13' 12° 07' 24' 22° 38' 22' 11 ° 10' 47' LENGTH 93. 91' 42. 46' 54. 01' 38, 37' 143, 27' 79. 01' 94.65' 22. 09' porjl' of Sec. of q R)OW 3S8M s r r -� tI S n B-- I i T °ck ®( MM 30/en26 n�a non IV N� N tot RtOw roct 616 C ( -"y 8lccq f "y 234 d Z NU z EXHIBIT D LAND DESCRIPTION OF TRUST TERMINATION PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 21 COOL Surveying, Inc. August 17,2011 EXHIBIT "D" LEGAL DESCRIPTION PARCELI TRUST TERMINATION PARCEL ALL THAT LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 16 OF BLOCK 117, SECTION B, NEWPORT BEACH AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 117, ALSO BEING THE NORTHEASTERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE) SOUTH 79 °22'58" EAST 178.20 FEET; THENCE NORTH 10 037'02" EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15 022'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 001'22" TO A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00°47'02" EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 °31'53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32 044'52" EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 °58'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10 °13'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 °03138" TO THE EASTERLY RIGHT OF WAY LINE OF 18" STREET (40 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 10 036'36" WEST 287.10 FEET TO THE POINT OF BEGINNING. CONTAINING 1.124 ACRES, MORE OR LESS. DATED THIS 17T" DAY OF AUGUST, 2011. f Y l.-'i t l o , GWEN -VERA DEL CASTILLO, PLS 5108 1N 107005 I U.S. BULtty- t AD LINE 'Ni 6'50'05 "E a 0. (RAD N32'44'52 "E 20'120• O O (RAD PR C) N00 °47'02"W ORAD R- -72.54 4 N 6 2'35' 44 "W eoY 4�en�e N10 °13'33 "W (RAD R= 52.74') 1 (RAD PRC) N N15 °22'54 "E (RAD) I 1 PARCEL 1 Vilen 20120. _ _ B(°L- k 117 7/ ' ° tT o '��A §ontloned 1 ' ' 1 SECPI ' °' 1i23� r�-� 1 N� 16ir�5 ��r 14 113 1� 12 it i� M., M. r q LRT BE40 1 ! X71 Joy 91 L �7 ,1 P.O. B. O i '� L 6, S g �LB�� BEARING DISTANCE E3 C) L E 1 I N l O' 36' 36' E 287. 10' ` `� R D 6 S I O° 37' 02' W 219. 64' - 7 N79° 22' 58' W 178. 20' RADIUS DELTA LENGTH 2 81. 24' 27° 03' 38' 38. 37' 3 72. 01' 42° 58' 25' 54. 01' 4 72, 54' 33° 31' 53' 42, 46' JOB #: 107 -005 5 52. 74' 102° 01' 22' 93, 91' DATE: 8-17 -11 EXHIBIT COAST SURVEYING, INC. SCALE: PARCEL 1 ISOM PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 TRUST TERMINATION TUSTIN, CA 92780 -6527 (714) 918 -6266 Coast surveying, 6ic. August 17, 2011 EXHIBIT "D" LEGAL DESCRIPTION PARCEL2 TRUST TERMINATION PARCEL ALL THAT LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 16TH STREET (40 FEET WIDE, NOW ABANDONED) AND THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE) AS SHOWN ON TRACT NUMBER 234 AS SHOWN ON A MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THENCE ALONG SAID CENTERLINE NORTH 10 °38'49" EAST 70.87 FEET; THENCE NORTH 79 °15'11" WEST 236.74 FEET; THENCE NORTH 10 °44'49" EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15 °20'21" EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 042'13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33 °21'52" WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 007'24" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45 °29'16" WEST; THENCE SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 038'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 68 °07'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 010'47 "; THENCE SOUTH 10 °41'35" WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: 1. SOUTH 79 022'58" EAST 16.13 FEET; 2. SOUTH 79 023'02" EAST 440.04 FEET TO THE POINT OF BEGINNING. CONTAINING 1.499 ACRES, MORE OR LESS. DATED THIS 17TH DAY OF AUGUST, 2011. r x o , L.S. 5108 Y> @�GWEN -VERA DEL CASTILLO, PlS 5108 F �,. CFO IN 107005 BEARING DISTANCE z 1 N10° 41' 35' E 54. 92' — N33'21'52 "W 6 S10° 44' 49" W 199. 43' (RAD PCC) N15'20'21 "E 7 S790 15' lI'E 236. 74' zm; (RAD) 8 S10° 38' 49' W 70. 87' F:-. 9 N79° 23' 02' W 440, 04' 4 10 N79° 22' 58' W 16. 13' o� N >N 6 RADIUS DELTA LENGTH N45'29'1 6 "W l `a° D 2 113. 22' 11° 10' 47° 22: 09' (RAD PCC) 3 239.54' 22° 38' 22' 94. 65' PARCEL 2 0 4 373.41' 12'07'24- 79. 01' g " 2 5 168. 54' 48° 42' 13" 143.27 00 2o, O N_ ? I h t JNo, 2,31 _ �_ (JO o J Ei'•! l - �Abondod ed a S V �3 J NE &F) M M 1 zo' 1 r2 / 77 10 J g l o T 8EA(7H / 3 36 3 �J 2a' Zo o NZ o J J 8 J /J 6 q+ Sck/ 7'q J ti r 1 3 2 1 Q 13 1 maw 0 1 x L 20' Zo' m` J w of P.O.B. R " - D X -�. - -- - o �1 0 co�� Z W w� N 0o�� Coast Surveying, Inc. August 17, 2011 EXHIBIT "D" LEGAL DESCRIPTION PARCEL 3 TRUST TERMINATION PARCEL ALL THAT LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF 15 " STREET, AS SHOWN ON A MAP OF TRACT 234, AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING NORTH 10 040'10" EAST 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF SAID TRACT NO. 234; THENCE NORTH 79 020'30" WEST 146.30 FEET; THENCE SOUTH 10 °39'30" WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE SOUTH 79 020'30" EAST 146.27 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF 15" STREET; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 10 °40'10" EAST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.470 ACRES, MORE OR LESS, DATED THIS 17TH DAY OF AUGUST, 2011. U G� ctS -'A " uo'7�0� GWEN -VERA DEL CASTILLO, PLS 5108 OF JN 107005 Sic. 3rtion of Lot 4 S, Ripw SBM (D PARCEL 3 5 Tr c Alley 7 j 70 j Blocky 1151 '� 13 3 37 EC �19 18 � ' 5 — '� o B i Ne �% 61 5_ _PMg \ 3 I ;�P0�T [ C9/43 44 i A-H 2 E:? C) - i BEARING 1 N10 °39'30'E 2 5790 20' 30' E 3 SIO °40' 10'W 4 N796 20' 30" W 5 N I O' 40' 10' E [SCALE: 1"=60'1 a - ` OUL DISTANCE 140. 00' v 146. 30' 140. 00' 146. 27' 160. 00' I I lI I �o, I 50, 50' I P.O.B. r 'I I , I �- I 3O I w ' I a ' I N I � I ; I I , I ' I ' so, I I , I i lob' co I aRD I rr,tlM i plo I Icn 15031 PARKWAY LOOP, SUITE CA 92780 -6527 (716) 918 -6266 INC. EXHIBIT E LAND DESCRIPTION OF PUBLIC TRUST PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 22 Coast Surveying, Inc. August 17,2011 EXHIBIT "E" LEGAL DESCRIPTION PARCEL1 PUBLIC TRUST PARCEL ALL THAT LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF 15T" STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED "HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CALIFORNIA ", DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 10 040'10" WEST 109.82 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 79 °20'30" WEST 146.30 FEET, THENCE SOUTH 10 039'30" WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE NORTH 79 °20'30" WEST 165.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1956 IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED SOUTH 10 °39'12" WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 79 020'30" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 SOUTH 10 039'12" WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 019'20 WEST 128.80 FEET TO THE CENTERLINE OF 16TH STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10 °38'49" EAST 70.87 FEET; THENCE NORTH 79 °15'11" WEST 236.74 FEET; THENCE NORTH 10 044'49" EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15 °20'21" EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 042'13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33 °21'52" WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 007'24" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45 °29'16" WEST; THENCE SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 038'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 68 007'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °10'47 "; THENCE SOUTH 10 041'35" WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 1 !N 107005 Coast Surveying, Lm. August 17,2011 79 °22'58" WEST 225.76 FEET; THENCE NORTH 10 037'02" EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15 022'54" WEST, THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102`01'22" TO A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00 °47'02" EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 °31'53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32 °44'52" EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 058'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10 013'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27 003'38" TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF 18TH STREET (40 FEET WIDE), THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 10 °36'36" EAST 82.47 FEET TO SAID U.S. BULKHEAD LINE; THENCE ALONG SAID BULKHEAD LINE SOUTH 79 022'11" EAST 1280.68 FEET TO THE POINT OF BEGINNING. CONTAINING 6.958 ACRES, MORE OR LESS. DATED THIS 17" DAY OF AUGUST, 2011. L.S. 5108 GWEN -VERA DEL CASTILLO, PLS 5108 9TF OF 2 IN 107005 U Z e C7 e yz rW rQ N i 0'13'33 "W > -_SRAO PRC =o�n- - _ o (n n N32'44'52 "E - - -- -- U.S. PIER HEAD Ni 6'50'05 "E RAD PRC) '- -- _ uNE a« (RAD 6 3 U.S. EAl B' "•`."° 5 4 (RAO R=72.54') BULKH D LINE 5 O rN 2 N62* '44 "W N33'21'512 ti J� N15- 22.54 "E (RAD R= 52.74') (RAD PCC) N15'20'21'E y (RAD) N4529.15.1 (RAD) P.O.B. - F g1yI e � (R rb v P J C ' C) PARCEL 1 , 11 ' 61 N68'07'38 "W Rg MBrI e ± ct RA CC) D M r 6 p j1 'V"f q q q 1 i "/ e R�W t t 1 1b 11 12 SBM sec. 34fi" $ lot 4 4 Nor low 1 , S BM J11 626 �. r "' �1.._J �s LLl Q 11 , _ BEARING DISTANCE] 1 ! crtzt 2 36 m� -1 eo 1 N10* 36 36 ' ' E 219. 64' ! tiE�'>RO i 6 N 10° ' 36' 36' E 82. 47' 7 S79° 22' 11' E 1280, 68' x U 8 S 10° 40' 10' W 109. 82' 9 N79° 20' 30" W 146. 30' 10 S 10° 39' 30" W 140. 00' 1 0 11 N79 °20'30 ' W 165, 12' RADIUS DELTA LENGTH ji 111 12 S 10° 39' 12° W 20.00' 2 52, 74' 102' O1' 22' 93. 91' n n 13 S79° 20' 30" E 20. 00' 3 72. 54' 33° 31' 53' 42. 46' gl o 14 S 10° 39' 12" W 99. 79' 15 N79° 19' 20' W 128, 80' 4 72. 01' 42° 58' 25" 54. 01' 5; Z 5 81. 24' 27° 03' 38" 38. 37' 16 N10° 38' 49° E 70. 87' 19 168. 54' 48°42' 13° 143. 27' n o i 7 N79° 15' 1]° W 236. 74' o 20 373. 41' 12° 07' 24" 79. 01' 18 N10'44' 49" E 199. 43' ° r N f.- 23 S 10° 41' 35' W 54. 92' 21 239. 54' 22° 36' 22' 94. 65' 1 O 22 113. 22' 11' 10' 47° 22. 09' ° 24 N79° 22' S8° W 225: 76' co 7k wW w—' W � o2 vViN EXHIBIT F PLAT OF AGREED BOUNDARY LINE, PUBLIC TRUST PARCEL AND TRUST TERMINATION PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 23 rjew or} BaY PIER NEAP LINE N.S. Bu LKHEAD LINE (W PARCEL 1�; PARCEL 1 NOTES: - - -- AGREED BOUNDARY LINE PARCELS 1, 2, 3 — TRUST TERMINATION PARCELS PARCEL 1 — PUBLIC TRUST PARCEL 34 T6S, f dot q. 'mua R10W SBM X43 q I 1 Blotk ]i4 % Troct 234 I > 1 I �I I nlc nln of o I� vl d d Z N b m� r A Jn N b 0 aq NU EXHIBIT G FORM OF QUITCLAIM DEED RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. S.L.C. ADxxx/G09 -02.10 WHEREAS, the State =J? September 1, 2011 app' Settlement and Land t Newport Bay, City of Newport Beach a munn Chapter 74 of the Statutes of 317, Statutes of 1997, Ch4pb amended and the State ofd( Commrssron pursuant to Pu6t LINE T ission, at tts ubc'meeting in Sacramento, California on ar Item Nowhrch artl1rized the Compromise Title ,ment RegdM ng Certain Lands in the Vicinity of Lower each, California ( "Agreement') between the City of r ytof Newport Beach, as trustee pursuant to, inter alia, as amended -by Chapter 728, Statutes of 1994, Chapter RStatutes 201, and Chapter 361, Statutes of 2004, as Y iNk(`_`State "), acting by and through the State Lands a, Imces -Code section 6307; and WHEREAS, pursuant,to the Agreement, the City of Newport Beach, a trustee, must convey all its all the right, true, sand mte st in the Trust Termination Parcel to the State of California, acting by and through the S,tatel ands Commission, as more particularly described in Exhibit A, attached hereto; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to accept all right, title, and interest in the Trust Termination Parcel. Now, THEREFORE, The City of Newport Beach, a trustee, does hereby REMISE, RELEASE, and FOREVER quitclaim to the State, acting by and through the State Lands Commission, all its right, title, and interest in the Trust Termination Parcel, as described in Exhibit A. Newport Beach TS &E Final Draft 24 This quitclaim deed is executed by and on behalf of the CITY OF NEWPORT BEACH, a trustee, acting pursuant to law, by its duly authorized undersigned officer. Dated CITY OF NEWPORT BEACH, ACKNOWLEDGMENT OF SIGNATURE TO BE ATTACHED Newport Beach TS &E Final Draft 25 EXHIBIT A LAND DESCRIPTION OF TRUST TERMINATION PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 26 1' RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. S.L.C. ADxxx /G09 -02.10 WHEREAS, the State Larids September 1, 2011 aproved Settlement and Land Exehang Newport Bay, City of Newport Beads, a m icipalit Chapter 74 of the Statutes, of 317, Stattit s of 1997, `A` amended and the State o`f� Commission pusuant to Puht EXHIBIT H F QUITCLAIM DEED LINE FOR'RL -ORDER'S USE T ssion, a*SU c meetiztg in Sacra mento, California on ar Item hich authorized the Compromise Title >ment RCertain Lands in the Vicinity of Lower each,, Califa ( "Agreement ") between the City of �ity O Iewp Beach, as trustee pursuant to, inter alia, as am endey Chapter 728, Statutes of 1994, Chapter atutes 2001, and Chapter 361, Statutes of 2004, as nab"State "), acting by and through the State Lands Yr Code section 6307; and WHEREAS, pursuant to the A ement, the City of Newport Beach, a municipality, must convey all its all the fight, title; and interest in the Public Trust Parcel to the State of California, acting by 'AMA §ffoough the State Lands Commission, as more particularly described in Exhibit A, attae hereto; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to accept all right, title, and interest in the Public Trust Parcel as sovereign land, impressed with all incidents of sovereignty including the Public Trust for commerce, navigation, and fishing. Now,THEREFORE, Newport Beach TS &E Final Draft 27 The City of Newport Beach, a municipality, does hereby REMISE, RELEASE, and FOREVER quitclaim to the State, acting by and through the State Lands Commission, all its right, title, and interest in the Public Trust Parcel, as described in Exhibit A. This quitclaim deed is executed by and on behalf of the CITY OF NEWPORT BEACH, acting pursuant to law, by its duly authorized undersigned officer. Dated: CITY OFAE� WPORT BEACH, A MunicinaComoration FORM: rY ATTORNEY LCUIlle MU1V111111 Assistant City Attorney Leilani I. Brown City Clerk ACKNOWLEDGMENT OF SIGNATURE TO BE ATTACHED Newport Beach TS &E Final Draft 28 EXHIBIT A LAND DESCRIPTION OF PUBLIC TRUST PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 29 EXHIBIT I FORM OF QUITCLAIM DEED RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 THIS LINE FiY' ORDER'S USE A.P.N. S.L.C. ADxxx /G09 -02.10 WHEREAS, the State,I ands Commission at its pullUM eting in Sacramento, California on September 1 2011 ACV, bved Calendar Item No which R-If orized the Compromise Title -> Settlement and Land Echnge Agreement Regarding Certain Lands in the Vicinity of Lower Newport Bay, City of Newport Beach, Califomia ( "Agreement ") between the City of Newport Be h;amunicipali „the City -ofwpoeach, as trustee pursuant to, inter alia, Chapter 74z of the Statutes of 1978, as amended-by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, 'Chapter 7*5& Statutes 2001, and Chapter 361, Statutes of 2004, as amended; hand the State 6WaliforniaN,( "State "), acting by and through the State Lands Comm issionpursuant to Pulilxcesour Code section 6307; and WHEREAS, puisuant to thei9eement, the City of Newport Beach, a trustee, remised, released, and foreve ryyuitclaime to the State, acting by and through the State Lands Commission, all the fight, U1le and interest in the Trust Termination Parcel, as more particularly described in l xlnlit A attached hereto; and WHEREAS, the State, acting by and through the State Lands Commission, has accepted the Trust Termination Parcel; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to convey to the City of Newport Beach, a municipality, all right, title, and interest in the Trust Termination Parcel, as proprietary land, free of all incidents of sovereignty including the Public Trust for commerce, navigation, and fishing. Newport Beach TS &E Final Draft 30 Now, THEREFORE, The State, acting by and through the State Lands Commission, does hereby REMISE, RELEASE, and FOREVER quitclaim to the City of Newport Beach, a municipality, all its sovereign right, title, and interest in the Trust Termination Parcel as described in Exhibit A. This quitclaim is intended to and does terminate any public trust interests of the State in the Trust Termination Parcel. [Remainder of page intentionally 1eff lank Newport Beach TS &E Final Draft 31 IN APPROVAL WHEREOF, I, Governor of the State of California, have set my hand and caused the seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento this _ day of two thousand BROWN JR. Newport Beach TS &E Final Draft 32 EXHIBIT A LAND DESCRIPTION OF TRUST TERMINATION PARCEL [To be completed and inserted] Newport Beach TS &E Final Draft 33 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 RECORDER'S USE A.P.N. County: Orange This Lease consists of this Basic a m l] J Section 4 _ General Provisions SPACE ABOVE THIS LINE FOR W and incorporated parts: Amending or Supplementing Section 1 Premises A ' Site and Location Map SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100 - South, Sacramento, California 95825- 8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF NEWPORT BEACH, hereinafter referred to as Lessee, those certain lands described in Section 3 subject to the reservations, terms, covenants, and conditions of this Lease. Newport Beach TS &E Final Draft 34 MAILING ADDRESS: City of Newport Beach, Trustee 3300 Newport Boulevard Newport Beach, California, 92663 LEASE TYPE: General Lease — Public Agency Use LAND TYPE: Sovereign LOCATION: Filled and unfilled sovereign tide and submerged land in Lower Newport Bay, adjacent to the Balboa Peninsula, specifically between 15r- and 18`' Streets, city of Newport Beach, County of Ora g LAND USE OR PURPOSE: Removal of exis ing t improvements including the mobile home park--c- nstruction of a nW public marina and parking lot xonstruction, use, anted maintenance of a sailing center, pub Mc access paths, and aquatrc,beachfront park; and the continued use and - maintenance of an existing . narking lot, A Jccan e'g on facilities, Midppen space for Wwater- related re rc eatron; as described in the City's EIR document SCH# 200805,1096, certified on May 11, 2010. TERM: 49 y,ars; begrtnurg Septem� er 1, 2011; ending August 31, 2060,2 hns oft effective da e of the amended granting statut ever occ ur�f�rst, or unless sooner terminated '' - .,, was nrovrded =under this Lease. benefit; subject to modification by in Paragraph 2 of Section 4 - General lot, American Legion facility. TO BE CONSTRUC&'�D: Sailing center, marina, parking lot, public access paths, and _. aquatic beachfront patic CONSTRUCTION MUST BEGIN BY: See Paragraph 2 of Section 2 below. AND BE COMPLETED BY: See Paragraph 2 of Section 2 below. LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: Newport Beach TS &E Final Draft 35 N/A SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: 1. It is understood that this Lease is being issued pursuant to a Compromise Title Settlement Exchange Agreement as authorized under Cal. Pub. Res. Code § 6307 between the Lessee and the Lessor and is a necessary and integral component of said Agreement. In the event that there are conflicts between this Lease and that Agreement, the terms of the Agreement shall prevail. 2. Lessee shall remove existing Mobile homes obtaining a Coastal Development Permit and for the proposed Marina Park development. 3. Lessee shall not add or permit any addi described in the City's EIR document (SCH# Marina Park development to be laced on the of the Commission. 4. Lessee shall deposit any revenue g trust fund to be expended for trust City's trust grant NM21 torized charge. 5. Lessor is not respon`srble for a& ddaamage to tools, or machinery ,vi, d R the LeasElP,remis Ga with ises within two years of Federal permits necessary improvements beyond the improvements 051096certifred on May, l 1, 2010) for the ise PrOZses without prrox written consent Xelslil&Premises into the City's public nt to Cal Pub. Res. Code § 6306 and the M heSnark and Uav shall be free from including any vehicles, equipment, n and remediation, shall be carried out in and conditions of all other agencies. 7. Lessee acknowledges and clew: a. The srte'may be subj ct to hazards from natural geophysical phenomena including, but not luiiited to, wages, storm waves, tsunamis, earthquakes, flooding, erosion, and Ate, sea level us6 A b. To assume therisks of injury and damage to Lessee, its agents, employees, contractors permittees, invitees and guests and the Leased Lands from such hazards in connection with the development and use of the Leased Lands subject to any Coastal Development Permit. c. To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury and /or damage from such hazards to Lessee, its agents, employees, contractors, permittees, invitees and guests. Newport Beach TS &E Final Draft 36 d. To indemnity, hold harmless and, at the option of Lessor, defend the State of California, its agencies, officers, agents, and employees, against and for any and all liability, claims demands, damages, injuries, or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to the approval of any Coastal Development Permit involving the Leased Lands, except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. I& 8. The provisions of Section 4, Paragraphs 9 (Insuranc and 9 (Surety Bond) are not applicable. _ 0 Lessor and Lessee shall expeditiously pursue obtaining the if transfer to Lessee, in trust, and under substantially the same t( r the property subject to this Lease, as provrded for in the Co Land Exchange Agreement. 10. This Lease shall terminate if In the provis Newport Beach TS &E Final Draft 37 necessary for State to e statutory trust grant, ,Title Settlement and granted to Section 4 of this Lease, the SECTION 3 LAND DESCRIPTION OF PUBLIC TRUST PARCEL [ To be completed and inserted] Newport Beach TS &E Final Draft 38 SECTION 4 [To be inserted] Newport Beach TS &E Final Draft 39 I0111Nu[I1 1' RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. n/a S.L.C. ADxxx /G09 -02 CER EXHIBIT K TIFICATE OF ACCEPTANCE Y/N6.1RAVA RECORDING This is to certify that%e.=STATE%®F CALIFOVNIA, acting by and through the CALIFORNIA STATE LANDS COMMISS ON, an3agency ofSTATE OF CALIFORNIA, hereby accepts from the CI~3Y OF,NEWPORT B AG a trusteetpursuant to inter alia, Chapter 74 of the Statutes 6f,1 =9`78, as ame ed, he STATEOF CALIFORNIA, the attached Quitclaim Deed dated 2014, of all of he CITY OF NEWPORT BEACH'S right, title and intere_s' As trustee, in 'r',,,-.- propert d -escnbed therein Trust Termination Parcel. The STATE OF CAQFORNIA acting by and through the CALIFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby consents to the recordation of this conveyance 0 tte Office of the Recorder for the County of Orange. [Remainder of page intentionally left blank] Newport Beach TS &E Final Draft 40 This acceptance and consent to recording is executed by and on behalf of the STATE OF CALIFORNIA by the CALIFORNIA STATE LANDS COMMISSION, acting pursuant to law, as approved by Minute Item No. of its public meeting in Sacramento, California on September 1, 2011 by its duly authorized undersigned officer. Dated: STATE OF CALIFORNIA CALIFORNIA STATE LANDS COMMISSION CUR Newport Beach TS &E Final Draft 41 BE ATTACHED EXHIBIT L FORM OF CERTIFICATE OF ACCEPTANCE RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100 -South Sacramento, CA 95825 -8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. n/a S.L.C. AD xxx/ G09 -02 This is to certify.,ZRhat theSTATE OF CALIFORNIA, acting by and through the CALIFORNIA STATE LANDSGOMIv13SSION,agency of the STATE OF CALIFORNIA, hereby accepts from the CITY OF NEWPORT EACH, a municipality in the STATE OF CAI IFO)NIA, the attached Quitclaim Deed dated 2011, of all of the CITY OF NEWPORT BEACH's righttttle and interest in real property described therein Public Trust Parcel „: =r The STATE OF CALIFORNIA, acting by and through the CALIFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby consents to the recordation of this coMv ,anc&in the Office of the Recorder for the County of Orange. The said interests m real property are accepted by the STATE OF CALIFORNIA, in its sovereign capacity in trust for the people of the state, as real property of the legal character of tidelands and submerged lands. [Remainder of page intentionally left blank] Newport Beach TS &E Final Draft 42 This acceptance and consent to recording is executed by and on behalf of the STATE OF CALIFORNIA by the CALIFORNIA STATE LANDS COMMISSION, acting pursuant to law, as approved by Minute Item No. _ of its public meeting in Sacramento, California on September 1, 2011 by its duly authorized undersigned officer. Dated: STATE OF CALIFORNIA CALIFORNIA STATE LANDS COMMISSION In DEED AND ACKNOWLEDGMENT ONSIGNATURWOM BE ATTACHED Newport Beach TS &E Final Draft 43 EXHIBIT M CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property, , by and between the City of Newport Beach, a municipal corporation, as Grantee, and as , as Grantor, is hereby accepted on by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 1992 -82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Office of the Recorder of Orange County; State of California. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leonie Mulvihill Assistant City Attorney ld ATTEST: 21 State On Public, pers'dnall evidence to b`e acknowledged tc by his signature person(s) acted, BEACH, 2= before me, , Notary AVE K1FF, who proved to me on the basis of satisfactory ose name is subscribed to the within instrument and ecuted the same in his authorized capacity(ies), and that ment the person, or the entity upon behalf of which the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Newport Beach TS &E Final Draft 44 EXHIBIT N FORM OF LEGISLATION SECTION 1. (a) There is hereby granted and conveyed in trust to the City of Newport Beach in the County of Orange all the right, title, and interest of the State of California, subject to the City's statutory trust, acquired and held by the state pursuant to the agreement that was approved as Calendar Item XX of the September 1, 2011 State Lands Commission meeting, and which is further described as follows: [INSERT LAND DESCRIPTION] (b) There is hereby granted, conveyed and cbE7f rmed in trust to the - City of Newport Beach in the County of Orange al-- a right, title, and interest of the State of California, subject to t ' City's statutory trust, those lands quieted in the City of Newport Beach, a,- trustee, and located wa terward of the ordinary high tide line lief een 18`�'and 19 °h Streets, as permanently fixed in SCC #40434, filed Apr -i7 17, 1942, Orange County Recorder's Book 1145, Page 172. a (c) The lease of the lands des - ed in subdivision (a), designated as PRC XXXX, from the State Lands Commission t0 the City shall terminate on January 1, 2013. (d) The City shall hold, operate, andmana of the statewide public, the %public trust lands= and (b) in accordance with the terms, trusts, an Chapter 78, Statutes of 1978, as amended by Chap Chapter 317, Statutes of 1997, Chapter`"74_ -;, tat __ 361, Statutes of 2004!N__ in trust for „the benefit j, scribed in subdivisions (a) conditions set forth in X728, Statutes of 1994, es�of 2001, and Chapter Newport Beach TS &E Final Draft 45 MARINA PARK CITY OF NEWPORT BEACH 9 ace This Exhibit is solely for proposes of generally defining the Title Settlement and Exchange parcels, is based on unverified information provided by the City of Newport Beach and is not intended to be, nor shall it be construed as, a waiver or limitation of any State interest in the subject or any other property. W 26334 CITY OF NEWPORTBEACH TITLE SETTLEMENT AND EXCHANGE ORANGE COUNTY Attachment B SEE DOCUMENTS FOR DETAILS. LEGEND: GRANTED TO CITY OF NEWPORT BEACH BY PACIFIC ELECTRIC LAND CO. PER 342/329 DEEDS, REC. 9/22/1919 ORDINARY HIGH TIDE PER SCC NO. 23682 ORDINARY HIGH TIDE LINE PER DECREE QUIETING TITLE PER 1145/172 O.R., REC. 4/17/1942 AGREEMENT FIXING AND ESTABLISHING A BOUNDARY LINE BETWEEN CITY OF NEWPORT BEACH AND PROPERTY OWNERS PER 1117/317 O.R., REC. 11/8/1941 80 • 40 8# SCALE: 1 :0 THIS MAP WAS PREPARED UNDER MY DIRECTION. RUEL DEL CASTILLO, L.S. 4212 sz 2 0 23674r mm y I740 4'ro P. lui \� ZZ, N00q BG Vp W NOTE: THIS MAP IS COMPILED FROM RECORD DATA BETWEEN 18TH STREET AND 19TH STREET. , i !1 u �r Attachment C U Z C7 Z P9 5�::� W� > a � o U) J ll Q I\ � Q a m N O .. 2 ^ra x w Of Of w a 0 a L _ ° ° Cot� r� rn II O o