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HomeMy WebLinkAboutC-5076 - Quitclaim Deed and Declaration of Covenants and Equitable Servitudes for Birch Street Extension Acquisition and Property Conveyance AgreementPROPERTY CONVEYANCE AGREEMENT AND ESCROW INSTRUCTIONS This PROPERTY CONVEYANCE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated as of imaY 2c1 , 2012, and entered into by and among C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman as Trustee ("Brockman"), as the owner of both of the properties identified as the "2100 Mesa Drive Property" and the "2148 Mesa Drive Property" below, the CITY OF NEWPORT BEACH, a California charter city ("City"), and RICHARD MORIARTY, an unmarried man ("Moriarty"). Brockman, City, and Moriarty are sometimes referred to herein individually as a "Party" and collectively as the "Parties." City and Moriarty are sometimes referred to herein individually as a "Transferee" and collectively as the "Transferees." RECITALS A. Brockman is the owner in fee of that certain real property located at 2100 Mesa Drive in the City of Newport Beach, County of Orange, State of California ("2100 Mesa Property"). B. Brockman is also the owner in fee of that certain real property located at 2148 Mesa Drive in the City of Newport Beach, County of Orange, State of California ("2148 Mesa Property"). C. Moriarty is the owner in fee of that certain real property located at 2128 Mesa Drive in the City of Newport Beach, County of Orange, State of California, ("Moriarty Property"). D. City is a municipal body, corporate and politic, and is a charter City duly formed and existing under the laws of the State of California. E. Moriarty purported to grant a Public Safety Easement benefiting City under an instrument entitled "Grant of Easement in Favor of the City of Newport Beach," recorded on or about August 8, 2008 and recorded as Instrument No. 2008000379469, in the official records of the County of Orange ("Public Safety Easement"). Brockman has disputed the validity of the Public Safety Easement, and the right or authority of Moriarty to grant it. F. The Parties desire to enter into this Agreement to effectuate certain property conveyances affecting the properties described above, in order to settle certain disputes among the Parties and certain other governmental agencies. AGREEMENT Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 538/020390-0001 1088418.14 a04/26/12 -1- 1. TRANSACTION SUMMARY. The following is a general description of the transactions contemplated under this Agreement: to City: (a) City. This Agreement provides for the following transactions with respect (i) Brockman, in the capacity as owner of the 2100 Mesa Property, and in exchange for payments from the City of Five Thousand Dollars ($5,000.00) ("City Purchase Price") will convey to City the westerly approximately 30-foot portion of the 2100 Mesa Property, which portion is more particularly described in the legal description attached as Exhibit "3" to the Quitclaim Deed and Declaration of Covenants and Equitable Servitudes attached to this Agreement as Exhibit "A" ("Birch Street Extension"), and the City will, among other things, agree and acknowledge that the curb cut at or near the center point of the northerly lot line on the Mesa frontage of the 2100 Mesa Property is legally established and may continue in use. (ii) Brockman will reserve from the quitclaim of the Birch Street Extension to City easements for vehicular and pedestrian access and for an existing sewer line for the benefit of both the portion of the 2100 Mesa Property that Brockman is not conveying to City and the 2148 Mesa Property. The location of the sewer line is depicted on the As -Built Plans prepared by B\G Engineering, dated June 11, 1997, attached hereto as Exhibit "C" ("Brockman As -Built Plans"). (iii) Brockman, in the capacity both as owner of the 2100 Mesa Property and the 2148 Mesa Property, will grant to the City a replacement public safety easement in the form attached hereto as Exhibit "E" ("Replacement Public Safety Easement"). (iv) City will quitclaim all right, title and interest over portions of the 2100 Mesa Property and the 2148 Mesa Property that may have arisen under the Public Safety Easement, by way of the Easement Quitclaim Deed in substantially the form attached hereto as Exhibit "F" ("City Easement Quitclaim Deed"), in favor of obtaining the substantially similar rights over applicable portions of the 2100 Mesa Property and the 2148 Mesa Property by way of the Replacement Public Safety Easement. (v) City will grant to Moriarty a sewer and access easement in certain real property that City is acquiring from the County of Orange and commonly known by the parties as the "Triangle Parcel", which easement shall be in the form of the Grant of Easement attached hereto as Exhibit "G" ("City/Moriarty Easement"). (b) Moriarty. This Agreement provides for the following transactions with respect to Moriarty: 538/020390-0001 1088418.14 04/26/12 -2- 7 (i) Moriarty has prepared and obtained approval from all applicable permitting authorities a plan for the improvement of the driveway found upon the Birch Street Extension, the Triangle Parcel and the Moriarty Property as shown on Exhibit "H" attached hereto ("Birch Street Improvements") to accommodate safe vehicular and pedestrian access on, over, and through it, along with a multi- use trail including a twelve (12) foot area for equestrian use, which improvements shall not require encroachment or dedication of any portion of the 2100 Mesa Property, shall not impair views from the 2100 Mesa Property, and shall not change applicable grades on the Birch Street Extension except as may be needed to accommodate the improvements but in no event greater than 6 inches, unless previously approved in writing by Brockman. (ii) Prior to conveying the Birch Street Extension to City, Brockman, as owner of the 2100 Mesa Property, will grant to Moriarty, for the benefit of the Moriarty Property, easements in the Birch Street Extension for vehicular and pedestrian access, and for an existing sewer line, in the form attached to this agreement as Exhibit `B " the location of which sewer line is depicted on the Plans prepared by JRV Engineering, Inc., dated December 9, 1999, and as approved by the Costa Mesa Sanitation Department on December 10, 1999, attached hereto as Exhibit "D" ("Moriarty Sewer Plans"); (iii) Brockman will, in both capacities as owner of the 2100 Mesa Property and the 2148 Mesa Property, grant to Moriarty, for the benefit of the Moriarty Parcel, an easement in the easterly portion of the 2100 Mesa Drive Property and the northerly portion of the 2148 Mesa Drive Property for emergency vehicular and pedestrian access and for existing utilities that benefit the Moriarty Property, which easement is more particularly described in the Easement Agreement and Quitclaim Deed attached to this Agreement as Exhibit "B" and referred to herein as "Jackass Alley." (iv) Moriarty to pay to Brockman the sum of Sixty -Five Thousand Dollars ($65,000) ("Moriarty Purchase Price") for the foregoing easement interests. (v) Moriarty to quitclaim to Brockman all right, title and interest in and to the 2100 Mesa Property and the 2148 Mesa Property, including Jackass Alley, with the exception of the easements described in clauses (ii) and (iii) of this paragraph in the form attached hereto as Exhibit "B." Once completed, the City will maintain the Birch Street Extension, along with the multi -use trail contemplated to be established thereon. ESCROW. 2.1 Opening of Escrow. Within three (3) business days after the date of this Agreement, City shall open an escrow ("Escrow") with First American Title Company ("Escrow Holder") at its offices located at 1 First American Way, Santa Ana, CA 92707, by delivering to Escrow Holder a fully executed copy of this Agreement. Upon receipt of a fully 538/020390-0001 1088418.14 a04/26/12 -3- executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder's acceptance attached hereto and notify the Parties of the escrow number it assigns to the Escrow. 2.2 Close of Escrow; Closing Date. The Close of Escrow shall occur within ten (10) days after the date the Closing Conditions in Section 3 (other than the conditions on the delivery of documents and funds into Escrow, which shall occur during said 10 day period) are satisfied or waived by the benefited party, but in no event later than forty-five (45) days after the date of this Agreement ("Closing Date"). If a Party is not in a position to know that a Closing Condition has been satisfied or has not been satisfied, then the Party that is aware of the status of the condition shall immediately notify that Party. 2.3 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the escrow instructions of all of the Parties to Escrow Holder as well as an agreement among the Parties. In the event of any conflict between the provisions of this Agreement and Escrow Holder's standard instructions, this Agreement shall prevail. 2.4 Deliveries by Brockman. No later than one (1) business day preceding the Closing Date, Brockman shall deliver the following to Escrow Holder, each duly executed and acknowledged by Brockman: (a) the Quitclaim Deed and Declaration of Covenants and Equitable Servitudes in the form attached hereto as Exhibit "A" ("Quitclaim and Declaration") quitclaiming to City the Birch Street Extension property and setting forth certain agreements relating to the 2100 Mesa Property and 2148 Mesa Property; (b) the Easement Agreement and Quitclaim Deed (Moriarty) in the form attached hereto as Exhibit "B" ("Moriarty Agreement"); (c) the Replacement Public Safety Easement for the 2100 Mesa Property and 2148 Mesa Property, in the form attached hereto as Exhibit "E" and (d) all other documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement and the portion of the escrow fee for which Brockman is responsible pursuant to Section 2.10. 2.5 Deliveries by City. No later than one (1) business day preceding the Closing Date, Buyer shall deliver the following to Escrow Holder: (a) the Quitclaim and Declaration duly executed and acknowledged by City, and the attached Certificate of Acceptance executed by City which shall be affixed to the Quitclaim and Declaration by Escrow Holder prior to recordation; (b) the Replacement Public Safety Easement duly executed and acknowledged by City, and the attached Certificate of Acceptance executed by City which shall be affixed to the Replacement Public Safety Easement prior to recordation; (c) the City Easement Quitclaim Deed, duly executed and acknowledged by the City and in recordable form in the form attached hereto as Exhibit "F•" 538/020390-0001 1088418.14 a04/26/12 -4- (d) the City/Moriarty Easement, duly executed and acknowledged by the City in the form attached hereto as Exhibit "G;" (e) the City Purchase Price; (f) the executed County documents referred to in items 1, 4, and 5 of Section 2.8 of this Agreement; and (g) all other sums and documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement, including City's portion of the Escrow fees and prorations. 2.6 Deliveries by Moriarty. No later than one (1) business day preceding the Closing Date, Moriarty shall deliver the following to Escrow Holder: (a) the Moriarty Agreement in the form attached hereto as Exhibit `B," duly executed and acknowledged by Moriarty; (b) the Moriarty Purchase Price; and (c) all other sums and documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement, including Moriarty's portion of the Escrow fees and prorations. 2.7 Closing Statement. No later than three (3) business days prior to the Closing Date, Escrow Holder shall deliver an estimated closing statement to City, Moriarty, and Brockman. 2.8 Closing, Recording and Disbursements. On or before the Closing Date (except as otherwise provided below), and when all of the Closing Conditions set forth in Section 3.1 of this Agreement have been satisfied or waived in writing, Escrow Holder shall take the actions set forth in this Section 2.8. (a) Recording. Escrow Holder shall cause the following documents to be recorded in the following order of priority in the Official Records of Orange County, California: 538/020390-0001 1088418.14 a04/26/ 12 1. (County Document) Quitclaim Deed from County to City for the Triangle Parcel 2. Moriarty Agreement (Exhibit "B") 3. Quitclaim and Declaration (Exhibit "A") 4. (County Document) Access Easement Deed from City to County 5. (County Document) Access Easement Deed from City to OCFCD 6. City Easement Quitclaim Deed (Exhibit "F") -5- 7. Replacement Public Safety Easement (Exhibit ` E" ) 8. City/Moriarty Easement (Exhibit "G"). (b) Disbursement of Purchase Price. Escrow Holder shall disburse the Moriarty Purchase Price and the City Purchase Price to Brockman. 2.9 Real Property Taxes. Real property taxes and assessments for the Birch Street Extension shall be prorated between Brockman and City as of the Closing Date based on the most recent available tax statement. If the tax statements for the fiscal tax year during which Escrow closes do not become available until after the Close of Escrow, then the rates and assessed values of the previous year, with known changes, shall be used, and Brockman and City shall re -prorate said taxes outside of Escrow following the Close of Escrow when such tax statements become available. 2.10 Payment of Costs. City, Moriarty, and Brockman each shall pay one-third of the Escrow fee and recording fees for the transactions under this Agreement. Each Transferee shall be responsible for all documentary or transfer taxes imposed in connection with the Transferee's respective transactions and conveyances under this Agreement. 2.11 IRS Reporting Responsibilities. Any returns, statements or reports required to be filed under Section 6045(e) of the Internal Revenue Code of 1986 (or any similar reports required by state or local law) relating to the transactions under this Agreement shall be filed by Escrow Holder and Escrow Holder shall provide evidence to the Parties of its compliance with the provisions of this Section 2.11. 2.12 Escrow Cancellation. If Escrow fails to close due to a Party's default or breach, the defaulting or breaching Party shall pay all fees, charges and expenses actually charged by Escrow Holder and the Title Company to the Parties in connection with the cancellation of the Escrow. If Escrow fails to close for any other reason, each Party shall pay one-third of all such charges. 3. CONDITIONS TO CLOSE OF ESCROW. 3.1 Conditions. In addition to any other condition set forth in this Agreement in favor of any Party, each Party shall have the right to condition its obligation to close the Escrow upon the satisfaction, or written waiver by the Party, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the "Closing Conditions''): (a) Deliveries Made. Each Party has deposited with Escrow Holder all sums and documents required of the Party by this Agreement. (b) Birch Street Improvements. Moriarty shall have obtained from City an encroachment permit for the Birch Street Improvements. (c) Joint Closing. All of the transactions and conveyances described in Section 1 of this Agreement shall be in a position to close concurrently. 538/020390-0001 1088418.14 a04/26/12 -6- (d) No Default. No Party shall be in default of any of its obligations under this Agreement (and shall not have received notice of a default hereunder which has not been cured), and all representations and warranties of each Party contained herein shall be true and correct in all material respects. 3.2 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by a Party, that Party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition. 3.3 Waiver. Any Party may at any time or times, at its election, waive any of the conditions set forth in Section 3.1 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by the Party and delivered to the other Parties and Escrow Holder. 3.4 Termination. In the event each of the Closing Conditions set forth in Section 3.1 is not fulfilled by the outside date for the Closing Date, or such earlier time period as provided for herein, or waived by the benefited Party pursuant to Section 3.3, and provided the benefited party is not in default of this Agreement, the benefited party may at its option terminate this Agreement and the Escrow opened hereunder. No termination under this Agreement shall release any Party then in default from liability for such default. In the event this Agreement is terminated, all documents and funds delivered by any Party to any other Party or Escrow Holder shall be returned immediately to the Party making the delivery. 4. BIRCH STREET IMPROVEMENTS. Moriarty shall complete or cause to be completed the Birch Street Improvements within one hundred ten (110) days after the Closing Date, in all respects consistent with the provisions of Section 4 of Exhibit "B" hereto. City represents that no permits or further approvals are required for the Birch Street Improvements other than a no fee encroachment permit. 5. "AS -IS" SALE; RELEASE OF CLAIMS. Except as may be otherwise specifically provided in the Replacement Public Safety Easement, each Transferee acknowledges and agrees that Brockman, in both the capacity as owner of the 2100 Mesa Property and as owner of the 2148 Mesa Property, shall convey the respective interests in the 2100 Mesa Property and the 2148 Mesa Property to the Transferees, and Transferees shall accept such interest in the Property that is being conveyed to such Transferee pursuant to this Agreement ("Transferee's Property Interest"), "AS IS, WHERE IS, WITH ALL FAULTS." Brockman, in both the capacity as owner of the 2100 Mesa Property and as owner of the 2148 Mesa Property, makes no representations or warranties, express or implied, as to the Transferee's Property Interest or the transactions contemplated by this Agreement. Prior to the date of this Agreement, Transferee shall have had the opportunity to conduct any and all inspections of the Transferee's Property Interest to Transferee's full and complete satisfaction and, if Transferee acquires the Transferee's Property Interest from Brockman, Transferee acknowledges that it will be acquiring the Transferee's Property Interest "AS -IS", "WHERE -IS" and "WITH ALL FAULTS" and subject to any condition which may exist, without any representation or warranty by Brockman. Without limiting the generality of 538/02039O-0001 1088418.14 804/26/12 -7- the foregoing, Transferee hereby assumes all risk and liability (and agrees that Brockman and all successors and assigns shall not be liable for any special, direct, consequential or other damages) resulting or arising from or relating to the ownership, use, condition, location, maintenance, repair, or operation of the Transferee's Property Interest. Except as specifically set forth in this Agreement, Transferee acknowledges and agrees that no person acting on behalf of Brockman is authorized to make, and, by the execution hereof, Transferee hereby acknowledges that no person has made, any representation, agreement, statement, warranty, guaranty or promise regarding the Transferee's Property Interest, its operation, or the transactions contemplated herein, or regarding the physical or environmental condition or other status of the Transferee's Property Interest, and no representation, warranty, agreement, statement, guaranty or promise, if any, made by any person acting on behalf of Brockman which is not contained herein shall be valid or binding upon Brockman. The Parties hereby release one another, and each others' successors and assigns from any and all claims, actions, judgments, liabilities, penalties, fines, costs, expenses or damages which in any way and at any time relate to or arise from, directly or indirectly, the subject matter of this agreement, Jack Ass Alley, the Birch Street Extension, the Transferee's Property Interest or Brockman's ownership thereof. The Parties acknowledge that they are familiar with and voluntarily waive any right or benefit from Section 1542 of the Civil Code of the State of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Parties waive and relinquish any right or benefit they have or may have under any similar provision of the statutory or non -statutory law of any jurisdiction. The Parties acknowledge and agree that the disclaimers and other agreements set forth herein are an integral part of this Agreement and they would not have agreed to the transactions contemplated in this agreement without the disclaimers and other agreements set forth above. CITY'S MORIARTY'S BROCKMAN'S INITIALS INITIALS: INITIALS: 6. MISCELLANEOUS. 6.1 Notices. All notices required to be delivered under this Agreement to another Party must be in writing and shall be effective (a) when personally delivered by the Party or messenger or courier thereof; (b) three (3) business days after deposit in the United States mail, registered or certified; (c) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or (d) if a fax number is listed below, upon receipt of a facsimile transmission, in each case postage fully prepaid and addressed to the respective Parties as set forth below or to such other address and to such other persons as the Parties may hereafter designate by written notice to the other Parties hereto: 538/020390-0001 1088418.14 a04/26/12 -8- the foregoing, Transferee hereby assumes all risk and liability (and agrees that Brockman and all successors and assigns shall not be liable for any special, direct, consequential or other damages) resulting or arising from or relating to the ownership, use, condition, location, maintenance, repair, or operation of the Transferee's Property Interest. Except as specifically set forth in this Agreement, Transferee acknowledges and agrees that no person acting on behalf of Brockman is authorized to make, and, by the execution hereof, Transferee hereby acknowledges that no person has made, any representation, agreement, statement, warranty, guaranty or promise regarding the Transferee's Property Interest, its operation, or the transactions contemplated herein, or regarding the physical or environmental condition or other status of the Transferee's Property Interest, and no representation, warranty, agreement, statement, guaranty or promise, if any, made by any person acting on behalf of Brockman which is not contained herein shall be valid or binding upon Brockman. The Parties hereby release one another, and each others' successors and assigns from any and all claims, actions, judgments, liabilities, penalties, fines, costs, expenses or damages which in any way and at any time relate to or arise from, directly or indirectly, the subject matter of this agreement, Jack Ass Alley, the Birch Street Extension, the Transferee's Property Interest or Brockman's ownership thereof. The Parties acknowledge that they are familiar with and voluntarily waive any right or benefit from Section 1542 of the Civil Code of the State of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Parties waive and relinquish any right or benefit they have or may have under any similar provision of the statutory or non -statutory law of any jurisdiction. The Parties acknowledge and agree that the disclaimers and other agreements set forth herein are an integral part of this Agreement and they would not have agreed to the transactions contemplated in this agreement without the disclaimers and other agreements set forth above. CITY'S MORIAR INITIALS: INITIALS • 6. MISCELLANEOUS. v BROCKMAN'S INITIALS: 6.1 Notices. All notices required to be delivered under this Agreement to another Party must be in writing and shall be effective (a) when personally delivered by the Party or messenger or courier thereof; (b) three (3) business days after deposit in the United States mail, registered or certified; (c) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or (d) if a fax number is listed below, upon receipt of a facsimile transmission, in each case postage fully prepaid and addressed to the respective Parties as set forth below or to such other address and to such other persons as the Parties may hereafter designate by written notice to the other Parties hereto: 538/020390-0001 1088418.14 a0426/I2 -8- the foregoing, Transferee hereby assumes all risk and liability (and agrees that Brockman and all successors and assigns shall not be liable for any special, direct, consequential or other damages) resulting or arising from or relating to the ownership, use, condition, location, maintenance, repair, or operation of the Transferee's Property Interest. Except as specifically set forth in this Agreement, Transferee acknowledges and agrees that no person acting on behalf of Brockman is authorized to make, and, by the execution hereof, Transferee hereby acknowledges that no person has made, any representation, agreement, statement, warranty, guaranty or promise regarding the Transferee's Property Interest, its operation, or the transactions contemplated herein, or regarding the physical or environmental condition or other status of the Transferee's Property Interest, and no representation, warranty, agreement, statement, guaranty or promise, if any, made by any person acting on behalf of Brockman which is not contained herein shall be valid or binding upon Brockman. The Parties hereby release one another, and each others' successors and assigns from any and all claims, actions, judgments, liabilities, penalties, fines, costs, expenses or damages which in any way and at any time relate to or arise from, directly or indirectly, the subject matter of this agreement, Jack Ass Alley, the Birch Street Extension, the Transferee's Property Interest or Brockman's ownership thereof. The Parties acknowledge that they are familiar with and voluntarily waive any right or benefit from Section 1542 of the Civil Code of the State of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Parties waive and relinquish any right or benefit they have or may have under any similar provision of the statutory or non -statutory law of any jurisdiction. The Parties acknowledge and agree that the disclaimers and other agreements set forth herein are an integral part of this Agreement and they would not have agreed to the transactions contemplated in this agreement without the disclaimers and other agreements set forth above. CITY'S MORIARTY'S INITIALS: INITIALS: 6. MISCELLANEOUS. BROCKMAN' S INITIALS 6.1 Notices. All notices required to be delivered under this Agreement to another Party must be in writing and shall be effective (a) when personally delivered by the Party or messenger or courier thereof (b) three (3) business days after deposit in the United States mail, registered or certified; (c) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or (d) if a fax number is listed below, upon receipt of a facsimile transmission, in each case postage fully prepaid and addressed to the respective Parties as set forth below or to such other address and to such other persons as the Parties may hereafter designate by written notice to the other Parties hereto: 538/020390-0001 1088418.14 a04/06/12 -8- To Brockman: Copy to: Carla Brockman 3857 Birch St., #607 Newport Beach CA 92660-2616 Facsimile: (949) 851-8457 Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: David Cosgrove, Esq. Facsimile: (714) 546-9035 To City: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: City Manager Facsimile: (949) 644-3020 Copy to: To Moriarty Copy to: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: City Attorney Facsimile: (949) 644-3139 Richard Moriarty 2128 Mesa Drive Newport Beach, CA 92660-1709 Facsimile: (949) 645-2937 Jones Day 3161 Michelson Drive, Suite 800 Irvine, CA 92612 Attn: Paul F. Rafferty Facsimile: (949) 553-7359 6.2 Assignment. No Party may assign this Agreement or any right or privilege that Party has under this Agreement without the prior written consent of the other affected Party(ies), which may be granted or withheld in such party's(ies') sole discretion. Notwithstanding the foregoing, in the event Brockman or Moriarty desire to sell the parcel or parcels they own that are the subject of this Agreement and the sale occurs prior to the Closing Date, such Party shall have the right, and shall be required as a condition to the sale, to assign this Agreement to the buyer, with such assignment to become effective upon the sale of the parcel to the buyer. 6.3 Time of the Essence. Time is of the essence with respect to each of the terms, covenants, and conditions of this Agreement. 6.4 Attorneys' Fees. If any Party to this Agreement commences an action against any other Party to this Agreement arising out of or in connection with this Agreement, the prevailing 538/020390-0001 1088418.14 u04/26/12 -9- Party shall be entitled to recover reasonable attorney's fees and costs of suit from the losing Party. 6.5 Binding on Heirs. This Agreement shall be binding upon the Parties hereto and. their respective heirs, representatives, transferees, successors, and assigns. 6.6 Entire Agreement, Waivers, and Amendments. This Agreement and its exhibits contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the Parties affected by the amendment. 6.7 Representations. Each Party hereby makes the following representations and warranties to each of the other Parties: (a) the Party has the full right and authority and has obtained any and all consents required to enter into this Agreement and to consummate or cause to be consummated the transactions contemplated hereby; and (b) there is no agreement to which the Party is a party or, to the Party's knowledge, binding on the Party which is in conflict with this Agreement and there is no action or proceeding pending or threatened against the Party which challenges or impairs the Party's ability to execute or perform its obligations under this Agreement. 6.8 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by all Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. 6.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 6.10 City Approvals and Actions. This Agreement shall be administered on behalf of City by the City Manager, or his designated representative, following approval of this Agreement by the City Council. The City Manager (or his authorized representative) shall have the authority to issue interpretations, extend times for performance, waive provisions and enter into amendments of this Agreement on behalf of City so long as such actions do not substantially add to the costs of City as specified herein or materially change the transactions contemplated hereunder. 6.11 Covenants to Survive Escrow. The covenants and agreements contained in this Agreement shall survive the Close of Escrow and shall not be merged with any of the documents to be recorded at the Closing. 6.12 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties are not signatories to the original or the same counterpart. 538/020390-0001 1088418.14 104/26/12 _10_ 6.13 Exhibits. Exhibits "A," `B," "C," "D," "E," "F," "G" and "H" attached to this Agreement are incorporated herein by this reference and made a part hereof. Said Exhibits are identified as follows: Exhibit "A" - Quitclaim Deed and Declaration of Covenants and Equitable Servitudes Exhibit `B" - Easement Agreement and Quitclaim Deed (Moriarty) Exhibit "C" - Brockman As -Built Sewer Plans Exhibit "D" - Moriarty Sewer Plans Exhibit "E" - Replacement Public Safety Easement (2100 and 2148 Mesa Property) Exhibit "F" - City Easement Quitclaim Deed Exhibit "G" - City/Moriarty Easement Exhibit "H" - Birch Street Improvement Plan 538/020390-0001 1088418.14 404/26/12 [signatures on next page] -11- IN WITNESS WHEREOF, Brockman, City, and Moriarty have entered into this Agreement to be effective as of the date first set forth above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 538/020390-0001 1088418.14 004/06/12 "BROCKMAN" C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 CARLA ZW T BROCKMAN, TRUSTEE "CITY" CITY OF NEWPORT BEACH, a California charter city By: Its:: "MORIARTY" RICHARD MORIARTY -12- IN WITNESS WHEREOF, Brockman, City, and Moriarty have entered into this Agreement to be effective as of the date first set forth above. City Attomey 538/020390-0001 1088418.14 a04/26/12 "BROCKMAN" C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 CARLA ZWART BROCKMAN, TRUSTEE "CITY" CITY OF NEWPORT BEACH, a California charter city By: CL-`^rkn 1 Its: CA f\j MOLAQ e \ "MORIARTY" RICHARD MORIARTY -12- IN WITNESS WHEREOF, Brockman, City, and Moriarty have entered into this Agreement to be effective as of the date first set forth above. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 538/020390-0001 1088418.14 a04/26/12 -12- "BROCKMAN" C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 CARLA ZWART BROCKMAN, TRUSTEE "CITY" CITY OF NEWPORT BEACH, a California charter city By: Its: "rAy. \AAA" RICHARD MORIARTY ACCEPTANCE BY ESCROW HOLDER The undersigned hereby acknowledges that it has received a fully executed copy of the foregoing Property Conveyance Agreement and Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder. Date: 538/020390-0001 1088418.14 a04/26/12 FIRST AMERICAN TITLE COMPANY 2012 By: Name: Title: -13- EXHIBIT "A" QUITCLAIM DEED AND DECLARATION OF COVENANTS AND EQUITABLE SERVITUDES WHEN RECORDED MAIL TO: City of Newport Beach P.O. Box 1768 3300 Newport Blvd. Newport Beach, CA 92663 Attn: Deputy City Clerk (Space Above for Recorder's Use) Exempt from Recordation Fee per Gov. Code § 27383 DOCUMENTARY TRANSFER TAX IS $ Computed on the consideration or value of property conveyed, OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. QUITCLAIM DEED AND DECLARATION OF COVENANTS AND EQUITABLE SERVITUDES This QUITCLAIM DEED AND DECLARATION OF COVENANTS AND EQUITABLE SERVITUDES ("Declaration") is entered into this day of 2012, by and between the C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman as Trustee ("Grantor"), and the CITY OF NEWPORT BEACH, a California charter city ("City"). RECITALS A. Grantor is the owner of those certain real properties more commonly known as 2100 Mesa Drive and 2148 Mesa Drive, located within the boundaries of the City of Newport Beach. The 2100 Mesa Drive Property consists generally of 2.37 acres, and is located on the south side of Mesa Drive near Birch Street and is more specifically described in the legal description attached hereto as Exhibit "1" ("Total Parcel"). The 2148 Mesa Property consists generally of property bearing Orange County Assessor Parcel No. 439-061-05, and is located southerly of the, 2100 Mesa Property. The 2148 Mesa Property is more specifically described in Exhibit "5" hereto ("2148 Mesa Parcel"). 538/02039D000i 1088418.14 a04/26/12 B. City is a municipal body, corporate and politic, and is a charter city duly formed and existing under the laws of the State of California. City owns right of way interests over properties adjacent to or in close proximity to the Total Parcel, which it holds and maintains for public right of way uses. The properties over which City holds such right of way and other interests is more specifically described in Exhibit "2" attached hereto (collectively, the "Public Parcel"). C. Questions have arisen among Grantor, City, and others with respect to each of the Parties' respective rights, interests and obligations over various portions of the Total Parcel. In order to resolve such disputes, Grantor will quitclaim its right, title and interest in and to the portion of the Total Parcel more particularly described in the legal description attached hereto as Exhibit "3" ("Conveyance Parcel"). Such conveyance benefits City, in that it will clarify currently unclear issues with respect to the scope of public access on, over, and through portions of such property and avoid litigation. D. As partial consideration of Grantor's quitclaim of the Conveyance Parcel to City and in consideration for the benefits which will be derived by City thereby, City has agreed to state and be bound by certain interpretations of its Zoning Code with respect to the portion of the Total Parcel that Grantor is not quitclaiming to City ("Grantor Remainder Parcel"), and to continue to treat the Grantor Remainder Parcel as continuing to include the Conveyance Parcel for the purposes of the application, interpretation, and implementation of land use and other zoning requirements of City. NOW, THEREFORE, in consideration of all the foregoing, the Parties hereby covenant as follows: 1. Quitclaim of Conveyance Parcel. For a valuable consideration, receipt of which is hereby acknowledged, and except for the reservations stated herein, Grantor does hereby remise, release, and quitclaim to City any and all right, title and interest held by Grantor in and to the Conveyance Parcel, subject to all easements, encumbrances, covenants, and other matters of record or apparent by a physical inspection of said property and subject to the reservations in this Declaration. Immediately prior to the recordation of this Declaration, Grantor conveyed to the owner of the property located at 2128 Mesa Drive certain easements in the Conveyance Parcel, and City acknowledges that its interest in the Conveyance Parcel shall be subject to the easements in said easement agreement. 2. Reservation of Easements. Grantor does hereby reserve from the quitclaim of the Conveyance Parcel to City the following easements: (i) A nonexclusive easement in perpetuity on, over, under, across, and through the Conveyance Parcel, appurtenant to and for the benefit of the Grantor Remainder Parcel and the 2148 Mesa Parcel for the purpose of owning, operating, reconstructing, maintaining, repairing, improving, and replacing an existing sewer line and related facilities in the location shown on the As -Built Plans for the Conveyance Parcel prepared by B\G Engineering and dated June 11, 1997, a reduced copy of which is attached hereto as Exhibit "4" together with the rights of ingress and egress on, over, and across the Conveyance Parcel as reasonably necessary to enable Grantor to own, operate, reconstruct, maintain, repair, improve, and replace said sewer line and related facilities. 538/020390-0001 1088418.14 00426/I2 -2- A full copy of the As -Built Plans referred to in the preceding sentence is attached as an exhibit to that certain Property Conveyance Agreement and Escrow Instructions dated 2012, among Grantor, City, and a certain other party ("Conveyance Agreement"), which Conveyance Agreement is on file with the Parties. The Parties shall upon request provide copies of the Conveyance Agreement to any successors in interest to the Total Parcel. (ii) A nonexclusive easement in perpetuity over and across the Conveyance Parcel for vehicular and pedestrian access, ingress and egress. The foregoing easements shall be appurtenant to and shall benefit both the Grantor Remainder Parcel and the 2148 Mesa Parcel. 3. Treatment of Grantor Remainder Parcel. a. City covenants that the westerly frontage of the Grantor Remainder Parcel • shall constitute the front property line, and the easterly portion shall constitute the rear property line, for all purposes under the Municipal Code of the City of Newport Beach, and will be interpreted as such with respect to all interpretation, application, and implementation of the provisions of such Code. b. City covenants that it, in all questions of interpretation, application, or implementation of any provision of the Municipal Code of the City of Newport Beach, shall treat the Grantor Remainder Parcel as containing the full amount of square footage area, and lot and roadway frontage, as the Total Parcel as described in Exhibit "1" attached hereto, as if the Conveyance Parcel had not been conveyed to City and as if the Grantor Remainder Parcel is comprised of the Total Parcel. Grantor, and its successors and assigns, shall have any and all rights to development area, floor area ratio, lot coverage, and all other benefits touching upon or relating to potential use or development of the Grantor Remainder Parcel, notwithstanding the diminution in size, area, shape, or frontage by way of Grantor's quitclaim of portions of the Total Parcel to City. c. City agrees and acknowledges that the curb cut at or near the center point of the northerly lot fine on the Mesa frontage of the Total Parcel is legally established, and may continue in use. 4. Improvement Work on Public Parcel. City agrees and acknowledges that in performing any construction, maintenance, relocation, or other improvement work on the Conveyance Parcel, it shall not require encroachment or dedication of any portion of the 2100 Mesa Property, shall not impair views from the 2100 Mesa Drive Property, and shall not change applicable grades on the Birch Street Extension except as may be needed to accommodate the improvements but in no event greater than six (6) inches from that surface grade existing at the time of this Declaration, without the express written consent of the owner of the Grantor Remainder Parcel. 5. Benefited and Burdened Parcels. The Public Parcel is identified as the burdened parcel under this Declaration. The Grantor Remainder Parcel is the parcel benefited by the covenants under this Declaration. The 2148 Mesa Parcel also benefits from the reserved 538/020390-0001 1088418.14 a04/26/12 -3- easements set forth in Section 2 of this Declaration. City and Grantor acknowledge and agree that the provisions of this Declaration "touch and concern" both the benefited and the burdened parcels, in that City's agreement to the interpretation and transfer of development rights as set forth hereunder affect the range and intensity of the uses and improvements which may be placed on the Public Parcel, by both it and its citizens. The covenants hereunder "touch and concern" the benefited parcel by assuring Grantor of the benefits of various interpretations of the application of the City's Municipal Code's zoning provisions, and provides long-term assurance of certain development rights which may inure to the Remainder Grantor Parcel, both in terms of present and potential future development. 6. Covenants Run with Land. The covenants contained herein run with the land, burdening the Public Parcel and operating for the benefit of the Grantor Remainder Parcel and the 2148 Mesa Parcel with respect to the reserved easements and other matters herein. A copy of this Declaration shall be recorded in the Office of the County Recorder for the County of Orange. The covenants herein are binding on successors and assigns. 7. Letter in File. In addition to this Declaration, City shall place and maintain a letter indicating its agreement to the interpretations of the Zoning Code and transfer of development rights contained herein. That letter shall be kept with the records of the Grantor Remainder Parcel, in such a manner as to be readily accessible for all City personnel in their dealings with respect to the Grantor Remainder Parcel. 8. Authority. The Parties warrant, each to the other, that the signature appearing on the respective warranting parties' behalf below is authorized to sign on behalf of that party, and bind it to the terms contained herein, and that in so doing, such party is not thereby in breach of any other contract, covenant, or agreement. 9. Attorneys' Fees. In the event of any suit, action, or other proceeding, in law or at equity, relating to the enforcement of any of the terms of this Declaration, the prevailing party shall be entitled to an award of reasonable attorneys fees. As used herein, "attorneys fees" include fees for legal services, expert witness fees, fees for document production in pursuit of discovery, including transcripts, and other costs normally allowable in judicial proceedings. 538/020390-0001 1088418.14 a04/26/12 [signatures on next page] -4- IN WITNESS WHEREOF, Grantor and City have entered into this Declaration as of the date first set forth above. 538/020390-0001 1088418.14 a04/26112 -5- "GRANTOR" C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 CARLA ZWART BROCKMAN, TRUSTEE "CITY" CITY OF NEWPORT BEACH, a California charter city By: Its: State of California County of Orange On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California County of Orange On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390-0001 1088418.14 404/26/12 -6- ACCEPTANCE CERTIIFICATE Pursuant to the provisions of Resolution 92-82, approved July 27, 1992, of the City of Newport Beach, State of California, I, David Kiff, City Manager of the City of Newport Beach, hereby request recordation of the within Quitclaim Deed and Declaration of Covenants and Equitable Servitudes, and accept on behalf of the public the interest in real property conveyed by the within Quitclaim Deed and Declaration of Covenants and Equitable Servitudes, dated 2012, from the C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman as Trustee. DAVID KIFF City Manager of the City of Newport Beach State of California ) County of Orange ) Dated: 2012 On before me, (insert name and title of the Slicer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390-0001 1088418.14:104/26/12 -7- EXHIBIT "1" TO DECLARATION LEGAL DESCRIPTION OF TOTAL PARCEL That certain real property located in the City of Newport Beach, County of Orange, State of California legally described as follows: PARFEL 1; THIAii INSITIONS.DF LOTS II PORTIONS OF MESA DRIVE AND BIRCH .STREET. THFSFIIF 8S0$DEI/ IN BIX1E 11, PALIF4SI 23. OF UWICE OP THE CYH INTY IILcnaDEB OP SAID COUNTY, DERCRT HiINAS9 MAPS. IN TOE OLLOWSC MINNOW AT A POINT CSJ1 THE CtNl sal UNE OF MEN ORIVS. 310.e7 ItFr NORTHWEsrtRLV OF THE C7?4TER. UNE INTERSECTION OP SAID MESA DRIVE WITH THE CENTER UNE OF CYPRESS STREET. SAID POINT OF REDINNIN0 RUNG Al sn NORTH 30• I1' 40' WEST 1634.43 FEET AS MEASURED ALONG THE SAID CENTER UNE OP MESA DRIVE FROM THE EASTERLY CORNER OF LOTIII IN WNW 31 OF INV1P1n SUBDIVISION. AS SHOWN ON A MAP THEREOF RECORDED IN BOOK I, PAOI;SI ¢9, UFFICIAL RECORDS. IS THE C1FVICS OF THE COUNTY RECORDER OF SAID CTRINTY1 THENCE SCRITM 3/m 13• M' WEST:2 03 FEES; THENCE NORTH AIM I1' 43` WEST ALONG A UNE PARALLEL WITH SAID MESADRIVE-489.33 FEET TO A POINT SAID POINT BEING UN A (SIEVE CONrAVt N4HCTNW55TERLY HAVING A RADIUS OF S00.00 FEET. THE RADIAL UNE OF W D CARVE FROM SAIO POINT SEARS NORTH No 23' RS• WEST: THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE CIF IY +O' CO'. AN ARC Dist ANCE CIF' I10.51 FEETTO A UNE TANGENT, SAID UNE TA* ENT BERM UNE PRCILNQATI IN OF THE CbIVTeR UNE. OF SIRCN STREET, AS MEASURES, AT MONT ANGLES OF 11E141 DRIVE FROM WE CENTER UNE INTDISEC III W OF MESA DRIVE AND 0II1111 STUEF7; THENCE NIACIN 3CH AB' 13' EAST 130,11 FEET To Sinn CENTER UNE INTERSEITION OP MIRA DRIVE AND BIRCH STREET. TWEWL E SOUTH ICd 11' 45 EAST ALONG THR C'ENTCR LINE. OF MESA DRIVE 419.23 TEST TO THE NNW UF REC3N NINO. THAT PORTION OF BIRCH ROUE 23 PACE SI 23, UFRCIAL THE COUNTY RECORDER OF SAID UE'RRIBED LAND. 'WAS ABANDONED RESOL1.17111N OF ABANDONMENT BUN PACM AI bill OFFICIAL RECORDS A MAP OF TRAIT WS. 14E111NDED IN NERVES MAPS, W. THE OFFICE OF NCUIDED WITHIN THE miasma 1ULY 1SL 19S1. A CERTIFIED COPY OP ;ECORDED /ULY 17. IAD IN sum OAS,. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY' PURPOSES 30 PEST IN WIIIT7I. OVER 1HC1SE PORTIONS or LOU 110 10 121 INCLUSIVE OF TRACT NO, 706. dNCU DCNO A PORTION OF BIRCH STREET IN T14E CITY OF NEW PORT BEACH. CILIA TY CIP ORANGE. SLATE OF CAUFORNIA. AS WORN ON A MAP THEREOF RECORDED 1N BERM 21, PAGEISl ;5. MISCELLANEOUS MAPS, RECORDS of ORANGE COUNTY. LYING SIOITHWETTERLY UP AND AOIGININO THE sotjTHWEATERLY LINE OF PANI•EL I HI7CEIN. 538/020390-0001 1088418.14 404/26/12 EXHIBIT "2" TO DECLARATION LEGAL DESCRIPTION OF PUBLIC PARCEL That certain real property located in the City of Newport Beach, County of Orange, State of California legally described as follows: That portion of Birch Street, in theCity o€ Newport Beach. County of Orange, State of California, shown an a map of Tract No. 706 recorded in book 21, page 25 of Miscellaneous Maps in the office of the County Recorder of said county, and abandoned by ttfat certain Resolution of the Board of Supervisors of said county, recorded July 17, t9S1 in book 2145, papa 818 of Official Records in the office of said County Recorder, bounded as follows: thwesterly by the center line eastorty by the northwester' fir, easterly by the northwesterly.pr tarty by the southwesterly line a (and described as -Parcel No. 1' in a deed to Ca Brockman Revocable Trust, recorded February or said Official Records. aining 0.152.Acre. more or APPROVED' 538/020390-0001 1088418.14 a04/26/12 said Tract; f said Traci; he northeasterly line of said Lot longa`'on of the of the C.Z. 10087243. Project: Upper Newport Bay Regional Park Project No,: PR47D Parcel No.: 304 Those portions of Birch Street and Lof 121, 7n the City of Newport Beach. County of Orange, State of California, shown on a map of Tract No. 706 recorded in bock 21, page 25 of Miscellaneous Maps In the office of the County Recorder of said county, end abandoned by that curtain Resolution of the Board of Supervisors al said county, recorded July 17, 1951 In book 2145, page 618 of Official Records in the office of sald County Recorder, bounded as follows: Northwesterly by the centerlin d dreet per said Tract; Southeasterly by a line that paretlel and concentric with and 30,00 feet southeasterly from (he centerline of said Birch Street; Northeasterly by the southwesterly line and its northwesterly prolongat on of the land described as "Parcel 1' In a deed to Carla Zwart Brockman, as trustne of the C.Z. Brockman Revocable Trust, dated June 7, 1989, said deed being recorded February 17, 1998 as Document No. 19980087243 of said Official Records; and Westerly by the northerly prolongation of that certain course shown as'T-7' having a bearing and length of 8.13°10'4016N., 24,03 feet, in the generally southeasterly line of the land described as Parcel'F01-105,01" to the Orange County Flood Control District as shown on page 3 of Record of Survey 93-1026 filed in book 146, pages 2 through 7 of Records of Survey in the office of said County Recorder, Containing 825 Square Feet. more or less, See EXHIBIT f3 attached and by reference made a part APPROVED Date: 538/020390-0001 1088418.14 a0426/ 12 -2- EXHIBIT "3" TO DECLARATION LEGAL DESCRIPTIION OF CONVEYANCE PARCEL That certain real property located in the City of Newport Beach, County of Orange, State of Califomia legally described as follows: tional 'T NTR47C Parcel 1Vo.: 102 That portion of Bircport Beach, County of Grange, Stst of California. shown an a rnap of Treet No. 70ti raaordad in book 21, page 25 of Aiscellareette Maps in the office of lyre County Recorder of said county, and abandoned by that certain Resolution of the Board of Supervisors al said county, recorded July 17, 1951 in book 2145, page 618 of official Records in the office of said County Recorder, bounded asfoilawa: !haves ter€y by the center lsne of paid Birch Street per said Tract the ntprlhraresterly dine of Lot 121 of said Tract prolongation of the northeasterly line o asttriy 121; artd Southby the aosstfrwesterly lire and its non hsvestedy Prolongation of the land described as Parcel No, 1" in a deed to CarfaZwert Brockman, as trustee of IheC.2. Brockman Revocable Tna:;t, recorded February 17, 1998 as Document No. 1 87243 of said Official Records., Containing 0,152 Acre, mar APPROVED: Paul need Surveyor,. L..S. 5109 ion Data: June 30, 2003 538/020390-0001 1088418.14 a0426/12 EXHIBIT "4" TO DECLARATION AS -BUILT PLANS - 2100 MESA AND 2148 MESA PROPERTIES 538/020390-0001 1038418.14 a04/26/12 EXHIBIT "5" TO DECLARATION LEGAL DESCRIPTION OF 2148 PARCEL That certain real property located in the City of Newport Beach, County of Orange, State of California legally described as follows: PARCEL I: THAT PORTION OF LOT 152 IN BLOCK 51 OF IRVINES SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOTS 114, 115, 118 AND 119 OF TRACT 706, RECORDED IN BOOK 21 PAGE 25, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, ALL IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS STREET AND MESA DRIVE AS SHOWN ON A MAP OF SAID TRACT 706; THENCE NORTH 50 DEGREES 11' 45" WEST ALONG THE CENTERLINE OF SAID MESA DRIVE, 310.62 FEET; THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06 FEET TO THE TRUE POINT OF BEGINNING. SAID POINT OF BEGINNING ALSO BEING THE MOS: SOUTHERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROLAND H. GAPP AND WIFE, RECORDED JANUARY 11, 1952 IN BOOK 2273 PAGE 175, OFFICIAL RECORDS. THENCE, CONTINUING SOUTH 36 DEGREES 13' 05" WEST 551.55 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO JAMES L. RUBEL AND WIFE, BY DEED RECORDED JULY 23, 1951 IN BOOK 2207 PAGE 198, OFFICIAL RECORDS; THENCE NORTH 76 DEGREES 11' 45" WEST ALONG SAID SOUTHERLY LINE, 175.00 FEET; THENCE NORTH 36 DEGREES 13' 05" EAST 628.41 FEET TO A LINE THAT BEARS NORTH 50 DEGREES 11' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 50 DEGREES 11' 45" EAST 162.10 FEET TO SAID TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 30 FEET IN WIDTH. THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MESA DRIVE, AS SHOWN BY SAID MAP OF TRACT 706 DISTANT THEREON NORTH 50 DEGREES 11' 45" WEST 310.62 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER OF CYPRESS STREET AS SHOWN ON SAID MAP AND RUNNING THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN MESA DRIVE. 538/020390-0001 1088418.14 a04/26/I2 EXHIBIT "B" EASEMENT AGREEMENT AND QUITCLAIM DEED (Moriarty) WHEN RECORDED MAIL TO: Carla Brockman 3857 Birch St., #607 Newport Beach CA 92660-2616 (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX $ 0 .....Computed on the consideration or value of property conveyed; OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. EASEMENT AGREEMENT AND QUITCLAIM DEED This EASEMENT AGREEMENT AND QUITCLAIM DEED ("Agreement") is entered into this day of , 20.12, by and between C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman as Trustee, ("Brockman"), and RICHARD MORIARTY, an individual ("Moriarty"). RECITALS A. Brockman is the owner in fee of (i) that certain real property located at 2100 Mesa Drive in the City of Newport Beach, County of Orange, State of California ("2100 Mesa Property"), and (ii) that certain real property located at 2148 Mesa Drive in the City of Newport Beach, County of Orange, State of California ("2148 Mesa Property"). The 2100 Mesa Drive Property and the 2148 Mesa Drive Property are more particularly described in the legal descriptions attached hereto as Exhibits "1-A," and "1-B." B. Moriarty is the owner in fee of that certain real property located at 2128 Mesa Drive in the City of Newport Beach, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit "2" ("Moriarty Property"). C. Brockman and Moriarty desire to enter into this Agreement to provide for (i) Brockman to convey to Moriarty an easement in favor of the Moriarty Property in that certain portion of the 2100 Mesa Drive Property more particularly described in Exhibit "3" attached hereto ("Birch Street Extension Easement") for vehicular and pedestrian access, as part of a 53S/020390-000) 1088418.14 a04/26/12 multi -use trail, including equestrian uses, and the operation and maintenance of an existing sewer line; (ii) Brockman to convey to Moriarty an easement in favor of the Moriarty Property in that certain easterly portion of the 2100 Mesa Drive Property and that certain northerly portion of the 2148 Mesa Drive Property more particularly described in Exhibit "4" attached hereto ("Jackass Alley Easement") for emergency vehicular and pedestrian access and the operation and maintenance of water and gas utilities existing on the date of this Agreement that benefit the Moriarty Property; and (iii) Moriarty to quitclaim to Brockman all right, title and interest in and to the property within the 2100 Mesa Drive Property and the 2148 Mesa Drive Property, including the Jackass Alley Easement, with the sole exception of the easements conveyed under this Agreement, all on the terms and conditions set forth herein. AGREEMENT Based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, Brockman and Moriarty hereby agree as follows: 1. Birch Street Extension. 1.1 Grant of Access Easement. Brockman hereby grants to Moriarty a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on, over, and across the surface of the Birch Street Extension Easement for vehicular and pedestrian ingress and egress between Mesa Drive and the Moriarty Property. 1.2 Grant of Sewer Easement. Brockman hereby grants to Moriarty a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on, over, under, across, and through the Birch Street Extension Easement for the purpose of owning, operating, reconstructing, maintaining, repairing, improving, and replacing an existing sewer line and related facilities in the location shown on the Plans prepared by JRV Engineering, Inc., dated December 9, 1999, and as approved by the Costa Mesa Sanitation Department on December 10, 1999, a copy of which is attached as Exhibit "D" to that certain Property Conveyance Agreement and Escrow Instructions among Brockman, Moriarty, and the City of Newport Beach dated 2012 ("Conveyance Agreement"), together with the rights of ingress and egress on, over, and across the Birch Street Extension Easement as reasonably necessary to enable Moriarty to own, operate, reconstruct, maintain, repair, improve, and replace said sewer line and related facilities. The Conveyance Agreement is on file with the City of Newport Beach. 1.3 Maintenance. Immediately following the recordation of this Agreement, Brockman will quitclaim to City fee title to the Birch Street Extension Easement, subject to the easements provided for herein, reservations for vehicular access and utilities to Brockman, and other easements of record. The City of Newport Beach and its successors shall be responsible for maintaining and repairing the Birch Street Extension Easement, and for maintaining any improvements the City as fee owner makes to the Birch Street Extension Easement, and for any pedestrian, equestrian, or multi -use trails within the Birch Street Extension Easement. 53S/020390-0001 1088418.14 a04126/12 -2- 2. Jackass Alley. 2.1 Grant of Secondary Access Easement. Brockman hereby grants to Moriarty a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on, over, and across the surface of the Jackass Alley Easement for secondary vehicular and pedestrian ingress and egress between Mesa Drive and the Moriarty Property. The use of the foregoing easement by Moriarty shall be for secondary access only, defined as access for only such times that access between the Moriarty Property and Mesa Drive over the Birch Street Extension is physically impassable to vehicles and pedestrians excluding any such impassability as is due to forces or conditions created, brought about, or exacerbated by the owners, agents, or invitees of the Moriarty Property, and only for such access as is necessary for residential use. Brockman, and all successors, reserves the right to prohibit any access over the Jackass Alley Easement at any time that access is physically available over the Birch Street Extension. 2.2 Grant of Utility Easement. Brockman hereby grants to Moriarty a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on, over, and across the Jackass Alley Easement, and only that area, for the purpose of maintaining, repairing, and operating the gas and water utilities existing within the Jackass Alley Easement Area for the benefit of the Moriarty Property as of the date of this Agreement, together with the right of access over and across the surface of the Jackass Alley Easement as reasonably necessary to enable Moriarty to maintain, repair, and operate said utilities, consistent with all other existing easements of record on the Jackass Alley Easement existing as of the date of this Agreement. 2.3 Maintenance. The fee owner(s) of the Jackass Alley Easement shall be responsible for the routine maintenance and repair of the portions of the Jackass Alley Easement owned by each such owner, which such maintenance and repair to be in that owner's reasonable discretion. 2.4 Quitclaim. With the sole exception of the easements and rights created under this Agreement, Moriarty, on behalf of himself and his successors and assigns, does hereby remise, release, and quitclaim to Brockman any and all right, title and interest held by Moriarty in and to the property within the boundaries of the 2100 Mesa Property and the 2148 Mesa Property, including the Jackass Alley Easement. 2.5 Moriarty Property Clearance and Easement. Moriarty, on behalf of himself and his successors and assigns, acknowledges and consents to be bound by that specific road and utility easement described as Parcel 2, in the Corporation Grant Deed, document no. 93- 0436812 of the Official Records, County of Orange, as traverses the Moriarty Property. Portions of this easement have been improved by Moriarty with landscaping and other improvements. Moriarty acknowledges the past and continuing permissive nature of such use, and covenants on behalf of himself and his successors and assigns that the failure of Brockman, or her successors or assigns, to contest such landscaping and other improvements, or otherwise attempt to clear the easement area of such landscaping and other improvements, or any subsequent uses or improvements thereon as may be placed by Moriarty or his successors or assigns, shall not give rise to any prescriptive rights, nor constitute any kind of waiver, now or in the future, of any 538/020390-0001 1088418.14 804/26/12 -3- rights or claims by the holders of the rights under such easement to full use and enjoyment thereof, and full enforcement of same. 3. Moriarty Improvements. No later than the date that is one hundred ten (110) days after the recordation of this Agreement, Moriarty shall complete or cause to be completed the improvements referenced in the Conveyance Agreement as the "Birch Street Improvements" in accordance with the approved plans and with all applicable laws and the requirements in the Conveyance Agreement. No changes shall be made to the plans without the prior written approval of Brockman. In the event the Birch Street Improvements are not completed by such date, in addition to any other remedy available to Brockman for such default, (i) Brockman shall have the right to terminate the easements granted to Moriarty herein, and/or (ii) require that Moriarty pay to Brockman upon demand the sum of One Hundred Fifty Dollars ($150.00) for each calendar day past the stipulated completion date, until such date that the improvements are completed. In connection with clause (ii) of the preceding sentence, payment shall be made on a weekly basis on Monday of each week. If Moriarty fails to timely make such payment, interest at the rate of ten percent (10%) per annum or the maximum legal rate then applicable, whichever is less, shall accrue on the amount owing by Moriarty to Brockman dating from the day payment was due. 4. Confirmation of Prior Easement Rights. Moriarty hereby acknowledges that the 2128 Mesa Drive Property is encumbered by that certain easement for road and utility purposes described as Parcel No. 2 of that certain deed recorded in Book 2273 at page 175 et seq. of the Official Records of Orange County. Moriarty acknowledges that during his ownership of the Moriarty Property Brockman has used the easement area for road purposes. Brockman and Moriarty mutually agree that the full extent of any encroachments or improvements that have been located on that portion of such easement area on the Moriarty Property have been consensual. 5. Miscellaneous. 5.1 Covenants Run With the Land. Each and all of the restrictions, covenants, and easements of this Agreement shall constitute equitable servitudes which shall apply to and be binding on Brockman and Moriarty and all persons having or hereafter acquiring any interest in any portion of the 2100 Mesa Property, the 2148 Mesa Property and/or the Moriarty Property and each and all of their respective successors and assigns. The covenants contained in this Agreement shall constitute mutual covenants running with the land in and to the 2100 Mesa Property, the 2148 Mesa Property and the Moriarty Property benefitting and burdening each such properties; shall be binding upon, and shall inure to the benefit of, the land in the 2100 Mesa Property, the 2148 Mesa Property and the Moriarty Property and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of, Brockman and Moriarty, all successors and assigns and any person having or acquiring any portion of the foregoing properties or any interest therein and their successive owners and assigns. 5.2 Conveyances. The easements conveyed hereunder are subject to all encumbrances, easements, covenants, and other matters of record or apparent by a physical inspection of said property. 538/020390-000i 1088418.14 a04/26/12 -4- 5.3 Entire Agreement, Waivers, and Amendments. This Agreement and the items incorporated herein and the agreements referenced herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. A waiver of the breach of the covenants, conditions or obligations of this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by a written instrument executed and acknowledged by Moriarty, or his successors or assigns, and Brockman, or her successors or assigns, and recorded in the Office of the Orange County Recorder. 5.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 5.5 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 5.6 Notices. Any notice to be given under this Agreement shall be given by personal delivery, by depositing the same in the United States Mail, certified or registered, postage prepaid, or by depositing the same with Federal Express or another reputable overnight delivery service, at the following address: Brockman: Carla Brockman 3857 Birch St., #607 Newport Beach CA 92660-2616 Moriarty: Richard Moriarty 2128 Mesa Drive Newport Beach, CA 92660-1709 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mails. Any notice given by overnight delivery service shall be effective twenty-four hours after deposit with such service. Any party may change its address for notice by giving written notice of such change to the other party. 5.7 Litigation Expenses. In any judicial proceeding or arbitration between Moriarty and Brockman seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to any damages or injunctive or other relief, all of its actual and reasonable costs and expenses, including expert witness fees, attorneys' fees, and costs of investigation and preparation prior to the commencement of the action. The right to recover such costs and expenses shall accrue upon 538/020390-0001 1088418.14 a04/26/12 -5- commencement of the action, regardless of whether the action is prosecuted to a final judgment or decision. 5.8 Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or same counterpart. IN WITNESS WHEREOF, Brockman and Moriarty have entered into this Agreement as of the date first written above. `BROCKMAN" C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 CARLA ZWART BROCKMAN, TRUSTEE "MORIARTY" RICHARD MORIARTY 538/020390-0001. 1088418.14 a0426/12 -6- State of California ) County of ) On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California ) County of ) (Seal) On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390-0001 1088418_14 a0426/12 -7- EXHIBIT "1-A" TO EASEMENT AGREEMENT AND QUITCLAIM DEED LEGAL DESCRIPTION OF 2100 MESA DRIVE PROPERTY 2100 Mesa Drive Property The real property located in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL.11 TI( PORTIONS OF MESA THEREOF REFORT)EU IN °MOEOFTHE COUNTY R B8HNNPO AT A POINT NORTHWESTERLY OF THE me CENTER. LINE OF (-TPA NORTH SO. IC W' WEST 1634.42 PEET A OF IiIESA DRIVE Eton THE FASTm.(tY CORE SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN UfFICIAL RECORDS. IN THE WEND OF THE COUNTY RECORD THENCE snl.rn1 76' aver WEST MB (I6 PEET: THENCE NORTH SO^ 11' SS" WkAV AUH(C: A UNE PARALLEL WTSH SAID MESA DRIVE 4WD FEET TO A POINT: SA1D FO4NT6E ON A CARVE CONCAVE N(IRTIWESIERLY' HAVING A RACOIIS OF 930.00 FEET. THE RADIAL UNE OP SAID CURVE FROM SAID POINT BEARS NORTH 3a^ 23' 05' WEST. THENCE NORTHEASTERLY ALONG SAID CORV E THROUGH A CENTRAL ANGLE OF 11 AS' IR",AN ABC DISTANCE (DP 12ZLS3 FEET TO A UNE TAN08NT, SAID UNE TAM TNT sumo ma PROI1NiOATI(IN OF THE CENTER LENS OF BIRCH %TREET„ AS MEASURED AT RIGHT ANGLES OF MESA URIVE FRU%I THU CENTER UNE offense/tom OF MESA DRIVE, .AND MICH STREET: THENCE NORTH 390 48' IS' EAST 130.21 PENT TO MID CENTER LINE INTERSECTION DP MESA DRIVE AND BU1C H STREET, THENCE SOUTH EP 1 I'4)• EAST ALONG THE CENTER UNE. OF MESA DRIVE 410.23 FEET TO THE POINT TIP Ia"tViiHNING, ISIVE OF TRACT NIL Mk AND ININO... AS SHOWN ON A MAP KI I ANEMIAS MAPS. IN THE GIBED AS FOLI.1)WB: PI DRIVE 219A2 I.71T D MESSA. PRIVE WTTN NO UHNCI ALS1) ENTER LINE IRVINE'S THAT PORTION OF 91RCN STREET AS VOW ON A MAP OF TRM aunt{ 27 PACE4S) 21, OFRCIAL RECORDS MISCELLANEOUS RAPE IN 7RE COUNTY RECORDS$ OF SAID COUNTY.. INCLUDED WITDIIN DESCRIBED LAHR WAS ABANDONED JULY M. I95I. A CFRTIFTEV RESOLUTION OF ABANDONMENT BEING RECORDED IDLY IT.. OISI D1 BIKMC 21 FAQEISD PIE OFFICIAL RECTIRBR. PARCELx AN EASEMENT FOR ROAD ANDUTTLITY PURPOSES30 FEET IN WIDTH OVER MICE PORTIONS OF LOTS IIM TO 121. INCLUSIVE OF TRACT NO. 7116. INCTIIDWO A PORTION OF BIRCH STREET IR THE CITY LIP NEWPORT BEACH.,. COUNTY Of ORANGE. STATE GP ('ALIF(RNIA. AS SHOWN 001 A 1,4AP THEREOF RECIIRUHD IN BOOS 21. PAOEISI 31. MISCELLANEOUS MAPS. ICFIORDS OF ORANGE (TMINTY. IYINO uu+THWFSCERtY OP AND ADDDfNINO me SOUTHWESTERLY LINE OF PAMELA. I NLRETN. 538/020390-0001 1088418.14 :04/26/12 EXHIBIT "1-B" TO EASEMENT AGREEMENT AND QUITCLAIM DEED LEGAL DESCRIPTION OF 2148 MESA DRIVE PROPERTY 2148 Mesa Drive Properly The real property located in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF LOT 152 IN BLOCK 51 OF IRVINES SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS RECORDS OF ORANGE COUNTY CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOTS 114, 115, 118 AND 119 OF TRACT 706, RECORDED IN BOOK 21 PAGE 25, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, ALL IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS STREET AND MESA DRIVE AS SHOWN ON A MAP OF SAID TRACT 706; THENCE NORTH 50 DEGREES 11' 45" WEST ALONG THE CENTERLINE OF SAID MESA DRIVE, 310.62 FEET; THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06 FEET TO THE TRUE POINT OF BEGINNING. SAID POINT OF BEGINNING ALSO BEING THE MOS: SOUTHERLY CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROLAND H. GAPP AND WIFE, RECORDED JANUARY 11, 1952 IN BOOK 2273 PAGE 175, OFFICIAL RECORDS. THENCE, CONTINUING SOUTH 36 DEGREES 13' 05" WEST 551.55 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO JAMES L. RUBEL AND WIFE, BY DEED RECORDED JULY 23, 1951 IN BOOK 2207 PAGE 198, OFFICIAL RECORDS; THENCE NORTH 76 DEGREES 11' 45" WEST ALONG SAID SOUTHERLY LINE, 175.00 FEET; THENCE NORTH 36 DEGREES 13' 05" EAST 628.41 FEET TO A LINE THAT BEARS NORTH 50 DEGREES 11' 45" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 50 DEGREES 11' 45" EAST 162.10 FEET TO SAID TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 30 FEET IN WIDTH. THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF MESA DRIVE, AS SHOWN BY SAID MAP OF TRACT 706 DISTANT THEREON NORTH 50 DEGREES 11' 45" WEST 310.62 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER OF CYPRESS STREET AS SHOWN ON SAID MAP AND RUNNING THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN MESA DRIVE. 538/020390-0001 1088418.14 a04/26/12 EXHIBIT "2" TO EASEMENT AGREEMENT AND QUITCLAIM DEED LEGAL DESCRIPTION OF MORIARTY PROPERTY The real property located in the City of Newport Beach, County of Orange, State of California, described as follows: M4s.L%TCanAR4 I4NN51TIJAUU3IN T4EWTAIROPCAI8WQNIA. COUNTY { ORA EEAGH. D.'SCAreBM FW2AYNHf PARCEL I: A PORTION OF MAP RECORDED SN COUNTY? RECORDER OF T3 115 INCLUSIVE AND OF SHOWN ON A'HAPOF TRACT IN THE OFFICE AM' THE DOt1N DESCRIBED AS FOLLOW: IY13iDN, AS PER APS IN THE OFFICE OF THE ITHPORTIONS Of LOTS 104 AND HAYVIEW DRIVE, AS I$CELLANEIUS MAPS„ T BEGINNING AT THEINTERSECT:ONDF THE CENTERLINES OFMESA DRIVE AND CYPREtiS RTR :RS SHOWN ON „4'.ATO MAP OF TRACT NU. 706;'THEAR".I NORTH 50" 11' 433 W PST 3RP.E2 FEET.0.LONU THE C.%NT'F.'RL W E OF SAID MESA. DRIVE, THENCE 904111R Rd" T2' 115' WEST 254SAI E HOST SOUTHERLY CORNEA OF THE LAND DESCRIBED -TN VARCELI. OF THE DEED 10 ROLA GARP AND WIPE, RECORDED IANUARY 1L. 19321N BOOK. 2273 RAGE 11S OF OFFICIAL &EY'0RD. THENCE NORTHMD II' 43" WEST 324..24 FEET ALONG THE $OUTh W ESTER 6X TINE E OF ROLAND H. O.APP TO THE TRUE. POINT OF BEGINNING; THENCE SOUTH 36' 13" 05" WEST 705.18 FEET TO A. POINT ON A NON-TANTIENT CURVE ON TH£ SOUTHERLY LLNE OP THE LAND»ESCRMED IN THE DEED TOIAMEY L. RIMEL AND WIPE. RECORD ET)4ULY 23, €A51 1N RTOK 2207 PAGE WE, OPPTCIAL RECEIRDB, CONCAVE NORTHEASTERLY HAYING A. RADIUS OP 900.00 FEET, A RADIAL LINE TDROTIGH SAID POINT REARS SOUTH I5' 21' SIT A'ESi; THENCE NORTHWESTERLY 32127 PEET ATONES SAID CURVE. THROUGH A CENTRAL ANGLE OF 24' 341 40': THENCE NORTH INT 03' TT - WENT S2.38 FEET TO A 101931ON A NON -TANGENT CURVE CONCAVE NORTH WESTFTELY HAVING A RADIOS OF 2030.3159 FEET, -TRE RADIAL LINE OF WHICH BEARS NORTH 43' NE IT WEST, SAID P01-NT ALSO EKING TIIR MOST WESTERLY (TURNER OF THE LAND OESCR/DID 13 SAID DEED TO RU31EL AND WIPE; THENCE NORTHEASTERLY 19.61 FEET MONO SAID CURVE AND THE WESI2RLY LINE OP TICE LAND DESCRIBED IN SAID DEED TO RUHSL AND WIFE, THROUGH A CENTRAL ANGLE OF 0' 32. 35'1 THENCE NORTH 4G"ZO' 3S' FASCS/4.34 FEET C1ON'TRNIBNG ALONG SAID W$STERLY LINE TOME REOINNINO DP A CURVE CONCAVE SOUTHEASTERLY HAYL'4U A RADIOS OF50B.0O FEET;THENCE TEXCHEASTERLY 813Srp PEET ALONG SAD CURSE TERMED A CENTRAL ANGLE OF Pec 1y 20'; THENCE NORTH 55" TS RI' EAST 41513 FEET TO TH E TTEOSNNMNG UP A CURVE CONCAVE NORTHWESTERLY HAYING A RADIUS OF 5000N FEET: THENCE NOR'4IUEASICRLY 25,99 FEET ALONG$AID CURVE THRCWGH A CENTRAL ADDLE OP 7' 5B' 43' TO THE MOST WESTERLY CORNER OP THE LAND DEDDEMED 11: THE HEREINABO9E MENTIONED DEER TO ROLAND E. OAP? AND WIFE; TIE E''NCESOUTH Sr 11' 45- FART 165139 FEET ALCINO THE SOUTHERLY HERLY LIME OP ROLAND R. GAPE TO THE TRUE POINT OF REGO:ENING. EXCEPT TEAT PORTION OFSCRIRECI IN THE DEED TO THE ORAAUE COUNTY FLOOD CONTROL DISTRICT, RECORDED FEBRUARY IS, EMI 1.^T WON 5423 PAGE 45, OFFICALRECORDS. ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OP' THE LORE DESCRIBED➢N PARCEL 1DE-135.01 IN THE FINAL ORDER OF CONDEMNATION RECORDED DE3,EMIIER IS, 19'6i IN ROOK 11957 PAGE:22, G$-FITHAL RECORDS.. PARCEL 2: AN EASE TENT PDR 1NC;RE5s AND EGR ESL IS 001143,ET WI 119 AND 120 OF TRACT NO, 7[W,. IN THE CITY OF NEWPG OP CALIFORNIA, AS PTA MHP R0:CDRDED IN BOOK 21 PA DERCKoF T14E COUNTY RECORDER OF SAID COVN7Y, FOLLOWING 0E4K'338E0 CE IIRIASN3, BEGINNING AT DIE NORTHPRLY CORNER OF THE LAND DESCRIDIED 1N A DEED TO DONALI1 C. ININC AN AND WIFE, RECORDEeD S[1PTRAIRPR 26, COI IN ROOK 3133 PAGS3ZR, OFFICIAL. RECORDS,: THENCE ROSITH 3H' 13' OS' WEST 30.05 FBER, MALE ETHE NORTHWESTERLY LINE OP 9ALO LAND; TULEacE NVRT413A' 11' 43' SV8RT 11.7E FRET ALONE: A LINE THAT i8 PARALLEL WITH AND 30 0*3 FEET :8O14714WESTPALY OP THE: NDR7HRASTBRLY LINE OR TILE LAND DLSLYE11f3331N.A D3"4BD Ttl LIURDY4n CARVER, JR., AND FRANCES H,CARVER, HLifiAANO AND WIPE., RECOR13EDMAYS, /961 TN BOOK 3715, PAGE 3 GP OFFICIAL RECORDS, TO THE TRITE PINT OF REGINNING4 THENCE DARTH 6's3° 4,T 35' 9/1187 334E2 PEET; THENCE NORTH SE' ET' TB' WEST. 3634 PEEPI DIENER RATED 74' 43' 48' WEST BRA 1 FF,1T To A POINT IN THE. NORTHWESTERLY LONE OF SAID LAND DEDCRIBED TCP L&BOY L. CARVER, YR., AND PRANCES €4. CARVER_ 1It15BAWD AND WIFE, SAID I*l4147 FIRING SOUTH 38' 15' B3" WEST 95.45 FEET 'FROM THE MOST NORTHERLY' CORNER G'FTHE: LAND DESCRIBED TO LER.7Y' L f AR4'ER, IR., AND FRANCES H, CARVER, 141ti'RAND AND WIFL., 538/020390-0001 1088418.14 804/26/12 EXHIBIT "3" TO EASEMENT AGREEMENT AND QUITCLAIM DEED LEGAL DESCRIPTION OF BIRCH STREET EXTENSION EASEMENT The real property located in the City of Newport Beach, County of Orange, State of California, described as follows: ational Trail TR47C 102 That eonfaon of Birch Street, in ihaCii+f:r€ Newport 8sach, County o ikrarnta, shown on a map tff Tract No. 06 recorded in hook 21, page 25 c !Naps in the office n€ tt e County Recorder of said county, and abandoned by that r rtasn Resolution of the Board of Supery ears of said county, recorded July 17, oft 2145. page 610 of O ftcial Records in the office of said County Recorder, Northwesterly by the center 11ne of a€d Southeasterly by the northwatstetfy line Northeasterly by the northwesterky prolonga; 12f; and Southwesterly by the southwesterly line and its n farad descnte as 'Parcel No, 1` in a deed to CarlaZwa t Revocable Tnat, recorded February t7, 1098 as aid t fflc'al Records. Containing 0.152 Acre, rnori R C_ Paelik, Isad Surveyor, L. eon Date: June aft 20 y proton; of the { IheC.Z. Na, 19980087243 538/020390-0001 1088418.14 a04/26/12 EXHIBIT "4" TO EASEMENT AGREEMENT AND QUITCLAIM DEED LEGAL DESCRIPTION AND DEPICTION OF JACKASS ALLEY EASEMENT PT11 Fd F+OR E EABE.MENT THOSE PORTIONS OF LOTS 118 AND 119 OF TRACT NO, 708, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 21, PAGE 25, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE. CENTERLLNES OF MESA DRIVE AND CYPRESS STREET AS SHOWN ON SAID MAP OF TRACT NO, 706; THENCE NORTH 49'22'19" WEST ALONG THE SAID CENTERLINE OF MESA OHNE, 310.62 FEET; THENCE SOUTH 37'02'31° WEST, 30,06 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID MESA DRIVE: 80 FEET WIDE THENCE ALONG SAID SOUTHWESTERLY LLNE, NORTH 49°2219' WEST, 8.06 Ftt1 TO THE. TRUE PO MI S BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG THE FOLLOWING COURSES: 1. SOUTH 36'.47'25" WEST, 49,15 FEET; 2, SOUTH 38'51727 WEST, 8.96 FEET; 3, SOUTH 25'00'23' WEST, 8.42 FEET; 4, SOUTH 38'33'23' WEST, 155.78 FEET, 5. SOUTH 49'22'19'WEST, 302.FEET; 8. SOUTH 3710'27 WEST, 14A3 FEET; 7, NORTH 50°33'23' WEST, 18.33 FEET TO THE BEGINNING GF A NON - TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 74'07'13' Y ALONG SAID CURVE, 30,94 FEET Tt4 25°19'14'; 9 32' WEST, 39,74 FEET; A CENTRAL 0,NORTTIf 48'17 58" WEST, 31,21 FEET TO 7HE BEG1NNtNO OF A TANGENT CURVE CAVE: SOUTHWESTERLY AND HAVING A RADIUS OF 70.0D FEET; 538/020390-0001 1088418.14 a04/26/12 ORTHWE°STERLY ALONG SA;D CURVE; 27M3 FEET ThFR43UGH A NTRAL ANGLE OF 22°3e'52'' -TANGENT, NORTH 60°03'30" WEST, 1343 FEEL" TO TI1E THEASTERLY LINE OF PARCEL 1 IN THE DOCUMENT RECORDED SEPTEMBER 22, 2003, AS INSTRUMENT NO. 2003001182343, OFFICIAL RECORDS OF SAIO COUNTY, 13.ALONG SAID SOUTHEASTERLY LINE, NORTF4 372'48 11#,41 FEET; 14 LEAVING SAID SOUTHEASTERLY LINE, SOUTH sr15'37" ,.21,95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 12500 FEET; 15.SOUTHEASTE.RLY ALONG SAID CURVE, CENTRAL ANGLE OF 8°31Y18'; SOUTH 48°45'21° EAST, 55112 FEET; THRO JGH A THENCE SOUTH 55°48'07 EAST. 18.$:14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 21.00 FEET; EASTERLY AND NORTHEASTERLY ALONG THROUGH A CENTRAL ANGLE OF 87°08'38^; RTH 37°0514° EAST, 203,83 FEET TO SAID SOUT A DRIVE; 20,ALONG SAID SOUTH TERLY LINE„ S TO THE POINT OFREGJNNING.; A 9Y THIS a4'Ei sMARE FEE supesviskin: 4 ATTACHED HERETO A MADE A PARTHEREOF ES$ Y LACE ST; 1 538/020390-0003 1088418.14u0426/12 -2- MESA DRIVE \j EXHIBIT 7° e SKETCH mACCOMPANY LEGAL DESCRIPTION -3- EXHIBIT "C" BROCKMAN AS -BUILT PLANS [Attached] 538/020390-0001 1088418.14 a04/26/12 EXHIBIT "D" MORIIARTY AS -BUILT PLANS [Attached] 538/020390-0001 1088418.14 a04/26/12 EXHIBIT "E" RECORDING REQUESTED BY AND: WHEN RECORDED MAIL TO: PUBLIC WORKS DEPARTMENT City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658-8915 RECORDING FEE EXEMPT, PER GOV'T. CODE § 27383 (Space above line for Recorder's use only) A.P.N. GRANT OF EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH (2100 and 2148 Mesa Drive) This GRANT OF EASEMENT is made and entered into as of 2012, by and between the C.Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman, as Trustee ("Grantor"), as the owner of the property located at 2100 and 2148 Mesa Drive, Newport Beach, California, and the CITY OF NEWPORT BEACH, a municipal corporation ("City"). Grantor does hereby grant to the City, its officers, employees, agents, contractors and invitees, without liability and without warranty, a non-exclusive easement for emergency ingress, egress, access, inspection, testing and incidental purposes (the "Public Safety Easement") on, over and across the area described on Exhibit "A" and depicted on Exhibit "B" attached hereto. This Public Safety Easement in favor of the City is not a gift or dedication of any portion of Grantor's property except as expressly set forth herein, and is strictly limited to the purposes expressed herein. Nothing in this easement deed is intended nor shall anything in this easement deed be construed to transfer to City or its successors or assigns or to relieve Grantor or its successors or assigns or predecessors in title of any responsibility or liability Grantor or its successors or assigns or predecessors in title now has, has had or comes to have with respect to human health or the environment, including but not limited to responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law). Furthermore, City may exercise its right under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from Grantor or any others who are ultimately determined by a court of competent jurisdiction and/or a federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous or toxic substances 538/020390-0001 1088418.14 a0426/ 12 or materials upon, within, or under the real property interests transferred pursuant to this Public Safety Easement. Notwithstanding the foregoing, City shall be and remain liable for any hazardous or toxic substances or materials which become located, because of City's operations, upon, within or under the real property interests transferred pursuant to this Public Safety Easement. 1N WITNESS WHEREOF, Grantor and City have entered into this Public Safety Easement as of the dates set forth below. 538/020390-0001 1088418.14 a04/26/12 2012 GRANTOR By: Carla Zwart Brockman, Trustee of the C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989 2012 CITY _2_ B y: Its: State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390.W01 1088418.14 a04/26/12 -3- ACCEPTANCE CERTIFICATE Pursuant to the provisions of Resolution 92-82, approved July 27, 1992, of the City of Newport Beach, State of California, I, David Kiff, City Manager of the City of Newport Beach, hereby request recordation of the within easement deed, and accept on behalf of the public the interest in real property conveyed by the within easement deed, dated , 2012, from Grantor. DAVID KIFF City Manager of the City of Newport Beach Dated: 2012 Approved as to form: Attest: City Attorney LEILANI I BROWN City Clerk State of California ) County of ) On before me (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538(020390-0001 108841814 a04/26/12 -4- EXHIBIT "A" LEGAL I ESCRIPTION OF PUBLIC SAFETY EASEMENT ION! FOR ACCEgs EASEMENT THOSE PORTIONS OF LOTS 11S AND 119 OF TRACT NO. 708, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 21, PAGE 25, NIISCEUANEOUB MAPS,: RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MESA DRIVE AND CYPRESS STREET AS SHOWN CN SAID MAP OF TRACT NO. 708: THENCE NORTH 49'2219' WEST ALONG THE SAID CENTERLINE. OF MESA DRIVE, 910.82 FEET;: THENCE SOUTH 37'02'31' WEST, 30.08 FEET TO A POW ON THE SOUTHWESTERLY LINE OF SAID MESA DRIVE 60 FEET WIDE; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 40'2219' WEST, 8.08 Ftt1. TO THE TRUE POINT OF BEGINNING THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG THE FOLLOWING COURSES: 538/020390-0001 1088418.14 a04/26/12 1, SOUTH 38!47125' WEST, 49.15 FEET; 2. SOUTH 38'5012Z WEST, 8.96 FEET; 3, SOUTH 25.00'23" WEST, 8.42 FEET; 4, SOUTH 36'33'23' WEST, 15676 FEET, 5. SOUTH 49'22'19' WEST, 3.92 FEET; 6. SOUTH 37'10'23' WEST, 14,43 FEET; 7, NORTH 50'33'23' WEST, 18,33 FEET TO TANGENT CURVE CONCAVE NORTHERLY 70.00 FEET, A RADIAL LINE TO SAID POIR WEST; BEGINNING OF A NON - HAVING A RADIUS OF EARS SOUTH 14°07'1r WESTERLY ALONG SAID CURVE, 30.94 FEET THROItGH -A C ANG#,E OF 2541914c: NORTH 50'33'32' WEST, 39,74 FEET; 48°1T5e WEST, 31,21 FEET TO T%€E BEGINNING OF A TANGENT CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 70.00 -1- 11,NORTHWESTERLY ALONG SAID CURVE, 27,03 FEET 1TiROUGH A CENTRAL ANGLE OF 22°38'52";:.. 12„NON-TANGENT, NORTH (Jowly WEST, 13A3 FT ET TO THE SOUTHEASTERLY LINE OF PARCEL 1 IN THE DOCUMENT RECORDED SEPTEMBER 2Z 2003, AS INSTRUMENT NO, 2 001162343, OFFICIAL RECORDS OF SAID COUNTY; 13.ALONG SAID SOUTHEASTERLY LINE, NORTH 37'02'48" ,4 14.LEAVING SAID SOUTHEASTERLY LONE, SOUTH 57415'37' EAST, 21.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 125.00 FEET; 15.SOUTHEASTERLY ALONG SAID CURVE 18.55 FEET THROUGH A CENTRAL ANGLE OF 8"3018"; SOUTH 4,1045'21" EAST, 61_72 F 17.THENCE SOUTH 55'48'07 EAST, 18,C4 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND MAV1NG A RADIUS OF 21,001-tt 1; 18.EASTERLY AND NORTH Y ALONG THROUGH.A CENTRAL ANGLE OF 87°0818"; 19,NORTH 3760514' EAST, 203.83 FEET TO SAID SO MESA DRIVE; 20.ALONG SAID SOUTH WESIERLY UN TO THE POINT OF BEGINNING.; CONTAIN'S 4 U F 2'19' EAST, 15.34 FEET AS SHOWN ON EXHIBIT "Be ATTACHED HERETO AND BY'7N1S REFERENCE WOEA PART HEREOF FEET, MORE OR LESS Prepared under my supervision: 538/020390-0001 1088418.14 a04/26/12 -2- EXHIBIT `B" DEPICTION OF PUBLIC SAFETY EASEMENT L4 LS li MESA DRIVE EXHIBFT'B' _10 A66. e'W 13At 012 5579 /itz 21.05 d: $n'35'81t 0,7: „i4 S a+A'QYE 1(II(' 4r4341)4t 3611E5' LIE 64:72'47( 15.643 6-2513:4' t-a1.84 R-74.661 02 04=53'52' 23.383' R=7.4.W cg=0838I(' i4l5.'°.' 10025L0' i o=353Wu4' L-313S R-z:.E0' 03 ep 538/020390-0001 1088418.14 604/26/12 T wpm, Ij I on333,4=%BMf rC11(4t1L .n. 46 texfl/-* ij 30.0E' -1- N4S"33 — T 31 63.164 (111661131 & 64)6 SkETCH TO ACCOM LEGAL DESCRIPTI' r• Ts EXHIBIT "F" CITY EASEMENT QUITCLAIM DEED WHEN RECORDED MAIL TO: Carla Brockman 3857 Birch St., #607 Newport Beach CA 92660-2616 (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX $ .....Computed on the consideration or value of property conveyed; OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. CITY EASEMENT QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF NEWPORT BEACH hereby quitclaims any and all right, title or interest in and to those portions of property described as Parcel 1 and Parcel 2 in the legal descriptions attached to that certain "Grant of Easement in Favor of the City of Newport Beach recorded on or about August 8, 2008 as document no. 2008000379469," created by or arising out of such instrument. This City Easement Quitclaim Deed is recorded to eliminate questions that have arisen regarding the authority of the grantors listed in the "Grant of Easement in Favor of the City of Newport Beach" to convey the easement purported to be granted thereunder as to Parcel 1 and Parcel 2 described therein, and substantially similar easement rights are to be conveyed to the City of Newport Beach by the fee owner of said Parcels 1 and 2, in Replacement Public Safety Easement form to be recorded concurrently herewith. DAVID KIFF City Manager of the City of Newport Beach Dated: 2012 Approved as to form: Attest: City Attorney LEILANI I. BROWN City Clerk 538/020390-0001 1088418.14 a04/26/12 State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390-0001 1088418.14 a04/26/12 -2- EXHIBIT "G" CITY/MORIARTY GRANT OF EASEMENT WHEN RECORDED MAIL TO: Richard Moriarty 2128 Mesa Drive Newport Beach CA 92660 (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX $ 0 ._..Computed on the consideration or value of property conveyed; OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. GRANT OF EASEMENT For a valuable consideration, receipt of which is acknowledged, the CITY OF NEWPORT BEACH, a California municipal corporation ("City"), hereby grants and conveys to RICHARD MORIARTY, an individual ("Moriarty"), the following: (i) a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property (as described below) on, over, and across the surface of that certain real property described in the legal description attached hereto as Exhibit "1" ("Easement Area"), for vehicular ingress and egress between Mesa Drive and the Moriarty Property; and (ii) a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on, over, under, across, and through the Easement Area for the purpose of owning, operating, reconstructing, maintaining, repairing, improving, and replacing an existing sewer line and related facilities, together with the rights of ingress and egress on, over, and across the Easement Area as reasonably necessary to enable Moriarty to own, operate, reconstruct, maintain, repair, improve, and replace said sewer line and related facilities. The easements granted herein are appurtenant easements and not easements in gross and are appurtenant to and granted for the benefit of that certain real property owned by Moriarty and located at 2128 Mesa Drive in the City of Newport Beach, County of Orange, State of California, more particularly described in the legal description attached hereto as Exhibit "2" ("Moriarty Property"). 538/020390-0001 1088418.14 n04/26/12 IN WITNESS WHEREOF, City has executed this Grant of Easement on this day of 2012. State of California County of "CITY" CITY OF NEWPORT BEACH, a California charter city By: Its: On , before me, _ (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 538/020390-0001 1088418.14 a04/26/I2 -2- EXHIBIT "1" TO GRANT OF EASEMENT LEGAL DESCRIPTION OF EASEMENT AREA The real property located in the City of Newport Beach, County of Orange, State of California, described as follows Project: Upper Newport Bay Regional Park Project. No.: PR47D Parcel No.: 304 Those portions Orange, Slate of California 25 of Miscellaneous Maps in the o abandoned by that certain Resole July 17, 1951 in book 2145, page Recorder, bounded as follows in the City of Newport Beach, County of et No. 706 recorded in book 21, page ty Recorder of said county, and of Supervisors at said county, recorded cords In the office of said County Northwesterly by the centerline of said Birch Street per said Tract; Southeasterly by a line that parallel and concentric with and 30,00 feet southeasterly from the centerline of said Birch Street; Northeasterly by the southwesterly line and Its northwesterly prolongation of the land described as "Parcel 1' In a deed to Carla Zwart Brockman. as trustee of We C,Z. Brockman Revocable Trust, dated June 7, 1989, said deed being recorded February 17, 1998 as Document Na. 19980087243 of said Official Records; and westerly by the northerly prolongation of that certain course shown as "t'-i" having a bearing and length of 5.13°10'40°W., 24.03 feet, in the generally southeasterly line of the land described as Parcel °F01-1115,01' to the Orange County Flood Control District as shown on page 3 of Record of Survey 03-1026 filed in book 146, pages 2 through 7 of Records of Survey in the office of said County Recorder. Containing 625 Square Feet, more or less, See EXHIBIT B attached and by reference made a part APPROVED Cato: 538/020390-0001 1088418.14 a04/26/12 EXHIBIT "2" TO GRANT OF EASEMENT LEGAL DESCRIPTION OF MORIARTY PROPERTY The real property located in the City of Newport Beach, County of Orange, State of California, described as follows: OF ORANCF., d.:1TY ORNNNTORT PARCEL. (: A PORTION OF LOT 152 IN B1.00X 31 OF IRVINE'S WJBDI V IMON. AS PER. MAP REC OEM) IN R)DA:I PAGE&.'" OR MISCELLANEOUS RECORD MAPS, 1 COUNTY -RECORDER OR ORANGE COUNTY, CALIFORNIA, TOGETHER WITH PC 70 115 INCLUSIVE AND OF LOTS 120 AND 123 AND OF RERCH STREET AND BA SHOWN ON A MAPOFRR.ACT N0, 5(X, RECORDED IN BOOK 21 PAYEE 21 OF LIISCELLANEOUS IN Tao OFFLLE OF THE COUNTY RECORDER. OF SAID COUNT.. DESCRIBED AS FOLLOW-. BEGINNING ATTHE IMTEPSECTIOATOFTHE CENTERLINES OF MESA DRIVE AND 2YP12@.4S,gTRRET 45 SHOWN ON SAID MAP OF T ACI NO, PAS; T C?4CE NORTH SR° T1' AS' WEST 3I0.62 FEE' ALONG THE CENTERLINE OP SAID MESA DRIVE; THENCE SOUTH 345 /2' C35" WEST :50.CO FEET TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN PARCELS OF THE DEED TO ROLAND ®. CAPE AND WIFE, RECORDED JANUARY I t, 1952 IN DOOR WE PAGE 173 OF OFFICIAL, RECORDS,. (THENCE NORTiHSO' I i' 45' WEST 324,24 FEET ALONG THE SOUTHWESTERLY LINE OF 1+R1A!4D H. 434PP TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 36' 13' CO' WEST TORTE FEET TO A POINT ON A \0N.TAMGENT CURVE ON TH E SOUTH EELS LINE COP THE LAND DEN040WW IN THE HEED T03444ES S. RUBEL AND WIFE, RECORDEDDILI 23, 49551 IN 500.22U7 PANE 1*JR, OFFICIAL RECORDS, CONCAVE MIRTH EASTERLY HAVING A RAMS OF 306,00 FEET, A RADIAA. 5EDEE THROUGH SAID POINTBEARS SOUTH i5" 21' 33' W Err; THENCE NORTHWESTERLY 322., t7 FEET ALONG SAID CURVE THR0II214 A CENTRAL ANGLE OF 24' AI' 9165E THENCE NORTH 5E` !fl 77 WEST S21J5 FEET TO A POINT ON A NON -TANDEM}' CURVE CONCAVE MORPH WESTERLY HATING A RADIUS OF 26EU.OL+ FEET" THE RADIAL LW E OF WHICH REARS NORTH 43' 27' I7' WEST, SAID POINT AL"SD BE8I4O THE MOST WESTERLY CORNER OP THE LAND DESCRIBED 1N SAID DEED TO REVEL AND WIFE: THENCE E4ORTHUASTERLY 19-Si FEET ALONG SAID C,I2RYE AN'D 7N,H WESTERLY LINE OR THE LAND DESCRIBED IN SAID DEED TO RUBES, AND WIFE, THROUGH A CENTRAL ANGLE OF D° 23' 25': THENCB NORTH 49' 201IS" EAST 244.14 FEETCIE 4T1N HIND AI08+0T SAID "WESTERLY LINE T.7115E REDD/NINO OF A CURVE CONCAVE SOUEBEASTERLY HAVING A RADIUS OF SEDAN FEET THENCE NORTHEASTERLY 53.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Po- 0'20"3 THENCE NORTH 26 T$'OS" EAST 408.1S F@$T TO THE EEG(N5IND OP A CURVE CONCAVE NORTHWESTERLY HAYING A RADIUS OF 34341E FEET; 1HENCE NORTHEAST ERLY25.49 FEET ALONG SAID CURVE' THROUGH A CENTRAL- ANGLE OF 2' SE' 43' TO THE MOST WESTERLY CORNER OF THE LAND LASSICRIBED IS THE HEREH1A,8OVE MENTIONED DEED TO ROLAND H. C APP ANI3 WIFE THENCE SOUTH IR° I'1' 41' EAST 165.99 FEET ALONDTHE SOW BERET LIME OF RO5AN1.3 If. CAPP TO THE TRUE POINT OH BEGINNING. EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE ORANGE °Fowwl FLOOD CONTROL DISTRICT, 22002DED F2RR0ARY I5. 1961 IN HOOK 5529 P80345, OFPICIALRECORD3, ALSO exam'Tf1ER1FN0M 74447 PORTION LYING NORTHWESTERLY OF THE LINE DESCRIBED IN PARCEL 2bt,165.01 IN THE FINAL ORDER OF CORNE iNATION (RECORDED DECEMMBE11 IS, 19Tb IN BOOK 11907 PANE 22, OFFICIAL RECORDS, PARCEL 2 :?N reA5 EMlea FOR IWGRES5 AHD Etik FSS, 16468 2r WIDE aYT1R Tf lie AND Y30 OF (RACE NO. 305, IN THE CITY 6F 3041MORT BP.Yt OF C.h1.MDR .NIA, AS me. MAe° REc04DED IN 95301( 31 2401325 0 01MIC1; 4A THE COLINTI Y RECYRDP.H. OF SAID C04JNTY, 151840 509 FP.PT ON G. 8DL.5022N0 DESCRIBED 0[.VTERLane, EPOIN HIND AT THE NORTHERLY CORNER DF'THE 'LAND DE2CRITIED IN A DEED III DONALD C. DUNCAN AND WIFE, RECORDED SEPTELMBER2fi. I955114 nom 3223 PAGE 74 OFFICIAL RECORDS: HeLNEE 5Ui11.I :SN- ICI' We 'WEST SION+1 T,A10140 THE$0RTIlWFA 0RLY LINE OF 3310YAWD: T'$IER5E NORTH 50' ! i' 45' 5459" 7525 AEEI 4E4840 A LINE SPAT' 10 Par431.1.24 WEIR AMU 30110 MEET S6I,115d."5•S"TMLY (SA Tf.A N0RTHTINetutLT LANE OF 311EL.KND L115£1+F3LR Or DEW T4 LERGY 8,,, CARVER, IR., AND FRANCS-5 H. CAR V F,R,11E!31i.4ND :53+D WIFE. RECORDED MAY'9 Wel iN IYCXJK 5314, PASTE 1 OF OFFISTAt: RECORDS TO THE TRI3E POINT OF BEGINNING: TE5NCB NORTH (kW 27' 56' WE81' 113.5(1 PE ITT: THENC0 2O.RTit F,G' •4' SA' 'WEST, 34.23 PP.ET: T 818140E T",AT£H 74". 11" Si' 1V111 33 11 MET TO .A POINT iN THE NORTHWESTERLY LOSE OF 35115 LAND DESCRIBED TO LEEDY L, CARVER. 13,, AND FRANCE2.F H, CARVER. E413S2ATi1) AND WLFF„ SAID POINT REING SOUTH 3R° 12' 65" WEST ISO WELT FROM THE t405T NORTHERLY CORNER OF THE 'LAND DESCR1BED'T0 LF.ROY E._ C:2RV'1Dt., ERA AN1S FPAN023 H. 3AR70R, 1*031341R),l7Jl.1 WIFEE, 538/020390-0001 1088418.14 50426/12 EXHIBIT "H" BIRCH STREET IMPROVEMENT PLAN [Attached] 538/020390-0001 1088418.14 a04/26/12