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:
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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:
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(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
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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•"
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(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:
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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.
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(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
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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:
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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:
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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:
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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
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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
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-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
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[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
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-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