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HomeMy WebLinkAboutC-3897(J) - Compromise Title Settlement and Land Exchange Agreement regarding Certain Lands in the Vicinity of Lower Newport Bay (Marina Park Agreed Boundary Line)Recorded at the Request of STATE OF CALIFORNIA STATE LANDS COMMISSION WHEN RECORDED mail to: State Lands Commission 100 Howe Avenue, 100-S Sacramento, CA 95825 Attention: Kathryn Colson, Staff Counsel STATE OF CALIFORNIA OFFICIAL BUSINESS: Document Entitled to free recordation Pursuant to Government Code Section 27383 Rt.corded In aIcbl Records, Ore ps Comfy TomDely, ClrkRscordv ma.'" p ❑❑❑❑❑❑❑ , , NO FE 20120306670361055an 10/3142 117 41S Al2 A04 72 0.09 0.00 0.00 0.00 213.00 0.00 0.00 0.00 O 09-02.10; Al) 596; PRC 8946.9 APN: 047-190-06; 047-222-02; 047-222-03; 047-222-08 NO TAX DUE Above space for Recorder's use only COMPROMISE TITLE SETTLEMENT AND LAND EXCHANGE AGREEMENT REGARDING CERTAIN LANDS IN THE VICINITY OF LOWER NEWPORT BAY CITY OF NEWPORT BEACH, CALIFORNIA The parties to this Agreement are the State of California, acting by and through the California State Lands Commission, hereinafter "STATE," the City of Newport Beach, as trustee pursuant to, Inter alia, Chapter 74 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, hereinafter referred to as "TRUSTEE," and the City of Newport Beach, a municipality, hereinafter "CITY," the above collectively referred to as "Parties," The City of Newport Beach, when being generally described or when acting in its dual role as Trustee and City is hereinafter referred to as "City of Newport Beach" or "City." RECITALS 1. Upon its admission to the United States of America on September 9, 1850, the State of California, by virtue of its sovereignty under the Equal Footing Doctrine of the Constitution of the United States, received in trust for the people of California all right, title, and interest in previously ungranted tidelands and submerged lands within its boundaries for public trust purposes including but not limited to commerce, navigation and fisheries. Newport Beach TS&E Final Agreement 2. Pursuant to the provision of Division 6 of the Public Resources Code, including Sections 6216 and 6301, the STATE is vested with all jurisdiction and authority as to the right, title, and interest in all ungranted tidelands and submerged lands held by California in trust for the benefit of all the people of the State of California and the reversionary interest of the State as to public trust lands legislatively granted to local governments. 3. TRUSTEE is trustee of the tide add submerged lands granted to it by the California Legislature, pursuant to, inter alia, Chapter 78 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, hereinafter referred to as "statutory trust grant," which granted to the City of Newport Beach the State's right, title and interest in and to portions of the State's tidelands and submerged lands, of the City of Newport Beach, in trust for the public, and subject to certain terms, conditions, exceptions and reservations. 4. This Agreement concerns an approximately 10.3 acre parcel of real property located the City of Newport Beach, County of Orange, State of California, in Tower Newport Bay between 15th and 18th street and is commonly referred to as Marina Park and referred to throughout this Agreement, for convenience, as the "Subject Property" described in Exhibit A and shown for reference purposes only on Exhibit B. 5. This Agreement involves two parcels of land within the Subject Property. The Trust Termination Parcel is the area landward of the Agreed Boundary Line within the Subject Property which is described in Exhibit D and depicted for reference on Exhibit F. The Public Trust Parcel is the area waterward of the Agreed Boundary Line within the Subject Property which is described in Exhibit E and depicted for reference on Exhibit F. 6. Lower Newport Bay was formed by natural accretion of sand material carried by the Santa Ana River during flood stages. The location of the entrance channel to Lower Newport Bay was dredged in 1919. The Santa Ana River continued to discharge into Lower Newport Bay until 1921 when the County of Orange completed the construction of a new river outlet to the Pacific Ocean in the vicinity of 57th Street in the City of Newport Beach. 7, In 1875, the U.S. Coast and Geodetic Survey surveyed the topography in the vicinity of the Newport Bay (Register No. 1875). In 1889, S.H. Finley conducted a survey for the Government Land Office of swamp and overflowed lands adjacent to Newport Bay in fractional township N6S, range NI OW SBM which was officially approved by the U.S. Government June 30, 1890. 8. On May 16, 1892, a portion of the Subject Property was sold by the State patented as Swamp and Overflowed Location 3089 (Lot 4, Section 33, T6S, RIOW) with no minerals Newport Beach TS&E Final Agreement 2 reserved to James McFadden. A portion of the Subject Property was also part of the 1034 acres of California Swamp Land List No. 106 that was patented to the State on August 16, 1902. 9. In 1902, McFadden sold his land to the founders of the Newport Company, The Newport Company conveyed a right of way to Pacific Electric Railway for the operation of its Balboa Peninsula route, which continued until in 1940 when the Newport Pier became the terminus for Pacific Electric Railway's southernmost route. 10. The U.S. Army Corps of Engineers surveyed Newport Bay in 1912 for harbor and navigation purposes. 11. On July 27, 1916, an Act of the U.S. Congress secured the establishment of the harbor lines in Lower Newport Bay. The harbor lines were subsequently revised on May 2, 1936 following the completion of improvements to Lower Newport Bay by the U.S. Govenunent 12. In 1918 and 1919, the south side of Newport Bay between 8th Street and 19th Street was dredged. 13. In July 1919, the California Legislature granted the tide and submerged lands within the City of Newport Beach to the City pursuant to the Statutes of 1919, Chapter 494. This grant was subsequently repealed by the Statutes of 1978, Chapter 74, as amended. 14. In August 1919, the Pacific Electric Land Company conveyed portions of the Subject Property to the City. 15. The City brought several quiet title actions in the Orange County Superior Court against upland parcels of land in Lower Newport Bay in the 1920s. The cases were decided after the dredging and filling of Newport Bay was completed and set the boundary line between the uplands and tidelands at the bulkhead line. The STATE was not a party to these quiet title actions. However, pursuant to the Statutes of 1929, Chapter 142, the California Legislature confirmed the court decrees establishing the ordinary high tide line for the various upland properties against which the City brought actions, 16. The Subject Property was not the subject of any of the quiet title actions described above. The area between 18th and 19th Streets adjacent to the Subject Property was subject to a boundary line agreement and quiet title action in 1941 and 1942 respectively. The 1942 quiet title action (SCC # 40434, filed April 17, 1942, Orange County Recorder's Office Book 1145, Page 172) set the ordinary high tide line which is the boundary between tidelands and uplands for the property between 18th and 19th Streets. Newport Beach TS&E Final Agreement 3 17. The STATE has consistently maintained that a large portion of the Subject Property includes artificially filled sovereign tide and submerged lands that have been legislatively granted, in trust, to the City to manage on behalf of the State. 18. The CITY has consistently maintained that the bulkhead line is the boundary between State sovereign tide and submerged lands and uplands, which uplands have been acquired by the City from Pacific Electric Land Company and the Pacific Electric Railway Company. 19. The CITY desires to develop and improve the Subject Area as the proposed Marina Park development. For the past few decades mobile homes have been located on the Subject Property. As part of the Marina Park development, the CITY plans to build an expanded marina, sailing center, community center, parking, Girl Scout house and provide open recreational space and public access to through the park and to the beach adjacent to the Lower Newport Bay. 20. The Parties, hereto, consider it expedient and necessary and in the best interests of the STATE, the CITY, the TRUSTEE and the public to enter into this compromise title settlement and land exchange. 21. As part of this compromise dtle settlement and exchange agreement, the Parties deem it expedient and necessary and in their respective best interests to permanently fix and establish the location of the boundary between State sovereign lands and uplands by this Agreement as the Agreed Boundary Line as described in Exhibit C and depicted for reference on Exhibit F. This Agreed Boundary Line will represent the common boundary between sovereign lands of the state and City owned uplands within the Subject Property. 22. The STATE is authorized under Division 6 of the Public Resources Code, and specifically pursuant to Section 6307 thereof, to exchange interests in real property held by the STATE by reason of its sovereignty for interests in other lands of equal or greater value. 23. This Agreement provides for the TRUSTEE to quitclaim the Trust Termination Parcel to the STATE, substantially in the form of Exhibit G; and the STATE to terminate its public trust interests in the Trust Termination Parcel, and quitclaim all its interest in the Trust Termination Parcel to the CITY substantially in the form of Exhibit I. 24. This Agreement will terminate all public trust interest in the Trust Termination Parcel and will impress the Public Trust on the Public Trust Parcel. The STATE will hold the Public Trust Parcel subject to the Public Trust, in its sovereign capacity in trust for the people of the state as real property of the legal character of tide and submerged lands, and subsequently lease the Public Trust Parcel to the TRUSTEE for purposes consistent with the City's statutory trust grant Newport Beach TS&E Final Agreement 4 25. In the interest of settlement, the STATE and the CITY have conducted independent studies and evaluations of the title and boundary evidence, appraised value, case law, and other relevant information concerning the Subject Property. Based on such efforts, the monetary value of the Public Trust Parcel to be conveyed to the STATE by the City is equal or greater in value than the sovereign interest in the Trust Termination Parcel to be quitclaimed by the STATE to the CITY. 26. The Public Trust Parcel is beneficial to the public trust as it will enhance public access to the water through the creation of an aquatic beach front public park, open space, an expanded marina and boating facilities, in addition to providing opportunities for enhanced water -related recreation. 27. The Trust Termination Parcel has been filled and reclaimed and is above the current mean high tide and is a minimum distance of 65 feet more or less from the present location of the shoreline. 28. The Trust Termination Parcel is not necessary for public trust purposes of navigation, commerce and fisheries and the Public Trust Parcel to be acquired, because of its location and the proposed development, which includes open space, an expanded marina and sailing facility, aquatic beachfront public park, public access paths, and public parking, can be used more effectively by TRUSTEE in furtherance of public trust purposes than the Trust Termination Parcel to be conveyed. 29. Pursuant to Public Resources Code section 21080.11 and the California Code of Regulations section 15282(0 this Agreement and the lease that is integral to this Agreement are exempt from the requirements of the California Environmental Quality Act as this is a settlement of the boundary and title problems. Pursuant to Government Code Section 66412(e), provisions of the Subdivision Map Act do not apply to agreements to which the California State Lands Commission is a party. 30. The CITY certified its EIR (#2008051096) for the proposed Marina Park development on May 11, 2010. 31. The City by approval of agenda item #26, at its meeting of September 13, 2011, approved this Agreement. 32. The STATE, by approval of agenda item #C73, at its meeting of September 1, 2011, approved this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the terms set forth below and for valuable consideration, the receipt of which is hereby acknowledged, the Parties mutually agree to the following terms and conditions and to convey certain property rights as follows: Newport Beach TS&E Final Agreement 5 I. PROPERTY INTEREST EXCHANGE AND CONVEYANCES A. Establishing an Agreed Boundary Line This Agreement is intended to clear title to the Subject Property and by necessity requires the creation of parcels having a common boundary line. The STATE and the CITY hereby agree to permanently fix and establish the location of a common boundary between sovereign fee lands of the State and City owned uplands as the Agreed Boundary Line as described in Exhibit C and shown for reference on Exhibit F. This boundary line does not represent a determination of the location of the Ordinary High Water Mark or the Ordinary Low Water Mark as provided for in Public Resources Code Section 6357. B. TRUSTEE to convey TRUST TERMINATION PARCEL to STATE. In consideration of STATE'S cooperation and assistance in facilitating the exchange of properties of TRUSTEE with CITY and STATE and the lease to TRUSTEE of the properties acquired by STATE from CITY, TRUSTEE agrees to remise, release, and forever quitclaim all its right, title and interest, existing by virtue of the Granting Statutes, in the Trust Termination Parcel (in substantially the form of the deed attached as Exhibit G) to STATE. C. CITY to convey PUBLIC TRUST PARCELS to STATE. In consideration of the agreement by STATE to convey Trust Termination Parcel to CITY, as provided in paragraph 1. D. below, CITY agrees to convey all its right, title and interest in the Public Trust Parcel (in substantially the form of the deed attached as Exhibit H) to STATE. D. STATE to convey TRUST TERMINATION PARCEL to CITY. In consideration of the agreement by CITY to convey to STATE all its right, title and interests in the Public Trust Parcel, as provided for in paragraph 1. C. above, STATE agrees to convey to CITY all its right, title and interest to the Trust Termination Parcel, free of the public trust (in substantially the form of the deed attached as Exhibit I). E. STATE to grant to TRUSTEE a Lease for PUBLIC TRUST PARCELS. In consideration of the agreement by TRUSTEE to convey to STATE all its right, title and interests in the Trust Termination Parcel, as provided for in paragraph 1. B. above, STATE agrees to grant to TRUS FFL a 49-year lease with the STATE for the Public Trust Parcel acquired from CITY in a lease consistent with the form shown in Exhibit J, hereto. F. STATE'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs I.B. STATE agrees to accept the property interests conveyed by TRUS 1 EL as provided for in paragraph I.B. above. Said acceptance shall be made by the execution and recordation of Certificate of Acceptance in substantially the form of those attached as Exhibit K, hereto. Newport Beach TS&E Final Agreement 6 G. STATE'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs LC. STATE agrees to accept the property interests conveyed by CITY as provided for in paragraph I.C. above. Said acceptance shall be made by the execution and recordation of Certificate of Acceptance in substantially the form of those attached as Exhibit L, hereto. H. CITY'S Agreement to Accept the Property Interests to be Conveyed as provided in Paragraphs 1.D. CITY agrees to accept the property interests conveyed by STATE as provided for in paragraph 1.D. above. Said acceptance shall be made by the execution and recordation of Certificate of Acceptance in substantially the form of those attached as Exhibit M, hereto. I. STATE and City to cooperate. STATE, TRUSTEE and CITY shall expeditiously pursue obtaining the legislation necessary for STATE to transfer to TRUSTEE fee title, in trust and under substantially the same terms as the statutory trust grant, to the Public Trust Parcel in substantially the form of ExhibitN. STATE LANDS COMMISSION FINDINGS. STATE by its approval and authorization of agenda item C73 at its meeting of September 1, 2011,.and authorization of the execution of this Agreement, pursuant to Public Resources Code section 6307 finds and declares the following, which findings and declarations R.A. through II.H. below, shall become effective only upon recordation as provided herein: A. The Public Trust Parcel provides significant benefits to the public trust by enhancing public access to the water through the creation of an aquatic beachfront public park, open space, an expanded marina and boating facilities and public parking. B. The exchange provided for in this Agreement does not substantially interfere with public rights of navigation and fishing, but rather will enhance the public's rights of access and navigation in the Public Trust Parcel. C. The monetary value of the Public Trust Parcel to be conveyed to the STATE by the CITY is equal to or greater than the value of the Trust Termination Parcel to be quitclaimed by the STATE to the CITY. D. The Trust Termination Parcel being relinquished by the STATE, is a relatively small parcel, cut off from water access and no longer is in fact tidelands or submerged lands or navigable waterways, by virtue of being filled or reclaimed, and is relatively useless for public trust purposes. E. This Agreement is in the best interests of the state by removing a contested use of sovereign land at no expense to the STATE; enhancing public access to and along the water and creating an expanded marina and boating facilities, an aquatic beachfmnt public park, open space and other public trust consistent development. Newport Beach TS&E Final Agreement 7 F. This Agreement shall release any and all public trust claims from the Trust Termination Parcel that is being released by the STATE to the CITY and shall impose the public trust onto the Public Trust Parcel that is being received by the STATE from the CITY. G. The exchange provided for in this Agreement is to enhance public access to and along the water, to enhance waterfront and nearshore development for trust purposes; to preserve, enhance, or create open space; and, to resolve boundary or title disputes. H. It is the intent pf this Agreement, that to the extent that there are mineral rights present in either parcel, those rights shall be transferred with the corresponding surface estate, III. ADDITIONAL PROVISIONS A. Acceptance of Conveyances and Consent to Recording. By execution of this Agreement, STATE, TRUSTEE and CITY agree to accept the herein described conveyances of land and hereby consent to the recording of the conveyances and other documents executed pursuant to this Agreement. B. Further Assurances. So long as authorized by applicable laws to do so, the Parties hereto will perform such other acts, and execute, acknowledge and deliver all further documents, conveyances and other instruments that may be necessary to effectuate fully the provisions of this Agreement. C. Execution before a Notary Public. All signatures of the Parties to this Agreement and all documents executed pursuant to this Agreement, other than the Governor's signature that shall be attested to by the Secretary of State, shall be acknowledged before a Notary Public. A certificate of acceptance shall be attached to the executed quitclaims to allow them to be recorded in the Office of the Recorder of Orange County, California. D. Counterparts. This Agreement may be executed in any number of counterparts and each executed counterpart shall have the same force and effect as an original and as if all of the Parties to the aggregate counterparts had signed the same instrument. E. CITY to Indemnify and Hold STATE and TRUSTEE Harmless. The CITY shall indemnify, defend and hold harmless the STATE, its officers, agencies, commissions, and employees and TRUSTEE from and against any and all claims, liability, losses, costs and expenses, including, without limitation, third party claims and claims by any governmental agency (other than the STATE) relating to the past, present or future presence of known or unknown hazardous Newport Beach TS&E Final Agreement materials located, or which may come to be located at, on, over, under, or flowing through the Public Trust Parcel, that may arise from this Agreement or the lands involved in this exchange. F. No Admission or Effect if Agreement Not Made Effective. In the event this Agreement does not become effective for any reason, nothing herein shall constitute, or be construed as, an admission by any Party or evidence concerning the boundaries, physical character, or character of title to or interest in the Subject Property. G. No Effect on Other Lands. The provisions of this Agreement do not constitute, nor are they to be construed as, an admission by any party or evidence concerning the boundaries, physical character, or character of title to or interest in any lands outside the Subject Property. H. Impacts of Sea Level Rise. The fee title boundaries established and conveyances made pursuant to this Agreement are intended to be fixed and not subject to change by erosion, accretion, reliction or submergence whether due to natural or artificial causes. However, should lands freed of the Public Trust become inundated from waters of or adjacent to Newport Bay, the Pacific Ocean or any other waters, whether due to either erosion or sea level rise that results in the land being submerged or subject to the ebb and flow of the tide below the elevation of mean high water, the lands for so long as such conditions exist will be subject to the Public Trust easement. Nothing in this section is intended to limit (a) rights a Party may have under applicable law to take actions to preserve the boundaries established by this Agreement, including without limitation the rights of any Party to undertake measures to protect their respective properties, including lands freed from the Public Trust at the locations established pursuant to this Agreement,or to file an action within the applicable limitations period to preserve the title interests of such lands established by this Agreement, or (b) rights the public has under applicable law to navigate, fish or otherwise use navigable waters on inundated lands, including but not limited to any rights arising under Bohn v. Albertson (1951) 107 Cal.App.2d 738 and People ex rel Baker v. Mack (1971) 19 Ca1.App.3d 1040. Nothing in this Agreement obligates the STATE or the TRUSTEE to protect or cause to be protected any privately held uplands, including, but not limited to, constructing or causing to be constructed any protective structures that benefit any privately held uplands. Further, neither the TRUSTEE nor the STATE shall in any manner be liable to the owners of upland properties within the Subject Area for failure to provide protection against sea level rise. Newport Beach TS&E Final Agreement 9 Exemptions. This Agreement and the conveyances provided herein are exempt from 1) the Subdivision Map Act pursuant to Government Code Section 66412(e), 2) the California Environmental Quality Act pursuant to Public Resources Code Section 21080.11, 3) the California Coastal Act pursuant to Public Resources Code Section 30416(c), and 4) the Property Acquisition Law pursuant to Government Code Section 15853(c). Binding Agreement. All the terms, provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties. K. Modification. No modification, amendment, or alteration of this Agreement shall be valid unless in writing and signed by all of the Parties to this Agreement No Effect on Other Government Jurisdiction. This Agreement does not exempt the Parties from the regulatory, environmental, land use or other jurisdiction of any federal, state, local, or other government. entity. Headings. The title headings of the sections of this Agreement are inserted for convenience only and shall not be considered in construing this Agreement. N. Effective Date. This Agreement becomes effective only after recordation in the Office of the Recorder, County of Orange and the effective date shall be the date of the Governor's Signature. O. Allocation of Coats and Expenses. Alt expenses, fees, costs and expenses of any attorney, engineer or other person employed or retained by a party hereto in connection with the transaction underlying this Agreement shall be borne by that party, or as otherwise agreed to. The expenses and fees of escrow incurred by Escrow Agent, including those associated with recordation of this document and other documents necessary to effectuate this Agreement, shall be borne by the City. P. Title Insurance. The parties shall independently elect whether to obtain a policy of title insurance and shall each individually pay or cause to be paid the premiums and costs of any such title insurance policy for their respective interests. IV. Escrow A. The parties designate and authorize Lawyers Title Insurance Company to act as the Escrow Agent for all purposes of this Agreement. Newport Beach TS&E Final Agreement 10 B. As part of the escrow, the Parties shall submit additional, mutually agreeable escrow instructions as may be necessary so that the obligations of the Parties for the Close of Escrow under this Agreement conform. C. Deposits by the Parties: I. The STATE shall deposit the following documents into escrow: a. A certified copy of a Minute Item of a California State Lands Commission public hearing showing the Commission's approval of this Agreement and the Commission's authorization that the Agreement, Deeds, Lease and Certificates of Acceptance be executed on the State's behalf; b. This Agreement, duly and properly executed by the STATE; c. A quitclaim deed for the Trust Termination Parcel duly and properly executed by the STATE conveying the Trust Termination Parcel to the CITY; d. Certificates of Acceptance for the lands described in Exhibits D and E duly and properly executed by the -STATE; e. Written approval of the condition of title for the Public Trust Parcel; f. Duly and properly executed Lease, in the form substantially similar to Exhibit J. 2. The CITY shall deposit the following documents into Escrow: a. A certified copy of an official action of the City authorizing the execution of this Agreement, relinquishing of Trustee interest in the Trust Termination Parcel, relinquishing of interest in the Public Trust Parcel and acceptance of Lease form the STATE for the Public Trust Parcel; b. Duly and properly executed Lease, in the form substantially similar to Exhibit J; c. Duly and properly executed quitclaim deed in the form of that set forth in Exhibit G attached hereto conveying the Trust Termination Parcel to the STATE; d. Duly and properly executed quitclaim deed in the form of that set forth in Exhibit H attached hereto conveying the Public Trust Parcel to the State; e. This Agreement, duly and properly executed by the CITY; f. Certificates of Acceptance for the lands described in Exhibit M duly and properly executed by the CITY; Newport Beach TS&E Final Agreement 11 D. Notification of Intention to Close Escrow Upon receipt of all documents described in Paragraph C above, Escrow Agent shall notify the Parties of its intention to close escrow, to record the documents, along with any other necessary documents and shall set a date certain for such recordation and Closing. Close of Escrow 1. At 8:00 a.m., or as early as possible on the date chosen for Closing, the Escrow Agency shall perform the following acts in the order set forth: a. Record the duly and properly executed copy of this Agreement b. Record the duly and properly executed Deeds (and other recordable documents), with Certificates of Acceptance attached referred to in paragraphs 1.B., I.C. and 1.D; c. Issue any and all policies of title insurance requested by the Parties pursuant to paragraph 3.P„ above; d. Deliver copies of all documents as may have been deposited with the Escrow Agent to such Parties as may request them. 2, The term "Close of Escrow" and "Closing" shall mean the date and time of recording of the Deeds and Leases. 3. When all the documents have been recorded, the Escrow Agent is authorized and directed to deliver copies of the Agreement and Lease to the CITY and original Deeds to the grantees thereof and the original Agreement and Lease to the STATE. V. Exbibib. AH preliminary recitals of and exhibits to this Agreement (Exhibits A through N) are hereby incorporated by reference. The exhibits to this Agreement are as follows: A. Exhibit A - Land Description of Subject Property B. Exhibit B - Plat of Subject Property C. Exhibit C - Land Description of Agreed Boundary Line D. Exhibit D - Land Description of Trust Termination Parcel E. Exhibit E - Land Description of Public Trust Parcel F. Exhibit F - Plat of Agreed Boundary Line, Public Trust Parcel and Trust Termination Parcel Newport Beach TS&E Final Agreement 12 A. G. Exhibit G — Form of Quitclaim Deed (Conveyance by TRUSTEE to STATE of Trust Termination Parcel) H. Exhibit H - Form of Quitclaim Deed (Conveyance by CITY to STATE of Public Trust Parcels) I. Exhibit I - Form of Quitclaim Deed (Conveyance by STATE to CITY of Trust Termination Parcel) J. Exhibit J —Form of I ease (Lease of the Public Trust Parcels to TRUSTEE) K. Exhibit K — Form of Certificate of Acceptance and Consent to Record (Acceptance by STATE of the Trust Termination Parcel) L. Exhibit L - Form of Certificate of Acceptance and Consent to Record (Acceptance by STATE of the Public Trust Parcels) M. Exhibit M - Form of Acceptance by the CITY N. Exhibit N — Form of Legislation VI. Notifications. All notices required or permitted to be given to a Party hereto by the provisions of this Agreement shall be deemed to have been given forty-eight (48) hours after such notice is deposited with the Untied States Postal Service, as registered or certified mail with postage thereon fully prepaid, addressed to such party at its address set forth below, addressed as above provided all charges thereon fully prepaid. Any notice given in any other fashion shall be deemed to have been given when actually received by the addresses. Any Party may change its address by giving written notice to the other Party. The addresses of the Parties hereto are as follows: Califomia State Lands Commission , 100 Howe Avenue, 100 South Sacramento, CA 95825 Attn: Chief Counsel City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attn: City Attorney Newport Beach TS&E Final Agreement 13 Approved as to form: KAMALA D. HARRIS Attorney General of the State of California By: To witness this Agreement, a duly authorized officer of each party has executed it below on the date opposite each signature. Newport Beach TSAE Final Agreement 14 DATED: NW Ell+Bfit. Z°ti State of California State Lands Commission By: CURTIS L. FOSSUM Executive Officer ATTACH ACKNOWLEDGMENT of signature Newport Beach TS&E Final Agreement 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of cat"16�its Jy On CsS Zet gat one personally appeared before me, ��' ' ""1���-- Ham Insert Name and Dee of the Officer KIMBERLY L. LUSETTA „ Commladon • t848695 • Notary Public - Wink = 'rre% SscmmaotoCounty Comm Extra. Walt- 28t3 E Place Nob? Seal Above who proved to me on the basis of satisfactory evidence to be the persont$ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s'hs/they executed the same in hisRter/i$eir authorized capacity(bs), and that by his/flerttheir signatures) on the instrument the person(% or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� 1/4344,01. a Notary Public OPTIONAL Though the Information below Is not required by taw, it may prove valuable to persons raying on the document and Gould prevent fraudulent removal and reattachment of this karm to anomer document Description of Attac ed Docu G:, r ,S G b@t: eraa'r L %.atrt��v>r� . p ct,E� t 8 evs-1/4_VR V vC i &- &r vw ►* Me or Type of Document: '� �e rrs�t Oita- • P$as'. csel-N\Ns-• D.. cruL t a , W:-'L12.-01 •, osfl-t.cL-o% ES:Veil �, Document Date: t�U Qv. tgr2.4\� Number of Pages: elQ�-4S3pta.1 A :Veil Signer(s) Other Than Named Above: Capacity(lee) Claimed by Slgne?(s), Signer's Name: Individual Corporate Officer — Title(s): Partner — 0 limited 0 General omey in Fact i Trustee u Guard'anorr Conservatg� 11•e,er?L OFF%tett. Signer IsReprgsentin�'� rill HT HUY.Itlh,IVL 1FSIGIiFF t urnb ere Signer's Nam 0 Individual ❑ Corporate Officer ❑ Partner —0 Limited 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representin• 02001 NedrW Notry Mendeleev 9350 De Solo Ave., PO. Box 2402 • hnowcrtl CA 913132402.www. racHT ! Hur''eprill l [: pF 51Gf1F! 16907 Realer Ceet 1-1 67Sie27 Dated: IHH I)( Dated: I b' 1 City of N rt Beach, a Municipality By: > i Midael F. Barns hHycr ATTEST: it/Ikl By: "C�+Y'�`l) City Clerk ATTACH ACKNOWLEDGMENT of signature City Attorney Newport Beach City of N By: ATTEST: By: ATTACH ACKNOWLEDGMENT of signature City Attorney Newport Beach Newport Beach TS&E Final Agreement 16 11I17It� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cool State of California County of grin et' onNOWn1 b r/112011 before me, 1/1' in/ personally appeared ft 7 % ch a,!/ F. /! en Nana($ a erv..ui c/ inAld,Nenn,p✓6//O mom The ON. Noisy a.r Abase 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 hisrheMheir authorized capacity(les), and that by his/her/thelr 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: OPTIONAL Though the Info mafbn below le not rewind by law, it may prove valuable to pawns ,.lying on the document and could pryer! hauckeent removal and reavachn enf gl this form to another tri ,m.nt. Description of Attached Docu aih/flmtit7fffr}Hf*'m"*t1-LimiExcharre(R'Trarm Mit Title «T or oocurppnt:'u-✓4sin t,r filfitful'n i� ,F lON/ttflrnu/f•!�/ a. &I Dt wcQ,ot rrtfeit./ Number d P Mn 5te ages: Signer(e) Other Than Named Anine/oniondi.O✓erion Collis L.FDSJvni,PlsM✓n/h•& »iJ2. Capeglty(Iss) palmed by Signor(s) Signer's Name: Signers Name" ❑ Corporate Officer — Tllle(s). ❑ Corporate Officer — Trtle(s): ❑ individual ❑ individual ❑ Partner — 0 Limited 0 General Tce a muw n,s 0 Partner — 0 Limited 0 General ❑ Attomey in Fact 0 Attorney In Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other: Signer Is Representing: Signer Is Representing' . xoio N.ea is Nolan A.ce mn • Nsiebtaryare • raao+.S NOTARY nasusseaeasl bm styes In approval whereof, I, EDMUND G. BROWN, JR, Governor of the State of California, have set my hand and caused the seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Cod of the State of California. Given l d r my hand at the City of Sacramento this 13Wday of _ /, two thousand / EDMUND Governor Attest: Newport Beach TS&E Final Agreement 17 AD 595 EXHIBIT 'A' LAND DESCRIPTION SUBJECT PROPERTY SIX PARCELS OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS: PARCEL 1 A PARCEL OF FILLED TIDE AND SUBMERGED LAND BEING A PORTION OF 'AN ACT RELATING TO TIDE AND SUBMERGED LANDS IN THE CITY OF NEWPORT BEACH" PER CHAPTER 74, STATUTES OF 1978, BOUNDED ON THE NORTH BY UNITED STATES GOVERNMENT BULKHEAD UNE AS SHOWN ON THE MAP ENTITLED 'HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CALIFORNIA', DATED MARCH 20, 1938, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1938, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT, BOUNDED ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE OF 151H STREET, BOUNDED ON THE SOUTH BY THE ORDINARY HIGH WATER MARK OF NEWPORT BAY, BOUNDED ON THE WEST BY THE EASTERLY RIGHT OF WAY LINE OF 18TH STREET. PARCEL 2 A PARCEL OF LAND AS DESCRIBED IN CERTAIN CORPORATION GRANT DEED FROM PACIFIC ELECTRIC LAND COMPANY TO CITY .OF NEWPORT BEACH RECORDED SEPTEMBER 22, 1919 IN BOOK 342, PAGE 329 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 3 A PARCEL OF LAND AS DESCRIBED IN CERTAIN CORPORATION GRANT DEED FROM SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA TO CITY OF NEWPORT BEACH RECORDED FEBRUARY 18, 1955 IN BOOK 298t, PAGE 294 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 4 A PARCEL OF LAND AS DESCRIBED IN CERTAIN CORPORATION GRANT DEED FRCM PACIFIC ELECTRIC LAND COMPANY TO CITY OF NEWPORT BEACH RECORDED JULY 5, 1958 IN BOOK 3588, PAGE 147 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL 5 A PARCEL OF LAND AS DESCRIBED IN CERTAIN CORPORATION GRANT DEED FROM PACIFIC ELECTRIC RAILWAY COMPANY TO CITY OF NEWPORT BEACH RECORDED JULY 5, 1956 IN BOOK 3566, PAGE 153 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCELS A PARCEL OF LAND AS DESCRIBED IN RESOLUTION ORDERING VACATION PER RESOLUTION 4532, RECORDED AUGUST 20, 1958 IN BOOK 3818, PAGE 210 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIO ORANGE COUNTY. • END OF DESCRIPTION DATED THIS j23" DAY O[FSEEPTEMB'ERR,,�20011111.. / GWEN-VERA DEL CASTLLLO, PLS 5108 Newport Beach TS&E Final Agreement 18 0 10 JOB F. 107-005 0AW: 8-17-11 SCALE: 1"04200 SHEET 1 OF 1 113 PLAT ULCT PRpPERTY a COAST suRVEYINO.INC. 10001 PM%WO WOO. funs 0 TISTM. CA t vaa-afn ()ri}. PlaMUSI Newport Beach TS&E Final Agreement 19 AD 598 EXHIBIT'C' LAND DESCRIPTION AGREED BOUNDARY LINE AN AGREED BOUNDARY UNE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIN AS DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF 15'" STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD UNE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED 'HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CAUFORNIA', DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT; THENCE ALONG SAID U.S. BULKHEAD LINE NORTH 7r22111' WEST 50.00 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF 151" STREET; THENCE ALONG SAID NORTHWESTERLY RIGHT OF NAY LINE SOUTH 10'40'10' WEST 109.82 FEET TO A POINT WHICH IS NORTH 10'40'10' EAST 160.00 FEET ALONG SAID UNE FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING THE p0JIT.OF BEGINNING; THENCE NORTH 79'20'30' WEST 146.30 FEET; THENCE SOUTH 10'39130' WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL UNE NORTH 79'20'30' WEST 186.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION NO.4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1956 IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID RESOLUTION SOUTH 10'39'12' WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 79'20'30' EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 SOUTH 10'39112' WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY UNE NORTH 7999'20' WEST 128.80 FEET TO THE CENTERLINE OF 161" STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10'38'49' EAST 70.87 FEET; THENCE NORTH 7995'11' WEST 236,74 FEET; THENCE NORTH 10'44'49' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 188.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15'20'21' EAST; THENCE SOUTHWESTERLY 143.27 Fttt ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'4713' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33'21'52" WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF IYOT24' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45'29'16' WEST; THENCE SOUTHWESTERLY 94.85 FEET ALONG BALD CURVE THROUGH A CENTRAL ANGLE OF 22°38'22' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113,22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 66'0T38' WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG Newport Beach TS&E Final Agreement 20 SAID CURVE THROUGH A CENTRAL ANGLE OF 11'10'47'; THENCE SOUTH 10'41'35' WEST 54.02 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79'22'5r WEST 225,78 FEET; THENCE NORTH 10171CZ EAST 219.84 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVINGA RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15.2754' WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102'01'22' TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00'4T07 EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HIVING A RADIUS OF 7201 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32'44'57 EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4258'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF B124 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10'13'33' EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2T'03'38' TO THE EASTERLY RIGHT OF WAY UNE OF 18' STREET (40 FEET WIDE). END OF DESCRIPTION DATED THIS 23R0 DAY OF SEPTEMBER, 2011. GWEN-VERA DEL CASTILLO, PLS 5108 Newport Beach TS&E Final Agreement 21 ZZ wawaal8y Fuld 318SZ gaeag uo aN M111y11 014 LHPAl4 to 'MIN! II NM YOO'1 ALUM MOM •ON1 'ONU3RatLS 15V00 IY W W C S,. 0 Zm 618 oom N.c1 0 ($0 a 0 NZ 3Nn AavoNn IQE a3v ,,,t).. 1 I r ooc- 1 'arm .1-u-e Iatva 500-101 4 eor it t'Anas }-O+*OMNON0 0Pi My m NO+NT N wnNM-h NP NNNM-.NM-.tAJN NNa' COMImnptQfml— CLAIM ntNN:.. WOMaNa-.N + • NN0V10NU10U10 NOON N -, CONhh mNhM'1 N M Y N^ O^ ON000'0F,:h&l0 o� oNmmh*o'N N.+.a U)Oaa.... N W WW 2 3 3 3 3 W 2 3 W 3 W 7 7 NO*"0+00p N o-O+t/+--4 V)m 11��O-'-*�-pp MpM pper... Nf Na.+vMN ZM.NIrNI'7(UMNM--.. M.taN QOOhO +Oo+O^OnOo oor+ W Z Z N N Z N Z N N N Z Z Z Z N Z .-.+O NO0'0-+NMa W+CNOmy AD 695 EXHIBIT'D' LAND DESCRIPTION TRUST TERMINATION PARCELS THREE PARCELS OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON MAY 16, 1892, SITUATE IN THE CRY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 117, SECTION B, NEWPORT BEACH AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 117, ALSO BEING THE NORTHEASTERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE) SOUTH 79'22'58' EAST 178.20 FEET; THENCE NORTH 10'3202' EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15'22'54' WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102101'22' TO A POINT OF CUSP WITH A NONTAIVGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00.47'02' EAST; THENCE NORTHWESTERLY 42.48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A'REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32'44'52' EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42'58'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10'13'33' EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27.03'38' TO THE EASTERLY RIGHT OF WAY LINE OF 18TM STREET (40 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 10'38'36' WEST 287.10 FEET TO THE POINT OF BEGINNING. CONTAINING 1.124 ACRES, MORE OR LESS. PARCEL BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 18'" STREET (40 FEET WIDE, NOW ABANDONED) AND THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE) AS SHOWN ON TRACT NUMBER 234 AS SHOWN ON A MAP FILED IN BOOK 13, PAGES 38 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THENCE ALONG SAID CENTERLINE NORTH 10.38'49' EAST 70.87 FEET; THENCE NORTH 79'15'11' WEST 238,74 FEET; THENCE NORTH 10'44'49' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 188.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15'20'21' EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48.4213' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33'21'52' WEST, THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'0T24' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 4529'16' WEST; THENCE SOUTHWESTERLY 94.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'3822' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 68'07'36' WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'10'47*; THENCE SOUTH 10'41'35' WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE Newport Beach TS&E Final Agreement 23 OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: 1. SOUTH 79'22'50' EAST 10.13 FEET; 2. SOUTH 79'2302' EAST440,04 FEET TO THE POINT OF BEGINNING, CONTAINING teaACRES, MORE OR LESS. PARCEL3 BEGINNING AT A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY IJNE OF 15T" STREET, AS SHOWN ON A MAP OF TRACT 234, AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN TEE OFFICE OF SAIO COUNTY RECORDER, SAID POINT BEING NORTH 10'40'10' EAST 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY, CORNER OF LOT 4, BLOCK 115 OF SAID TRACT NO. 234; THENCE NORTH 79'20130' WEST 146.30 FEET; THENCE SOUTH 10'39'30' WEST 140,00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE SOUTH 79'20'30' EAST 146.27 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF 15T" STREET; THENCE ALONG SAID WESTERLY RIGHT OF WAY UNE NORTH 10'40'10' EAST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.470ACRES, MORE OR LESS END OF DESCRIPTION EXHIBIT PLATS 1 -3 DATED THIS 23"D DAY OF SEPTEMBER, 2011. 2 Newport Beach TS&E Final Agreement 24 JOB 1: 107-005 DATE: 8-17-11 SCALE: 1 =80 '$MEET 1 or 1 N15'50'05"E RAD) N10'13'33"W (RAD PRCT N32'44'52"E RAD PRC TRUST TERMINATION PARCEL 1 OA - • BEARING 'DISTANCE t N10'36'34'E 287, 10' 6 S10' 37' 02'v . 219. 64' 7 N79' 22' 58'v 178. 20' RADIUS DELTA LENGTH 2 81. 24' 27.03' 38' 38. 37' 3 72. Or 42' 58' 25' S4. 01' 4 72. 54' 33' 31' 53' 42. 46' 5 52. 74' 102' 01' 22' 93. 91' RCT 1D TRUST RMINTION Newport Beach TS&E Final Agreement 25 NOTE: THIS EXHIBIT PLAT 15 FOR GENERAL REFERENCE PURPOSES ONLY; SEE ACCOMPANYING LAND DESCR PITON FOR CONTROLLING PARCEL BOUNDARY INFORMATION. HEAD LIN N00'47'02"W (RAD R=72.54') N62'3 '44"W RAD R=52.74') N15'22'54"E RAD AD 596 COAST SURVEMHG, INC. INS PARKWAY MP. SUIT[ I 7NJ'TIT. CA 127S0-A4x7 (714) III-SSSS 9Z luautaa.t2y !eutg a+gsy wean podrnaN srMN GW an-azu n wttWU 0 35t1 'CM ♦VSIcflS Ica: 'OM 'ONLA AS 1 S 0.000 Sv in.N O.DO ri Zttia'N tan/o. W NM :tt I- V'O'•D OO.o I. N v to 60 al tV tJ LJ J . . NO+-•O+N ZO Ia.—.N.N..v (/)Y..it` 0 In Z a info )iv N?IA- .v .APO --INN =NIOVIn Q•0.0TOO•t•at nna.tn Q) W it( .-.t9f�.O O 121.1N0122 -• 4:1 CO O. 0 N t'1 V• V) 2 M.8£,L0.99N NOLLVNIW231 1Sr1211 193 d a.. 18i-I 2 CI 'Pools t 40 t 133HS 09:TICS t t -L t-9 :nrQ SW-LOt 4 ear to .0g " r 1334os N191 O a. a , 0 WW F V 0 - O W — CC (! 3. cr z 0 wG2 8 own J <V a tn r 6ti mN1 == z We0 5 ccm 0. NOTE: THIS EXHIBIT PLAT 15 FOR GENERAL REFERENCE PURPOSES ONLY, SEE ACCOMPANYING LAND DESCRIPTION FOR CONTROLLING PARCEL BOUNDARY INFORMATION. Sec. Port. 176 of L 33 $ Ret 4 OW,Sem a BEARING DISTANCE 1 N10' 39' 30' E 140. 00' 2 S79' 20' 30' E 146. 30' 3 S 10' 40' 10' W 140. 00' 4 N79' 20' 30' W 146. 27' 5 NIO'40' 10'E 160. 0D' J09 9: 1Q7-005 DATE: 8/17/11 SCALE: 1'-60 S EET 1 OF 1 T ''D"" E X,118 ARCEL 3 TRUST TERMINAl:19N Newport Beach TS&E Final Agreement 27 50' COAST SURVEYING, INC. IMP AMWAY LOOP. $WTI 1 IWa to 93196-IISI VIA) 118-41N AD 59B EXHIBIT 'E' LAND DESCRIPTION PUBLIC TRUST PARCEL A PARCEL OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON MAY 18, 1892, SITUATE. IN THE CRY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF 16'" STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATION NUMBER 158 AND STATION NUMBER 119, AS SHO'NN ON THE MAP ENTITLED 'HARBOR 'LINES — NEWPORT BAY, NEWPORT BEACH, CAUFORNIA', DATED MARCH 20, 1938, FILE NUMBER 958, APPROVED BY THE U.S, SECRETARY OF WAR ON MAY 2, 1938, ACOPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DMSION, U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY UNE SOUTH 10'40'10' WEST 109.62 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 38 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER THENCE NORTH 79'20'30' WEST 148.30 FEET; THENCE SOUTH 10'39'30' WEST 140.00 Lei TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY' UNE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL UNE NORTH 79'2f30' WEST 155.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION N0, 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1950 IN BOOK 3018, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER THENCE ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED SOUTH 10'39'12' WEST 20.00 FEET TO THE NORTHERLY UNE OF SND BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 79'20'30' EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY UNE OF SAID LOT 10 SOUTH 10'39'17 WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OFWAY UNE NORTH 79'11220' WEST 125,80 FEET TO THE CENTERLINE OF 10"4 STREET (40 FEET WIDE. PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10'38'491 EAST 70.87 FEET; THENCE NORTH 79'15'111 WEST 238.74 FEET; THENCE NORTH 10'M'49' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15'20'21' EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'42'13' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33'21152 WEST; THENCE SOUTHWESTERLY 79,01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'07'24' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.64 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45'2011r WEST; THENCE SOUTHWESTERLY 94,85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'38'22' TO THE BEGINNNG OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 88'0738' WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 Newport Beach TS&E Final Agreement 28 11'10'47'; THENCE SOUTH 10'41'35' WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY UNE NORTH 79'22'68' WEST 225.78 FEET; THENCE NORTH 10'37'02' EAST 219.84 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15'22'54' WEST; THENCE NORTFM'ESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102'01'22" TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00.47102' EAST; THENCE NORTHWESTERLY 42.48 FEET ALONG BAND CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BENTSNORTH 32'' 4'52' EAST; THENCE SOUTHWESTERLY 64.01 FEET ALONG SAJD CURVE THROUGH A CENTRAL ANGLE OF 42'6825' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAIO POINT BEARS SOUTH 101333' EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'03'38' TO THE SOUTHEASTERLY RIGHT OF WAY UNE OF 18TM bl Ktti (40 FEET WIDE); THENCE ALONG MID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 10'381B' EAST 52.47 FEET TO SAID U.S. BULKHEAD UNE; THENCE ALONG SAID BULKHEAD UNE SOUTH 79'22'11' EAST 1280.88 reel TO THE POINT OF BEGINNING. CONTAINNG 8.95E ACRES, MORE OR LESS. END OF DESCRIPTION. DATED THIS 23RD DAY OF SEPTEMBER, 2011. Newport Beach TS&E Final Agreement 29 OE ;uawaaa ly leutd Higgs gaeag 1odmaN tnt-ais tnt) ZZSS" OLLLU YJ 4M1tAt t llms4+0011YJrditd ttnl 'ONI 'ONIA3AWIS 1 St/00 a 8° F Z 0Q3 W — MO> -JZ6 cercern Z ii0-J CC —M((L t }Z • ec- 0 ,woo Wo&re 0 • z a s 1302i d 'Wand t 40 l L33115 00C= 1 7rioS l L-L I -9 :3100 GOO-L01 4 Bar tt anfl Et +4,OHS FTrOC1N .A MN0.11ONO ZCIN*Mtle tN WCKTOmvnO.N N ID CjO CI K Cu Ninain.+NNt aol•JUJo.Q. * JNINOtNN-+ w OCia NY^N^ NnnfnO ONnvO1ON Nin ..41 AJ N-. C0 Ci Q+C) avinr.OWnm,. N CSRNmNNN Obiubbo•bNwCICu:o nO-00rwWn*0'N ^rtsONNO`NNCIM 1N W33339WT7WYWf bbbbatb NbONLa,e)v as6bcnb Abg“Venin:- iu b r ^ a obb hb-bb.b-- -bbb Vl2 Jn 2V1 LiN 2222wZ Q - WTO..NCICV1OnWNN S£ 2uamaa12v leold a'SS.6 yeas uodMaN wn-crrr trig) L1fl OS n ra ULM "—mA1S1,00 0. Y gry� qS is, 25 W Z a U > 4f% a. 8o1 ¢ U oil, i f—o� VJtal WIA 0 00 N 0 1 oRI �.. I iPNX -r L 40 1 BINS tl—Lt-9 1100 S00—L01 t# oor 4 0 EXHIBIT G FORM OF QUITCLAIM DEED RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. S.L.C. AD596/G09-02.10 SPACE ABOVE THIS LINE FOR RECORDER'S LSE CITY OF NEWPORT BEACH QUITCLAIM DEED WHEREAS, the State Lands Commission, at its public meeting in Sacramento, California on September 1, 2011 approved Calendar Rem No.73, which authorized the Compromise Title Settlement and Land Exchange Agreement Regarding Certain Lands in the Vicinity of Lower Newport Bay, City of Newport Beach, California ("Agreement") between the City of Newport Beach, a municipality, the City of Newport Beach, as trustee pursuant to, infer alia, Chapter 74 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, as amended, and the State of California ("State"), acting by and through the State Lands Commission, pursuant to Public Resources Code section 6307; and WHEREAS, pursuant to the Agreement, the City of Newport Beach, a trustee, must convey all its right, title, and interest in the Trust Termination Parcel to the State of Califomia, acting by and through the State Lands Commission, as more particularly described in Exhibit A, attached hereto; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to accept all right, title, and interest in the Trust Termination Parcel. Now, THEREFORE, The City of Newport Beach, a trustee, does hereby REMISE, RELEASE, and FOREVER quitclaim to the State, acting by and through the State Lands Commission, all its right, title, and interest in the Trust Termination Parcel, as described in Exhibit I. Newport Beach TS&E Final Agreement 32 4 This quitclaim deed is executed by and on behalf of the CITY OF NEWPORT BEACH, a trustee, acting pursuant to law, by its duly authorized undersigird officer. Dated: CITY OF NEWPORT BEACH, A Mtmicipal Corporation By: Dave Riff City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Lennie Mulvihill Assistant City Attorney _ Ai iEbt: By: Lama; L Brown CityClerk ACKNOWLEDGMENT OF SIGNATURE TO BE, ATTACHKD Newport Beach TS&E Final Agreement 33 AD 596 EXHIBIT 1 LAND DESCRIPTION TRUST TERMINATION PARCELS THREE PARCELS OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON MAY 16, 1892, SITUATE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF LOT 16 OF BLOCK 117, SECTION B, NEWPORT BEACH AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 117, ALSO BEING THE NORTHEASTERLY RIGHT OF WAY UNE OF BALBOA BOULEVARD (100 FEET WIDE) SOUTH 79'7258' EAST 178.20 FEET; THENCE NORTH,10'37'O21 EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 6274 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15'2754' WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102.0127 TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00'4T07 EAST;. THENCE NORTHWESTERLY 42.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32'44'52' EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAND CURVE THROUGH A CENTRAL ANGLE OF 42'58'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 61.24 FEET, A RADIAL BEARING THROUGH END POINT BEARS SOUTH 10'13'33' EAST; THENCE SOUTHWESTERLY 35,37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'03'36' TO THE EASTERLY RIGHT OF WAY UNE OF 181" STREET (40 FEET WIDE); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 10'38'38' WEST 237.10 FEET TO THE POINT OF BEGINNING. CONTAINING 1.124 ACRES, MORE OR LESS. PARCEL 2 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 10"' STREET (40 FEET WIDE, NOW ABANDONED) AND THE NORTHERLY RIGHT OF WAY UNE CF BALBOA BOULEVARD (100 FEET WIDE) AS SHOWN ON TRACT NUMBER 234 AS SHOWN ON A MAP FILED IN BOOK 13, PAGES 38 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE DF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THENCE ALONG SAID CENTERLINE NORTH 1018'4r EAST 70.57 FEET: THENCE NORTH 79'15'11' WEST 236.74 FEET; THENCE NORTH 10'44'49' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15'2071' EAST; THENCE SOUTHWESTERLY 14127 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'4213' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33'21'52' WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12-0714' 70 THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239,54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45Z9'16' WEST; THENCE SOUTHWESTERLY 94,85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'38'7I TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 681T38' WEST; 1 Newport Beach TS&E Final Agreement 34 THENCE SOUTHWESTERLY 2209 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'10147-; THENCE SOUTH 10'41'35' WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY UNE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: 1, SOUTH 7972'55' EAST 18.13 FEET; 2, SOUTH 7973'02' EAST 440.04 FEET TO THE POINTOF BEGINNING. CONTAINING 1.499 ACRES, MORE OR LESS. PARCEL 3 BEGINNING AT A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY UNE OF 15'" STREET, AS SHOWN ON A MAP OF TRACT 234, AS PER MAP FILED IN BOOK 13, PAGES 38 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING NORTH 10'40'10' EAST 180.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF SAID TRACT N0. 234; THENCE NORTH 79'20'30' WEST 148.30 FEET; THENCE SOUTH 107970- WEST 140.00 FEET TO A UNE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE SOUTH 7970130' EAST 146.27 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF 15'" STREET; THENCE ALONG SAID WESTERLY RIGHT OF WAY UNE NORTH 10'40'10' EAST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.470 ACRES, MORE OR LESS. END OF DESCRIPTION EXHIBIT PLATS 1 - DATED THIS 5T DAY OF OCTOBER, 2011. GWEN-VERA DEL CASTILLO, PLS 51,0B Newport Beach TS&E Final Agreement 35 JOB k 107-005 DATE: 10-5-11 SCALE: 1 "- 60 SHEET 1 OF 1 il* 4'0' 0'Z 4 20'10 20' N16'50'05"E RAD N10'13'33"W (RAD PRC BULKHEAD LINE N32'44'52"E RAD PRC) TRUST TERMINATION PARCEL 1 Block ri 17! r T��tT - II I 11I 10 B,t t 16/ 15' 14113 tt 12 r 11III M0.'I P,0.B. t / 0 BEARING " DISTANCE R N10'36' 36',E 287, 10' S 10' 37' Or 2178.19. 64' N 79' 22' 58' V 20' RADIUS DELTA LENGTH lll1 2 81. 24' 27' 03' 38' 38. 37' 3 72. O1' 42' 58' 25' 54. 01' 4 72. 54• 33' 31' 53' 42. 46• 5 52. 74' 1C2'0I' 22' 93. 91' L� PAR TRUST. TRUST TERMINATION Newport Beach TS&E Final Agreement 36 NOTE: THIS EXHIBIT PLAT IS FOR GENERAL REFERENCE PURPOSES ONLY; SEE ACCOMPANYING LAND DESCR PTION FOR CONTROLLING PARCEL BOUNDARY INFORMATON. NO0'47'02"W (RAD R=72.54') N62'35'44"W RAD R-52.74') N15'22'54"E RAD ?2J -, -? P/PnRT I ma41/ 27BfA/ gr a l 716 I/ 5' I ARC AD 596 COAJ / St tVEMNG, INC. Nlilx1CA' ISJq-4U37 (1144) 1L$-U34{ NOI1VNIWM31 1Sla1 z 130av 1. 1 181 X d0 t 133HS 04a„1. f31YOS 11-G-01 :LPo LE auawaai2y ucd 318S.L Peal] podmaN NLe-91e (pu) nm-ante q yam ■ LIM 'e001 Atwgtl ttSe1 *OM IONu3n211f1S 1 S voo • h 2 0•In .+ N r ONO . Z . fh Z N P N P U(UCYPh.v11 Z0•P Nt 0-• 1i- v 0i •O O o'.a NVIO+mtP.. PNN-- -.N P q cOfDr\N resew* . W3W33i. J. • • • W•-NNW l7P.-POIn Z ^P NODMN DNV.PNPUl ..PP.+. . . QOONOO•N "460 60$ Pn ZNNV1ZZ OG.-Nf'1.• - 0N000 Nf*VI NOTE: THIS EXHIBIT PLAT 1S.FOR GENERAL REFERENCE PURPOSES ONLY; SEE ACCOMPANYING LAND DESCRIPTION FOR CONTROLLING PARCEL BOUNDARY INFORMATION. POr sec. 33t1Of Lot T6S, Ri0W4, Bb1 BEARING DISTANCE 1 N 10' 39' 30' E 140. 00' 2 S79.20'30'E 146. 30' 3 S 10' 40' 10' V 140. 00' 4 N79'20'30'V 146.27' 5 NIO'40' 10'E 160.00' JOB /: 107-005 DATE: 10-5-11 SCALE: 1 "= 60 S}IEET 1 OF 1 XAH TRUST T IT 1 RMINAT1ON Newport Beach TS&E Final Agreement 38 G. ©14J / SURVEYING, INC. 110.11 ran IOCr. LUTE ■ luanw, Cs szrw-UZT (nq ne-Ixa EXHIBIT H FORM OF QUITCLAIM DEED RECORDED AT THE REQUEST OF AND WHEN RECORDED MAR. TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202. Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACEABOVE TXtSUNEFOR RECORDER'S USE A.P.N. S.L.C. AD596/G09-02.10 CITY OF NEWPORT BEACH QUITCLAIM DEED WHEREAS, the State Lands Commission, at its public meeting in Sacramento, California on September I, 2011 approved Calendar Item No. 73, which authorized the Compromise Title Settlement and Land Exchange Agreement Regarding Certain Lands in the Vicinity of Lower Newport Bay, City of Newport Beach, California ("Agreement") between the City of Newport Beach, a municipality, the City of Newport Beach, as trustee pursuant to, inter olio, Chapter 74 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, as amended, and the State of California ("State"), acting by and through the State Lands Commission, pursuant to Public Resources Code section 6307; and WHEREAS, pursuant to the Agreement, the City of Newport Beach, a municipality, must convey all its right, title, and interest in the Public Trust Parcel to the State of California, acting by and through the State Lands Commission, as more particularly described in Exhibit 1, attached hereto; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to accept all right, title, and interest in the Public Trust Parcel as sovereign land, impressed with all incidents of sovereignty including the Public Trust for commerce, navigation, and fishing. Newport Beach TS&E Final Agreement 39 Now, THEREFORE, - The City of Newport Beach, a municipality, does hereby REMISE, RELEASE, and FOREVER quitclaim to the State, acting by and through the State Lands Commission, all its right, title, and interest in the Public Trust Parcel, as described in Exhibit 1. This quitclaim deed is executed by and on behalf of the CITY OF NEWPORT BEACH, acting pursuant to law, by its duly authorized undersigned officer, Dated: CITY OF NEWPORT BEACH, A Municipal Corporation By: Dave Kiff City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Leone Mulvihill Assistant City Attorney Al IEST: By: Leilani I. Brown City Clerk ACKNOWLEDGMENT OF SIGNATURE TO BE ATTACHED Newport Beach TS&E Final Agreement AD 696 EXHIBIT 1 LAND DESCRIPTION PUBUC TRUST PARCEL A PARCEL OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3989 PATENT TO JAMES McFADOEN ON MAY 16, 1892, SITUATE IN THE CRY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF 15'M STREET (100 FEET WADE) AND THE UNITED STATES GOVERNMENT BULKHEAD UNE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED 'HARBOR LINES - NEWPORT BAY, NEWPORT BEACH, CALIFORNIA', DATED MARCH 20, 1938, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DMSION, U.S. ARMY CORPS OF ENGINEERS, LOB ANGELES DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 10'40'10' WEST 109.82 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT N0. 234 AS PER MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 797030' WEST 146.30 FEET; THENCE SOUTH 10'3Y30' WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20,00 FEET NORTH OF THE NORTHERLY UNE OF SAID BLOCK 116; THENCE ALONG SAID PARALLEL UNE NORTH 79120130' WEST 165,12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 196E IN BOOK 3616, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAM COUNTY RECORDER; THENCE ALONG THE EASTERLY UNE OF SAID LAND DESCRIBED IN SAID DEED SOUTH 10'3712' WEST 20.00 FEET TO THE NORTHERLY LJNE of SAID BLOCK 115; THENCE ALONG SAID NORTHERLY UNE SOUTH 7970'30' EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT N0.234; THENCE ALONG THE %WESTERLY UNE OF SAID LOT 10 SOUTH 10'39'12' WEST 99.79 FEET TO THE NORTHERLY RIGFIT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79'19'20' WEST 128.80 FEET TO THE CENTERUNE OF 1d" STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERUNE NORTH 10`3349' EAST 70.87 FEET; THENCE NORTH 79'15'11' WEST 2315,74 FEET; THENCE NORTH 10'44'4Y EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RACIAL BEARING TO SAD CURVE BEARS NORTH 15'2021' EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SNO CURVE THROUGH A CENTRAL ANGLE OF 4V4213' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 337152- WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'0724' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45'29'16' WEST, THENCE SOUTHWESTERLY 94.6E FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'36'22' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 66.0736' WEST; THENCE SOUTHWESTERLY 2209 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF Newport Beach TS&E Final Agreement 41 11.10'47-; THENCE SOUTH 10'41'35' WEST 64.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY UNE NORTH 7r22'58' WEST 226.78 FEET; THENCE NORTH 10'37'02' EAST 219.64 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15.22'54' WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102'017T TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00'4T0T EAST; THENCE NORTHWESTERLY 42,48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 32'44'62' EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAI. ANGLE OF 4T68'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 61.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10'13'33' EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 27.0338' TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF 16TM STREET (40 FEET WIDE); THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE NORTH 1(738'38' EAST 62.47 FEET TO SAID U.S, B0001EAD UNE; THENCE ALONG SAD BUUOIEAD UNE SOUTH 79'22'11" EAST 1260.68 FEET TO THE POINT OF BEGINNING. CONTAINING 8.968 ACRES, MORE OR LESS. END OF DESCRIPTION DATED THIS 6" DAY OF OCTOBER. 2011. GWEN-VERA DEL CASTILLO, PLS 5108 2 Newport Beach TS&E Final Agreement 42 £y auawaai2y feuld 378ss pea uodmaN sef-•t• ('*0 M11-01420 Ya 'MEN • LMI$ 'POI MOM Iflu 'OM *ONIA3AWIS isvoo, % F-tli Oal%6 O ViO 0 Na10 Nai 41A ^g C S • 1 �«.Wa'?O Pq.DNN1•Nr•Lmou N 714/fl -.PUIN -•a CI VI 130bVd 1S1181 vsnd .12Hx_. 1 I !0 t 133Hg 00a- 11nY1s tt—S—OL :MVO S00-LOI 31 eor •t i.0M0•a tt w!i$11• $.. utz— — aI 1-0P a art N 04)0 20IN.tDO3POfu LIP aN 01* n a'N J N OI a YIat 0NN OON00001-YOI i a ro0-.0Onmmnv17,7%, OTOQ•OAOPOOP ..e..-n .-n -n -+.- n v,zlnrnu2z22412 az --WI+a7ojo-iNrIa M1NnNNN EXHIBIT I FORM OF QUITCLAIM DEED RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. S.L.C. AD596/G09-02.10 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATE OF CALIFORNIA QUITCLAIM DEED WHEREAS, the State Lands Commission, at its public meeting in Sacramento, California on September 1, 2011 approved Calendar Item No. 73, which authorized the Compromise Title Settlement and Land Exchange Agreement Regarding Certain Lands in the Vicinity of Lower Newport Bay, City of Newport Beach, California ("Agreement") between the City of Newport Beach, a municipality, the City of Newport Beach, as trustee pursuant to, inter alia, Chapter 74 of the Statutes of 1978, as amended by Chapter 728, Statutes of 1994, Chapter 317, Statutes of 1997, Chapter 745, Statutes 2001, and Chapter 361, Statutes of 2004, as amended, and the State of California ("State"), acting by and through the State Lands Commission, pursuant to Public Resources Code section 6307; and WHEREAS, pursuant to the Agreement, the City of Newport Beach, a trustee, remised, released, and forever quitclaimed to the State, acting by and through the State Lands Commission, all the right, title, and interest in the Trust Termination Parcel, as more particularly described in Exhibit 1 attached hereto; and WHEREAS, the State, acting by and through the State Lands Commission, has accepted the Trust Termination Parcel; and WHEREAS, it is the intent of the State, acting by and through the State Lands Commission, to convey to the City of Newport Beach, a municipality, all right, title, and interest in the Trust Termination Parcel, as proprietary land, free of all incidents of sovereignty including the Public Trust for commerce, navigation, and fishing. Newport Beach TS&E Final Agreement 44 Now, THEREFORE, The State, acting by and through the State Lands Commission, does hereby REMISE, RELEASE, and FOREVER quitclaim to the City of Newport Beach, a municipality, all its sovereign right, title, and interest in the Trust Termination Parcel as described in Exhibit 1. This quitclaim is intended to and does terminate any public trust interests of the State in the Trust Termination Parcel. [Remainder of page intentionally left blank] Newport Beach TS&E Final Agreement 45 IN APPROVAL WHEREOF, I, , Governor of the State of Califomia, have set my hand and caused the seal of the State of California to be hereunto affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento thisday of , two thousand . Attest: Countersigned: Newport Beach TS&E Final Agreement 46 EDMUND G. BROWN JR. Governor State of California DEBRA BOWEN Secretary of State CURTIS L. FOSSUM EXECUTIVE OFFICER CALIFORNIA STATE LANDS COMMISSION AD 596 EKHI BIT 1 LAND DESCRIPTION TRUST TERMINATION PARCELS THREE PARCELS OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON MAY 16, 18 Z, SITUATE IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS PARCEL 1 BEGINNING AT THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 117, SECTION B, NEWPORT BEACH AS SHOWN ON A MAP FILED IN BOOK 4, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 117, ALSO BEING THE NORTHEASTERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE) SOUTH 79'2248' FAST 1.78.20 FEET; THENCE NORTH 10'3T02' EAST 219.84 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15'22'54' WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 113.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102'01'22' TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 72.54 FEET, A RAf141 BEARING TO SAID CUFNE BEARS SOUTH 00'47'02' EAST; THENCE NORTHWESTERLY 4248 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33'31'53' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HIVING A RADIUS OF 72.01 FEET, A RADIAL SEARING THROUGH SAID POINT BEARS NORTH 32'44'52' EAST; THENCE SOUTHWESTERLY 54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42'54'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 10'13'33' EAST; THENCE SOUTHWE$TERLY 38.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'03'38' TO THE EASTERLY RIGHT OF WAY LINE OF 1801 STREET (40 FEET WIDE); THENCE ALONG SAID EASTERLY FIGHT OF WAY UNE SOUTH 10'3816' WEST 287,10 FEET TO THE POINT OF BEGIN WING. CONTAINING 1.124 ACRES, MORE OR LESS, PARCEL2 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 161." STREET (40 FEET WIDE, NOW ABANDONED) AND THE NORTHERLY RIGHT OF WAY LINE CF BALBOA BOULEVARD (100 FEET WIDE) AS SHOWN ON TRACT NUMBER 234 AS SHOWN ON A MAP FILED IN ODOR 13, PAGES 38 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THENCE ALONG SAID CENTERLINE NORTH 10'31349' EAST 70.87 FEET; THENCE NORTH 7915'11' WEST 236.74 FEET; THENCE NORTH 10'44'48' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 168.64 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 152021' EAST; THENCE SOUTHWESTERLY 143.27 FEET ALONG SAD CURVE THROUGH A CENTRAL ANGLE OF 48'42'13" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 3321'ST WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'0724' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 4629'16' WEST; THENCE SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'3822" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 66'0738' WEST; Newport Beach TS&E Final Agreement 47 THENCE SOUTHWESTERLY 2209 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'10147'; THENCE SOUTH 10'41135' WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO COURSES: 1. SOUTH 79'22'SS' EAST 18.13 FEET; 2. SOUTH 70'23E2' EAST440.04 FEET TO THE POINT OF BEGINNING. CONTAINING 1.499 ACRES, MORE OR LESS. PARCEL 3 BEGINNING AT A POINT ON THE NORTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF 15Th STREET, AS SHOWN ON A MAP OF TRACT 234, AS PER MAP FILED IN BOOK 13, PAGES 35 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, SAUD POINT BEING NORTH 10'40'10' EAST 1130.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF SAID TRACT NO. 234; THENCE NORTH 79'20'30' WEST 140.30 FEET; THENCE SOUTH 10'39'30' WEST 140.00 FEET TO A LINE PARALLEL WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE SOUTH 79'20'30' EAST 14827 FEET TO SAID WESTERLY RIGHT OF WAY LINE OF 15Th STREET; THENCE ALONG SAID WESTERLY RIGHT OF WAY UNE NORTH 10'40'10' EAST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.470 ACRES, MORE OR LESS. END OF DESCRIPTION EXHIBIT PLATS 1 -3 DATED THIS 51" DAY OF OCTOBER, 2011. DEL CASTILLO, PLS 5108 2 Newport Beach TS&E Final Agreement 48 Bo .10B /: 107-005 DATE: 10-5-11 SCALE: 1 60 SHEET 1 OF 1 u. S 6`50'05"E u N32'44'52"E RAD PRC 0 N1013'33"W (RAD PRC) TRUST TERMINATION PARCEL 1 Block 117i1 1rTr anti ' 51ECArp� 1B1151i141113i112r tM.11 1 1 I 111 1 1 P.O.B. 1 1 1 0 /BEARING l NIO'36' 36'E 6 SIO'37'02'M i 7 N79' 22' 58' M RADIUS 2 81. 24' 3 72. 01' 4 72, 54' 5 52. 74' Oq STANCE 287, 10' 219, 64' 178. 20' DELTA LENGTH 27' 03' 38' 38. 37' 42.58' 25' 54. 01' 33' 31' 53' 42. 46' 102'01'22' 93. 91' rx i it 1 TRUST TE MINATION Newport Beach TS&E Final Agreement 49 NOTE: THIS E%H181T PLAT 15 FOR GENERAL REFERENCE PURPOSES ONLY; SEE ACCOMPANYING LANO DESCR PTCN FOR CONTROLLING PARCEL BOUNDARY INFORMATION. AD N00'47'02"W A = 2.54 N62'35'44"W RAD R=52.74} N15'22'54"E AO -7231-r-7— NEWPOR'RI 1i14 1I I EA OH 1 1 91 81 1 /6i5 1i 1 / AO 596 � S / SURVEYING, INC. CC11051 PARKWAY WetWE0 lYOAN, CA Imo-es2 014) ns-1211 NOI1VNIV121B1 1Sf Z 1RZTV 1. 1I81-X OS luauraal8y Iemg g1Sy goeag ltodmat nn-tts (ttlt au-Otzn O 'NUM VMS WM LWOIW./ tn$1 3N1 t0Nu.3nanS _ES bead 2 tT IN N 1-O0DO zMta(v W, WNOlI..-• 1.N(7VN*(7 J ZC•Ntr.coO-- I--vNOD.O n NVM 4 IflO.C11�V.. Y NN.'. • •-• N v QOOo N.N 1- .. M O • W• • • • W.••NNO) v ...IT OLD u_ Z.•v111i0MN HNY.-.v' • vv..C1NN MA11 . . OC .• ¢00N—r-at fa C10�C')Oi Q^Mh.D WZVI(4NZZ OC.+NC,•-• ••.OI-W IT NCI.* U1 a l d0 t 133HS 09— l :TWOS tt-6-0t :31ra WO -tot :i sor m .oe 33k1s Ht 91 NOTE; THIS E761,BIT PLAT IS. FOR GENERAL REFERENCE PURPOSES ONLY; SEE ACCOMPANYING LAND OESCRIPTION FOR CONTROLUNC PARCEL BOUNDARY INFORMATION. Rortil Sec. 33 °T Lot $. 4 RIOW5BM BEARING DISTANCE 1 N 10' 39' 30' E 140. 00' 2 S79' 20' 30' E 146. 30' 3 S10'40' 10'W 140. 00' 4 N79'20'30'W 146.27' 5 N 10' 40' 10' E 160. 00' JOB /: 107-005 OATC: 10-5-I I SCALE: 1"=6O E-YHfBIT 1 SHEET 1 OF 1 TRUST TRERIHA,TjQN Newport Beach TS&E Final Agreement 51 COAST SURVEYING, INC. IIWI Fay ICON. PM I ICIOII. CA nno-c17 Pul II1-IIN RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 RECORDERS USE APN. County Orange SPACE ABOVE TIES LINE FOR W 26334 EXHIBIT J. LEASE PRC 8946.9 This Lease consists of this summary and the following attached and incorporated parts: Section 1 Basic Provisions Section 2 Special Provisions Amending or Supplementing Section 1 or 4 Section 3 Description of Lease Premises Section 4 General Provisions Exhibit A Site and Location Map SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS. COMMISSION (100 Howe Avenue, Suite 100- South, Sacramento, Califomia 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF NEWPORT BEACH, hereinafter referred to as Lessee, those certain lands described in Section 3 subject to the reservations, terms, covenants, and conditions of this Lease. Newport Beach TS&E Final Agreement 52 MAILING ADDRESS: City of Newport Beach, Trustee 3300 Newport Boulevard Newport Beach, California, 92663 LEASE TYPE: General Lease — Public Agency Use LAND TYPE: Sovereign LOCATION: Filled and unfilled sovereign tide and submerged land in Lower Newport Bay, adjacent to the Balboa Peninsula, specifically between 15 and 18th Streets, city of Newport Beach, County of Orange. LAND USE OR PURPOSE: Removal of existing improvements including the mobile home park; construction of a new public marina and parking lot; construction, use, and maintenance of a sailing center, public access paths, and aquatic beachfront park; and the continued use and maintenance of an existing parking lot, American Legion facilities, and open space for water -related recreation; as described in the City's EIR' document SCH# 2008051096, certified on May 11, 2010. TERM: CONSIDERATION: 49 years; beginning September 1, 2011; ending August 31, 2060, or as of the effective date of the amended granting statute, whichever occurs first, or unless sooner terminated as provided under this Lease. The public use and benefit; subject to modification by Lessor as specified in Paragraph 2 of Section 4 - General Provisions. AUTHORIZED IMPROVEMENTS: EXISTING: Marina, parking lot, American Legion facility. TO BE CONSTRUCTED: Sailing center, marina, parking lot, public access paths, and aquatic beachfront park. CONSTRUCTION MUST BEGIN BY: See Paragraph 2 of Section 2 below. AND BE COMPLETED BY: See Paragraph 2 of Section 2 below. LIABILITY INSURANCE: N/A SURETY BOND OR OTHER SECURITY: N/A Newport Beach TS&E Final Agreement 53 SECTION 2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS: 1. It is understood that this Lease is being issued pursuant to a Compromise Title Settlement Exchange Agreement as authorized under Cal. Pub. Res. Code § 6307 between the Lessee and the Lessor and is a necessary and integral component of said Agreement. In the event that there are conflicts between this Lease and that Agreement, the terms of the Agreement shall prevail. 2. Lessee shall remove existing Mobile homes from Lease Premises within two years of obtaining a Coastal Development Permit and all other State and Federal permits necessary for the proposed Marina Park development. 3. Lessee shall not add or permit any additional improvements beyond the improvements described in the City's EIR document (SCH# 2008051096, certified on May 11, 2010) for the Marina Park development to be placed on the Lease Premises without prior written consent of the Commission. 4. Lessee shall deposit any revenue generated from the Lease Premises into the City's public trust fund to be expended for trust purposes pursuant to Cal. Pub. Res. Code § 6306 and the City's trust grant. Non -motorized public access to the park and bay shall be free from charge. 5. Lessor is not responsible for any damage to any property, including any vehicles, equipment, tools, or machinery within the Lease Premises. 6. All construction activities, including restoration and remediation, shall be carried out in accordance with applicable regulations, pernuts, and conditions of all other agencies, 7. Lessee acknowledges and agrees: a. The site may be subject to hazards from natural geophysical phenomena including, but not limited to, waves, storm waves, tsunamis, earthquakes, flooding, erosion, and sea level rise. b. To assume the risks of injury and damage to Lessee, its agents, employees, contractors pernittees, invitees and guests and the Leased Lands from such hazards in connection with the development and use of the Leased Lands subject to any Coastal Development Permit. c. To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury and/or damage from such hazards to Lessee, its agents, employees, contractors, permittees, invitees and guests. Newport Beach TS&E Final Agreement 54 d. To indemnity, hold harmless and, at theoption of Lessor, defend the State of Califomia, its agencies, officers, agents, and employees, against and for any and all liability, claims demands, damages, injuries, or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to the approval of any Coastal Development Permit involving the Leased Lands, except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. 8. The provisions of Section 4, Paragraphs 9 (Insurance) and 9 (Surety Bond) are not applicable. 9. Lessor and Lessee shall expeditiously pursue obtaining the legislation necessary for State to transfer to Lessee, in taut, and under substantially the same terms as the statutory trust grant, the property subject to this Lease, as provided for in the Compromise Tide Settlement and Land Exchange Agreement. 10. This Lease shall terminate if the Lease Premises are legislatively granted to Lessee. In the event of any conflict between the provisions of Section 2 and Section 4 of this Lease, the provisions of Section 2 shall prevail. Newport Beach TS&E Final Agreement 55 AD 596 SECTION 3 • LAND DESCRIPTION PUBLIC TRUST PARCEL A PARCEL OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON MAY 16, 1892, SITUATE IN THE CITY OF NEWPORT ' BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF 15Th STREET (1D0 FEET WIDE) AND THE UNITED STATES GOVERNMENT BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS SHOWN ON THE MAP ENTITLED 'HARBOR ONES — NEIAPORT BAY, NEWPORT BEACH, CALIFORNIA', DATED MARCH 20. 1936, FILE NUMBER 958, APPROVED BY THE U.S. SECRETARY OF WAR ON MAY2, 1936, A COPY OF WHICH IS ON FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING DIVISION, U.S. ARMY CORPS OF ENGINEERS, LOSANGELES DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 10'40'10' WEST 109.82 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER MAP FILED IN BOOK 13, PAGES 38 AND 37 OF .MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 79'20'30' WEST 146.30 FEET; THENCE SOUTH 10'39'30' WEST 140.00 FEET TO A LINE PARALLEL WTH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID PARALLEL LINE NORTH 79°21730' WEST 165.12 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT BEACH RESOLUTION Na 4532, RESOLUTION ORDERING VACATION, RECORDED AUGUST 20, 1956 IN BOOK 3818, PAGE 210 OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED SOUTH 10'39'12' WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY LINE SOUTH 7r2w30' EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10 SOUTH 1013912 WEST 99.79 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG SAID NORTHERLY RIGHT OF WAY UNE NORTH 79619'20' WEST 128.80 FEET TO THE CENTERLINE OF 16114 STREET (40 FEET WIDE, PORTION NOW ABANDONED); THENCE ALONG SAID CENTERLINE NORTH 10'3849' EAST 70.67 FEET; THENCE NORTH 799511' WEST 238.74 FEET; THENCE NORTH 10'44'49' EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 188.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 15 20'21' EAST; THENCE SOUTHWESTERLY 143.27 htt I ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'42'13' TO THE BEGINNING OF A COMPOUND CURVE. CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 3362112' WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12.0724' TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 45'29'16' WEST; THENCE SAUTHVVESTERLY 94,65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°38'2 4 TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 56'07'38' WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56 11110'47%THENCE ,SOUTH<10'41135' WEST 54.92:FEET TO THE NORTHERLY RIGHT OF WAY UNE OF BALBOA BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 7972158'. WEST 22576 FEET: 'THENCE NORTH 10137021 EAST 219.04 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 52.74 FEET, A RADIAL. BEARING TO SAID CURVE BEARS SOUTH 15122'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93,91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102'0122' TO A POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVINGA RADIUS OF 72,54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00'470211`.EAST; THENCE NORTHWESTERLY 42,48 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33"31153' TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY "HAVING C A�A EAST; OF 72.01 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS: NORTH 322'4452' EAST; THENCE SOUTHWESTERLY 543)1 FEET ALONG SAID CURVE THROUGH A CENTRAL .ANGLE OF 42158'25' TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING.A RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 1fl 13'33' EAST; THENCE SOUTHWESTERLY 38.37 FEET_ ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'03'381 TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF 181" STREET (40 FEET WIDE); THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY UNE NORTH 101'36'38" EAST 82,47 FEET TO SAID U.S.: BULKHEAD LINE; THENCE ALONG SAID BULKHEAD LINE SOUTH 797211" EAST 1280.68 FEET TO THE POINT OF BEGINNING. CONTAINING 6.958 ACRES, MORE OR: LESS. END OF DESC DATED THIS 14'"DAY OF NOVE518ERr2 2 57 SS Iso-leis (n4 etcroetzs ra itIISnt e Lms 'dote 4YN>ra/I tEN •ONI NLt3Aans 1 vcA9 13avdNnai iflend t 30 133HS O.OZ� ) :31V3S it-L 1-8 :3LVa S::0-1-es. ..:jn0+ n- 0+40 en 410,00 W O+v o7 try 4 tw.Ent N NMO mt7•Y'NN N o)Ni7.4NN4 -. rn Inc4t000D G O t!S V) Ov O t7.-, WNS7 NS-to(MN:. W 0P)4 Nv-01-, Li N N U))O t(UV)4 tt N Ot t)Nr Q` Nt)tf0ONN n tSPN oo(�tU 666•.0h t7N:o 4�D@CI ooNm r-vL.h t 04 'l110O+'0000 C1gto00t4 V) WWW4 4 Ot4 4 33W7W3r3 ♦_ •.• • • e• • • •• t • • a N��0,O00GmOtgoih.mmto ZC toAibi1p? oo•2ualin.Fcinv:.N WZZONZ.tOZti OOZZZZHZ N 0 GE ECTION 4 RAL PROVISIONS 1. GENERAL These provisions ere applicable to all teases, permits, rights - of -way, easements, or licenses or other interests In real property conveyed by the State Lands Commission. 2. CONSIDERATION (a) Categories (1) Rental Lessee shall pay the mutual rental as stated in this Lease to Lessor without deduction, delay, or offset, an or before the beginning date of this Lease end on or before each anniversary of its beginning date during each year of the Lease term. (2) Non -Monetary Consideration if the consideration to Lan for this Lease is the public use, benefit, health, or siibty. Lessor shall have the right to review such consideration at any time and seta monetary rental if the State lands Commission, at its sole discretion, determines that such action Is in the best Interest of the State. (b) Modification Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it rimy do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the effective date. (c) Penalty and interest Any installments of rental accruing under this J emcee not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. 3. BOUNDARIES This lease is not intended to establish the State's boundaries ash is merle without prejudice to either party regardhg any boundary claims which may be asserted presently or in the future. 4. LAND USE (a) Gear' Lessee shall use the 1 awe Premises only for the purpose or purposes stated le this Tisan and only for the operation and mainten Met of the improvements expressly authorized in this Lease. J Para» shall commence use of the Lase Premises within ninety (90) days of the beginning date of this 1 can or within ninety (90) days of the date set for construction to commence as set forth In this Lease, whichever is later. Lessee shall notify Lessor within ten (10) days alter commencing the construction of authorized improvements 59 end within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90) days shall be conclusively presumed to bean abandonment (b) Continuous Use Lessee's use of the Lase Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance J eararrr shall, at its own expense, keep and maintain the I es to Premises and all improvements in good order and repair and in safe condition Lessor shall have no obligation for such repair and maintenance. (d) Additions, Alterations, and Removal (1) Additions • No improvements other than those expressly authorized in this 1 ewe shall be constructed by the J roam on the Lease Premises without the prior written consent of Lessor. (2) Alteration or Removal - Except as provided under this Ieasr no alteration or removal of improvements on ornaturalfeatures of the Lease Premises shall be undertaken without the prior written consent of Lessor. (c) Conservation !Parsee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment Lessee shell not violent any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and 1 Primp shall respond and discontinue the conduct or remedy the condition within 30 days. (1) Toxic Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances, or nuderials as defined under federal, State, or local law, regulation, or ordinance that are manufactured, generated, used, Sarni disposed, stored, or transported on the Ina. Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, State, or local law, regulation or ordinance dealing with such wastes, substances, or materials Lessee shall notify Lessor and the appropriate governmental emergency response ageacy(ies) immediately in the event of any release or threatened release of any such waste%, substances, or materials (g) Enjoyment Subject to the provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use Page 2 and enjoyment of the Inge Premises as provided under this Lease. (h) • basis of race, or handicap. e of the Lease Premises shall not any person or class of persons on the or, creed, religion, national origin, sex, age, (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure which is used u a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins, or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or other. 5. RESERVATIONS, ENCUMBRMICES, AND RIG OF-W AY (a) Reservations (1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber and minerals as defined under Public Resources Code Sections 6401 and 6407, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resoursw; however, such leasing shall be neither Inconsistent nor incompatible with the rights or privileges of I Pan. under this Lease. (2) Lessor expressly reserves a right to go on the Lase Premises and all improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission. Lessor shall have a tight of reasonable accets to the Lease Premises across Lessee owned cr occupied lauds adjacent to the t Pan. Premises for any purpose associated with 8. this I else. (3) Lessor expressly reserves to the public an easement for convenient access acrou the Lease Premises to other State-owned lands located near or adjacent to the Lase Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right- of - way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this I Pate, (4) Lessor expressly reserves the right to lease, convey, or encumber the imt, Premises, In whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose. 6. RULES, REGULATIONS, AND TAXES (a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any other governmental agency or sanity having lawful authority and jurisdiction. (b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory Interest taxes, assessments, user feu or service charges imposed on or associated with the leasehold interest, improvements or the Lease Premises, and such payment shall not reduce renal due Lessor under this Lease and Lessor shall have no liability for such payment. 7. INDEMNIFY (a) Lessor shall not be Liable and Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, Its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the issuance, enjoyment or breach of this I Pane or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its offices, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises. INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability Insurance and . property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified, insuring maser and Lessor against any and all claims or liability arising out of the ownership, use, occupancy. condition, or maintenance of the I nse Premises and all improvements. (b) The Insurance policy or policies shall name the State of California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lean by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. The policy (or endonettent) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any premiums or other assessments on the Form 51.15 (Rev. 6/06) Page 3 policy. The coverage provided by the insured (Lessee) shall be primary and non-contributing. (c) The insurance coverage specified in this Lease shall be in effect at all time during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by 1 Paver, or restored by Lessee as provided elsewhere in this 1 tact 9. SURETY BOND (a) Lessee shall provide a surety bond or other security device acceptable to Lessor, for the epecifiul amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this J ease. (b) Lessor may require an increase in the amount of the su¢ty bond or other security device to cover any additionally authorized improvements, alterations or purposes and any modification of consideration. {6) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 10. ASSIGNMENT, EIVCUMBRANCING OR SUBLETTING (a) I "' W ee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (b) The following shall be deemed to be an assignment or transfer within the meaning of this J Poses (1) If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization' of Lessee or sale or other transfer of a percentage of apical stock of Lessee which results in a change of controlling persons, or the sale or other transfer of substantially all the assets of IPew (2) If Lessee Is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partneship, or the dissolution of the partnership.. (c) If this Inge is for sovereign lands, it shall be appurtenant to adjoining littoral or riparian land and Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from the leasehold rights granted herein without the prior written consent of Lessor. 61 (d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following: (I) Give prior written notice to Lessor, (2) Provide the name and complete business organization and operational structure of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lure Premises proposed by the assignee, sublessee, secured third party or other transferee. If the proposed assignee, sublessee, or secured third party is a general or limited partnership, or a joint venture, provide a copy of the partnership agreement or Joint venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer, (4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected Income, expense and financlal condition resulting from use of the I ars Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee. Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skllLs, their proposed use and projected rental, as well as other relevant tutors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other Information required under this provision to grant or deny its approval of the proposed party. (f) Lessees mortgage or hypothecation of this Lase, if approved by Lessor, shall be subject in terms and conditions found in a separately drafted standard forn (Agreement and Consent to Encumbrancing of Lease) available from Lessor upon request. (g) Upon the express written assumption of alt obligations and duties under this 1 ease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with IPaste's use, possession or occupation of Form 51.15 (Rev. 6/06) Page 4 or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the 1 the Premises. (h). If the Juan files a petition or an order for relief is entered against Lessee, under Chapters 7,9,11 or 13 of the Bankruptcy Code (11 USC Sect 101, et seq.) then the trustee or debtor -in -possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor -in - possession has cured all defaults under this Lease (monetary and non -monetary) or has provided Lessor with adequate assurances (1) that within ten (10) dap from the date of such assumption or assignment, all monetary defaults under this inn, will be cured; and (2) that within thirty (30) days from the date of such assumption, all non -monetary defaults under this Lease will be Hoed; and (3) that all provisions of this I ease will be satisfactorily performed in the future. II. DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without fitrther notice constitute a default or breach of the Lease by Legc'e: (I) Lessee's failure to make any payment of rental, royalty, or other consideration as required under this Lease; (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; (3) Lessee's vacation or abandonment of the Lease Premises (including the covenant for continuous use as provided for in paragraph 4) during the Irate term; (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; (5) Lessee's failure to comply with all applicable provisions of federal, state or local law, regulation or ordinance dealing with hazardous waste, substances or materials as defined under such lave, (6) Lessee's Failure to commence to constnrct and to complete construction of the improvements authorized by this Lease within the time limits specified in this Lease; and/or 62 (7) Lessee's failure to comply with applicable provisions of federal, State or local Taws or ordinances relating to issues of Health and Safety, or whose purpose is to conserve resources or to protect the environment (b) Lessee's allure to observe or perform any other term, covenant, or condition of this Jrac. to be observed or performed by the Lessee when such failure shall continue for a period of thirty (30) days ater Lessor's giving written notice; however, if the nature of Lessee's default or breach under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice do any one or more of the following: (1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Temdnate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessors giving written notice and upon receipt of such notice, Lessee shall Immediately surrender possession of the Lease Premises to Lesson (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as It becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 12. RESTORATION OF LEASE PREMISES (a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title to any or all Improvements, including fills, or Lessor may require Lessee to remove all or any such improvements at its sole expense and risk or Lessor may itself remove or have removed all or any portion of such improvements at Lessee's sole expense. Lessee shall deliver to 1 nsar such documentation as may be necessary to convey title to such improvements to Lessor free and dear of any liens, mortgages, loans or any other encumbrances. (b) In removing any such improvements Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to their installation or construction. Form 51.15 (Rev. 6/06) Page 5 (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed within ninety (90) days after the expiration or sooner termination of this Lease or after compliance with paragraph 12(d), whichever is the lesser. (d) In removing any or all the improvements Lessee shall be required to obtain any permits or other governmental approvals as may then be required by lawful authority. (e) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor in independent environmental site assessment or inspection for the presence or suspected presence of hazardous wastes, substances or materials as Refined under federal, State or local law, regulation or ordinance manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the tern of the Lease. Lessee shall provide the results of the assessment or inspxtion to Lessor and the appropriate governmental response agency(ies) and shall further be responsible for removing or taking other appropriate remedial action regarding such wastes, substances or materials in accordance with applicable federal, state or local law regulation or ordinance. 13. QUITCLAIM Lessee shall, within ninety (90) days of the expiration or sooner termination of this Lease, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this I ease. Should Lessee fall or refuse to deliver such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. HOLDING -OVER Any holding -over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). 15. ADDITIONAL PROVISIONS (a) Waiver (1) No term, covenant, or condition of this Lase and no default or breach of any such term, covenant or condition shall be deemed to have been waived, by Lessors acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. (2) My such waiver shall not be deemed to be • waiver of any other term, covenant or condition of any other default or breach of any term, covenant or condition of this Lease. 63 (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the I.nsee at the address specified in this mPaw. Lessee shall give Lessor notice of any change in its name or address. (d) Consent Where Lessors consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occmrcnce of the same or any other transaction or event. (e) Charges This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties. (g) Joint and Several Obligation If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several. (h) Captions The captions of this Lease are not controlling and shall have no effect upon its construction or interpretation. (i) Severability If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction te be invalid, it shall be considered deleted and shall not invalidate any of the remaining terns, covenants and conditions. Fonn 51,15 (Rev, 6/06) Page 6 STATE OF CALIFORNIA - STATE LANDS COMMISSION LEASE NO. This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed. LESSEES; LESSOR: STATE OF CALIFORNIA STATE LANDS COMMISSION Title: Date: This Lease was authorized by the California State Lands Commission on (Month Day Year) Form 51.15 (Rev, 6/06) FORM OF CE RECORDED AT T E REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 EXHIBIT K TIFICATE OF ACCEPTANCE SPACE ABOVE TMSLJNE FOR RECORDER'S USE A.P.N. n/a S.L.C. AD 596/G09-02.10 CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING Government Code Section 27281 This is to certify that the STATE OF CALIFORNIA, acting by and through the CALIFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby accepts from the CITY OF NEWPORT BEACH, a trustee pursuant to inter alter, Chapter 74 of the Statutes of 1978, as amended, in the STATE OF CALIFORNIA, the attached Quitclaim Deed dated , 2011, of all of the CITY OF NEWPORT BEACH's right, title and interest, as trustee, in real property described therein Trust Termination Parcel. The STATE OF CALIFORNIA, acting by and through the CALIFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby consents to the recordation of this conveyance in the Office of the Recorder for the County of Orange. [Remainder of page intentionally left blank] Newport Beach TS&E Final Agreement 65 This acceptance and consort to recording is executed by and on behalf of the STATE OF CALIFORNIA by the CALB'ORNIA STATE LANDS COMMISSION, acting pursuant to law, as approved by Minute Item No. C73 of its public meeting in Sacramento, California on September 1, 2011 by its duly authorized undersigned officer. STATE OF CALIFORNIA CALIFORNIA STATE LANDS COMMISSION Dated: By: CURTIS L. FOSSUM Executive Officer DEED AND ACKNOWLEDGMENT OF SIGNATURE TO BE ATTACHED Newport Beach TS&E Final Agreement 66 EXHIBIT L FORM OF CERTIFICATE OF ACCEPTANCE RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA State Lands Commission 100 Howe Avenue, Suite 100-South Sacramento, CA 95825-8202 Attn: Kathryn Colson, Legal Division STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 SPACE AB NEFOR RECORDERS USE A.P.N. n/a S.L.C. AD 596/ G09-02,10 CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING Government Code Section 27281 This is to certify that the STATE OF CALIFORNIA, acting by and through the CALEFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby accepts from the CITY OF NEWPORT BEACH, a municipality in the STATE OF CALIFORNIA, the attached Quitclaim Deed dated , 2011, of all of the CITY OF NEWPORT BEACH's right, title and interest in real property described therein Public Trust Parcel. The STATE OF CALIFORNIA, acting by and through the CALIFORNIA STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby consents to the recordation of this conveyance in the Office of the Recorder for the County of Orange. The said interests in real property are accepted by the STATE OF CALIFORNIA, in its sovereign capacity in trust for the people of the state, as real property of the legal character of tidelands and submerged lands. [Remainda of page intentionally left blank] Newport Beach TS&E Final Agreement 67 This acceptance and consent to recording is executed by and on behalf of the STATE OF CALIFORNIA by the CALIFORNIA STATE LANDS COMMISSION, -acting pursuant to law, as approved by Minute Item No. C73 of its public meeting in Sacramento, California on September 1, 2011 by its duly authorized undersigned officer. STATE OF CALIFORNIA CALIFORNIA STATE LANDS COMMISSION Dated: By: CURTIS L. FOSSUM Executive Officer . DEED AND ACKNOWLEDGMENT OF SIGNATURE TO BE ATTACHED Newport Beach TS&E Final Agreement 68