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HomeMy WebLinkAboutUpper Newport BayUPPER NEWPORT BAY SETTLEMENT AGREEMENT FOR TRANSFER OF CERTAIN REAL PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH, JOINTLY, AND THE STATE OF CALIFORNIA BY THE IRVINE COMPANY AND FOR THE SETTLEMENT OF PENDING LITIGATION .�,A f r 3sr Recording Requested by and When Recorded Mail. to: First American Title Company 421 North Main Santa Ana, California �#icaii EXEMPT C10 Lk,• l/ X6 CONFORMED COPY Not Compared with Original (State of California Official Business: Document Entitled to Free Recordation Pursuant to Government Code Section 6103). UPPER NEWPORT BAY SETTLEMENT AGREEMENT FOR TRANSFER OF CERTAIN REAL PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH, JOINTLY, AND THE STATE OF CALIFORNIA BY THE IRVINE COMPANY AND FOR THE SETTLEMENT OF PENDING LITIGATION. RECORDED AT REQUEST OF FIRST AMM TRIP INS. CO. IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIF. 8:00 AM APR 14 1975 L NYLIE CARLYLE, Cc" RSaA THIS AGREEMENT, made and entered into as of the 11th day of April, 1975, by and between the CITY OF NEWPORT BEACH, a • municipal corporation (hereinafter referred to as "the City'); COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "the County "); THE IRVINE COMPANY, a West Virginia corporation (hereinafter referred to as "Irvine "); STATE OF CALIFORNIA, acting by and through the Depart- ment of Fish and Game (hereinafter sometimes interchangeably referred to as "the State" or "the Department "); and FIRST AMERICAN TITLE COMPANY, a California corporation (hereinafter referred to as "the Escrow Agent "): W I T N E S S E T H: WHEREAS, Upper Newport Bay is one of the last remaining relatively natural estuaries in Southern California which, provides • habitat for a large number of wildlife and marine species, including at least five rare and endangered species, and which is in a relatively undisturbed condition but surrounded by an urban .community comprised of about ten million people who live within a radius of eighty miles; WHEREAS, it is the purpose of this Agreement to preserve for the general public and promote as a permanent wetland habitat the portions of Upper Newport Bay and adjacent lands which are .still in a relatively unimproved state and to settle more than ten years of controversy concerning the future use of said area; WHEREAS, the portions of Upper Newport Bay and adjacent lands which are affected by this Agreement are those lands which are described in Exhibits 1 through 8 and generally depicted on Exhibit 9 (all of which exhibits are attached hereto and incorpo- rated herein by reference); WHEREAS, Irvine asserts that it is vested with title to all that certain real property which is located within the perimeter description set forth in Exhibit 1 to the extent said certain real property is within the boundaries of the lands described . in the following patents to Irvine's predecessors in interest: (a) United States patent of Rancho San Joaquin recorded • in Book 1 at Page 140 et seq., of Patents in the Office of the County Recorder of Los. Angeles County; (b) United States patent of Rancho Santiago de Santa Ana recorded in Book 3 at Page 387 et seq., of Patents in the Office of the County Recorder of Los Angeles County; (c) State. of California patent issued as a result of Tide Land Location No. .204 recorded in Book 1 at Page 245 et seq., of Patents in the Office of the County Recorder of Orange County;. (d) State of California. patent issued as a result of Swamp and Overflowed Location No. 3091 recorded in Book.. 1 at Page 137 et seq., of Patents in the Office of the County • Recorder of Orange County (and United States patent. to State of California recorded in Book 1 at Page 291 et seq., of Patents in the Office of the County Recorder of Orange County); WHEREAS, the State,. in 1919, conveyed to the County, in 'trust, all of the State's remaining . right, title and interest in sovereign tide and submerged lands. within Newport Bay located outside of the then existing corporate limits of the City by 5 Chapter 526, Statutes of 1919, and portions of the lands so conveye& by said legislative trust grant to the County are situated within the perimeter description set forth in said Exhibit 1; WHEREAS, the County, in 1926, brought an action against Irvine (Orange County Superior Court Civil No. 20436) seeking to quiet the County's title to the lands it received by virtue of the 1919 trust grant from the State and as a result thereof a judgment (recorded in Book 19 of Judgments at page 309) was obtained describing the lands and interests so conveyed to the County and the lands and interests owned by Irvine at that time, 9 to wit: • (a) The County was found to be the owner in trust of all lands lying bayward of the described ordinary high tide line around the perimeter of Upper Newport Bay, excepting therefrom the islands in said bay and those tidelands which were included within Tide Land Location No. 204; and as to said tidelands within Location No. 204 the County was found to be the owner of the public easement and rights of fishery and navigation over said tidelands by virtue of said State trust grant; and (b) Irvine was found to be the fee owner of the .land upland from the aforementioned ordinary high tide line, the owner of the underlying fee to the tidelands within said • Location No. 204 subject to the above easement and.rights of the County and the owner of an island situated in said Upper Newport Bay known today as "Upper Island" [at the time of said decree, Irvine had not succeeded to any private title rights which may exist as to the additional islands within said bay]; WHEREAS, the State Legislature, in 1957, enacted Chapter 2044, Statutes of 1957, . which authorized the County, in 9 appropriate circumstances., to exchange certain of said sovereign trust lands for lands of the owners of contiguous uplands in the course of developing Upper Newport Bay as a harbor;. WHEREAS, following enactment of said Chapter 2044, the County, Orange County Harbor District and Irvine entered into an agreement on January 13, 1965, to exchange certain properties in Upper Newport Bay, which agreement became the focus of serious public controversy over the uses to which Upper Newport Bay should be put, the type of development, if any, should take place in said bay, the extent and nature of public and private title to lands located within and adjacent to said bay and the proper amount of real property taxes which should be paid by • Irvine in connection with lands in said upper bay area as to which it asserts ownership; WHEREAS, during the period since 1965, the following events have occurred in connection with said controversy: (a) In 1967, the California State Lands Commission, acting pursuant to the provisions of said Chapter 2044, approved the County -Irvine exchange agreement; (b) In 1968, Irvine, pursuant to the provisions . of the exchange agreement and a November 12, 1968 amendment thereto, .conveyed certain lands in Upper Newport Bay to the County (the conveyances of Irvine are recorded in Book 8885 at Pages 409 et seq. and in Book 8886 at Pages 947 et seq., of • Official Records in the Office of the County Recorder of Orange County); and, by ordinance of the County Board of Supervisors, harbor lines in conformity with said agreement were established; (c) In 1969, an action was commenced to obtain judicial confirmation of the constitutionality of the exchange (County of Orange. v. Heim, Orange County Superior Court Civil No. M- 1105), and citizens who opposed the exchange 4 intervened. The trial court, in 1970, found the exchange to be lawful and this decision was appealed; (d) In January 1971, the County adopted Resolution No. 71 -28 which :recited County's intent to rescind the- County- I Irvine exchange agreement. The County delivered a notice of ! termination of the exchange agreement to Irvine and tendered i deeds to Irvine reconveying the property which Irvine had previously conveyed. (The County reconveyances are recorded ! in Book 9525, at Pages 832 et seq. and Pages 835 et seq., of Official Records in the Office of the Orange County Recorder.,. and Irvine's refusals to accept the reconveyances are recorded in Book 9536, at Pages 156 et seq. and Pages 158 • et seq., of Official Records in said office.) Irvine filed �t a complaint for damages and a declaration that the County 1 could not cancel the exchange agreement, and the County cross- complained for a declaration that it had lawfully rescinded the exchange agreement.. That action is entitled "The Irvine Company v. County of Orange., et al.," Orange County Superior Court No. 182788, and will hereinafter be referred to as the "Declaratory Relief Action "; (e) In .March 1971, the County Board of Supervisors adopted Resolution No:. 71 -326 requesting the United States Secretary of Interior to review and report on the preser- vation values of Upper Newport Bay. Pursuant to this request, a federal -state -local agencies task force was created which was known as the Upper Newport Bay Field Committee; (f) In May 1972, the County Board of Supervisors directed that a lawsuit be initiated alleging that certain Irvine properties in Upper Newport Bay were subject to prescriptive rights. That action was based in part upon a County report dated April, .1972, entitled "Upper Newport 'Bay 5 Study of Public Rights and Access,." which report was pre- pared pursuant to a County Board of Supervisors minute order of June 1, 1971. Irvine began paying its taxes on such properties under protest and cross - complained for a refund of such taxes and for inverse condemnation. That .action is entitled "County of Orange v. The Irvine Company, et al.," Orange County Superior Court No. 194245, and will herein- after be referred to as the "Prescriptive Rights Case "; (g) In February 1973, the California Court of Appeals set aside the trial court decision in County of Orange v. Heim,. 30 Cal.App.3d 694 (1973) thereby refusing to approve the County- Irvine exchange. • (h) In April 1973, Irvine announced that, . after consultations with federal., . state and local agencies, it had decided not to appeal the Heim case to the California Supreme Court. Instead, Irvine proposed a new approach involving mutual and concerted efforts by public agencies and Irvine to achieve public ownership of Irvine's interests in Upper Newport Hay and to find mutually acceptable ways of terminating existing lawsuits; (i) In October 1973, the California Department of Fish and Game, through the State Resources Agency, proposed to the United States Secretary of Interior, the County and the City that the Department, with the approval of othergovern- Cmental agencies, assume the leadership in the acquisition, rehabilitation, protection . and management of Upper Newport Bay as a valuable natural. resource. Secretary Morton of the United States Department of Interior and the City approved the proposal by letters.. The County adopted Resolution. NO. 73 -1314 giving similar assent to the Department being . . . the lead agency relative to the rejuvenation and preservation of the Bay . . ." and agreeing "that the Bay is 6' of State and National significance and that acquisition of the necessary property rights for implementing the Bay plan rests with the State Department of Fish and Game and agrees that negotiations shall be between the governmental agency acquiring rights in the Bay and the property owner. , (j) In October 1973, by Resolution 73 -1263, the County Board of Supervisors authorized the employment of C. E. Parker to conduct a historical legal investigation regarding the status of title to three islands in Upper Newport Bay and the employment of Woodward- McNeill and Associates to make certain geological studies regarding said islands. • Reports have been issued by said consultants raising a number of questions, but to date no definitive conclusions have been reached. (k) Following conveyance by Irvine to County of Irvine's property, the county assessor, for tax years 1969- 70 through 1972 -73, commingled into fifteen assessor's parcels. approximately 376 acres of property owned by County, 432.5 acres of property conveyed by Irvine to County and 84.5 acres of Irvine property not conveyed to County. The commingled assessor's parcels were assessed to "Irvine, et al." On October 25, 1973, Irvine filed an action for a declaration that taxes upon, and sales to the State of, such assessor's parcels were null and void and for an injunction • restraining the tax collector from executing tax deeds conveying Irvine's properties to the State for such taxes. That action is entitled "The Irvine Company v. Robert L. Citron, et al.," Orange County Superior Court No. 207859, and will hereinafter be referred to as the "Tax Case." (1) For tax years 1973 -74 and 1974 -75, the assessor reparceled the Irvine and County properties referred to in the preceding :paragraph with certain other Irvine property 7 into new assessor's parcels with the result that 1.44.86 additional acres of Irvine land which has not been conveyed to County became commingled in assessor's parcels with property which had been conveyed to County by Irvine. (m) Irvine appealed the valuation placed on certain of its properties in the vicinity of Upper Newport Bay by the assessor for the tax years 1973 -74 and 1974 -75. Those appeals are still pending and no hearing has taken place before the Assessment Appeals Board; (n) In February 1974, the Upper Newport Bay Field Committee completed and distributed a report entitled "An Integrated Plan to Protect Upper Newport Bay," Committee • Draft No. 1 dated December 28, 1973, which summarized the importance of preserving Upper Newport Bay as a natural wildlife habitat with compatible public recreation; (o) In February -March 1974, . the State and Irvine executed a Memorandum of Understanding to adopt a procedure for seeking to obtain complete public ownership of those portions of Upper Newport Bay which have coastal wetland habitat value. A copy of said Memorandum is attached hereto as Exhibit 10 and incorporated herein by reference. Pur- suant to that Memorandum, negotiations proceeded for the public acquisition of private title interests within Upper Newport Bay; • (p) In March 1974, the California Attorney General supplied the Department with an opinion that lands acquired by the State from Irvine under certain criteria are immedi- ately removable from the tax rolls. A copy of said opinion is attached hereto as Exhibit 11; _ (q) In June 1974, the Secretary of Interior approved the Upper. Newport Bay Field Committee final report entitled "An Integrated Plan to Protect Upper Newport Bay" dated May 3, 1974; 8 (r) In November 1974, the State Lands Commission and office of the Attorney General began a further intensive review of the titles to the three islands located in Upper Newport Bay based upon all known documents. Based upon that review, it appears that a principal assumption upon which the settlement negotiations resulting in this Agreement was premised is correct - that is, that lengthy and costly litigation would be required to lay to rest all questions which have been raised with regard to said title and such requirement has been reflected in the price set forth in paragraph 2.2 of this Agreement insofar as the State and • Irvine are concernedr (s) In November 1974, the Department reached a pro- posed settlement with Irvine for the public acquisition of all of Irvine's title interests in certain Upper Newport Bay properties defined herein as the "Take Area". A letter setting forth the general provisions of the proposal was sent to the City and a copy thereof delivered to the County. Included in the proposal was a proviso for the concurrent settlement of existing litigation between the County and Irvine. Meetings were held between State, County and City officials and Irvine as a result of which general agreement on a settlement of all pending matters was reached. The • Board of Directors of Irvine authorized the settlement on November 12, 1974. The County Board of Supervisors by resolution adopted on November 19, 1974, authorized the settlement of all pending litigation with Irvine, endorsed the settlement between the State and Irvine (although noting that it had not participated in the negotiations relating to value), and authorized all necessary actions to complete the settlement; (t) On December 6,. 1974, the California Fish and Game Commission approved the settlement and authorized the Department to proceed with the implementation thereof; 9 (u) On December 23, 1974, the Newport .Beach City Council adopted Resolution No.. 8415 authorizing the accep- tance of title to those parcels and easements to be conveyed to the City pursuant to this Agreement; (v) Irvine and County reached an agreement pursuant to which Irvine will pay approximately $1,.650,000 of taxes. (subject to certain adjustments) in settlement of the various tax disputes referred to herein. However, it has been alleged that Irvine may not own the three islands in Upper Newport Bay or that Irvine may own those islands but as tidelands subject to an easement in favor of the public for fisheries, navigation and commerce. Irvine is unwilling •. to pay tax year 1969 -70 through 1974 -75 taxes upon the islands as a part of a settlement of the various lawsuits unless provision is made for a refund of such taxes: in the event that it is subsequently adjudicated in a lawsuit commenced by any person or entity before the earlier of (a) payment of the Take Area purchase price by the State to Irvine, or (b) four years of the date of conveyance of the Take Area to the State by Irvine, that Irvine never owned the islands, or that Irvine owned the islands subject to a public easement for fisheries, navigation and commerce, or that the islands are not swamp and overflow lands but submerged lands or tidelands; isWHEREAS, compromise agreements set forth herein between the State, County, City and Irvine have been reached which will provide for immediate public acquisition of those portions of Upper Newport Bay and adjacent lands appropriate for a wetland habitat . and compatible public uses with public access to portions of said area; will allow the State up to five years to pay for the private title interests so acquired:; and will terminate all pending litigation relating to Upper Newport Bay; 10 WHEREAS, the State, as a result of this transaction, will receive a policy of title insurance which, if it is sub - sequently determined that the aforementioned islands are tide- lands or submerged lands, will provide for reimbursement to the i iState of public moneys expended pursuant to this Agreement; NOW, THEREFORE, for and in consideration of the fore- going and the mutual covenants and agreements herein contained or provided for, and other consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:: , Article 1 DEFINITIONS • 1.1 "Take Area" means the property to be conveyed by Irvine to State pursuant to Paragraph 2.1 and by means of the deeds, forms of which are attached as Exhibits 1 and 2. 1.2 "Close of Escrow" means the date set by the Escrow Agent pursuant to and in accordance with Article 6. Article 2 ECOLOGICAL RESERVE 2.1 Irvine Conveyance to State of the Take Area. (a) Within fifteen days of the effective date of this Agreement, Irvine shall deposit into the escrow provided for in Paragraph 6..1 a fully executed conveyance to the State of form as said..exhibit. (b) Concurrently with the deposit of the conveyance referred to in Paragraph 2.1(a), Irvine shall also deposit into escrow a fully executed conveyance to the State of the underlying fee title to that area generally known as Back Bay Drive together with a relinquishment of any access to 11 all of those title interests of Irvine specified in Exhibit 1, attached hereto and incorporated herein by reference, to • the real property described in said exhibit. The Irvine conveyance to the State shall be in substantially the same form as said..exhibit. (b) Concurrently with the deposit of the conveyance referred to in Paragraph 2.1(a), Irvine shall also deposit into escrow a fully executed conveyance to the State of the underlying fee title to that area generally known as Back Bay Drive together with a relinquishment of any access to 11 said road from abutting land located landward of said road and northerly of Big Canyon* The conveyance and legal description of the property shall be in substantially the form as Exhibit 2 which is attached hereto and incorporated herein by reference. 2.2 Payment of Money by State to Irvine. Within five pears of the date of the close of escrow, the State of California shall pay to Irvine from any funds which may be appropriated by the Legislature the total amount of $3,481,000 for the Take Area. State from obtaining and applying funds from any source toward the payment of said total amount. Any funds so obtained and applied shall reduce the amount to be paid from appropriations. In the event the total amount is not paid within said five year period, any funds so applied to said amount shall be refunded by Irvine to the source of said funds as a condition precedent of *Access is also relinquished southerly of San Joaquin Road. 12. Partial payments of said amount may be appropriated and paid by the State to Irvine during said five year period, provided that., if the entire aforementioned total amount is not appropriated and • paid within said five year period, Irvine shall return any and all of such partial payments as a condition precedent of Irvine's seeking to enforce the provisions of this Agreement regarding the failure of the State to pay said total amount. Irvine shall not be entitled to the payment from the State of any interest, fee or other charge., regarding said total amount. In the event any partial payments of said amount are returned to the State by Irvine in accordance with the provisions of this paragraph, the State shall not be entitled to the payment from Irvine of any interest, fee or other charge regarding the funds received by Irvine as such partial payments. Failure of the Legislature to appropriate said total amount or any portion thereof shall not • constitute a breach of this Agreement nor subject the State to any liability whatsoever. Nothing herein shall preclude the State from obtaining and applying funds from any source toward the payment of said total amount. Any funds so obtained and applied shall reduce the amount to be paid from appropriations. In the event the total amount is not paid within said five year period, any funds so applied to said amount shall be refunded by Irvine to the source of said funds as a condition precedent of *Access is also relinquished southerly of San Joaquin Road. 12. Irvine's seeking to enforce the provisions of this Agreement regarding the failure of the State to pay said total amount. Any payment of the Take Area purchase price shall be made in two or more installments, the first two of which shall not occur during the same twelve month period commencing May 1st and ending April 30th. Notwithstanding the foregoing, if an installment of less than the entire amount is made prior to the April 30th following the close of escrow, such installment shall be less than twenty -nine percent (29%) of the entire Take Area purchase price. In the event the first payment is made in the fifth year following the close of escrow the second payment shall be made no earlier than the following May 1st, even though such day may be • in the sixth year following the close of escrow. 2.3 Parties' Efforts to Obtain Appropriation at Earliest Possible Time. The parties hereto agree to use their best efforts to obtain, at the earliest date possible, the necessary appropriations for the payment of the total amount specified in Paragraph 2.2 and also will seek any funds which may be available from any other source (such as federal matching funds) to augment such appropriations for that purpose. 2.4 Reconveyance of Property in Event of Nonpayment. If the State does not pay the total amount set forth in Paragraph 2.2 within the time specified therein, Irvine shall have the right to demand and receive a reconveyance from the State of all • the title interests which Irvine conveyed to the State pursuant to the provisions of Paragraph 2.1. Upon the expiration of said period of time and failure of full payment, Irvine shall deliver a written demand to the State requiring full payment of said amount or such a reconveyance from the State within the ninety days of the giving of such notice. Failure of the State to so respond to such demand within the ninety day period shill entitle Irvine to initiate an action in a court of proper juris- diction to compel delivery of such a reconveyance from the State. 13 2.5 Irvine's Lack of Right to Use the Take Area Prior to Full Payment by_State. During the period of time between the close of escrow and full payment of the amount set forth in Paragraph 2.2 within the time specified in said paragraph, Irvine shall have no right of entry or right to use the Take Area beyond those rights normally afforded the general public upon said lands. 2.6 State's Use of Take Area Prior to Full by State. The State shall have the full right of occupancy and use of the Take Area during the period of time between the close of escrow and full payment of the amount set forth in Paragraph 2.2 within the time specified in said paragraph. The State • covenants that during said period the State will not change the character of any portion of the Take Area in such a way as to diminish the value of the property for private use; provided, however, that the State may remove any silt deposits necessary to restore the Take Area to the tidal flow condition which existed in 1912 as indicated on that certain map of Newport Bay, California prepared by the United States Engineers Office, Los Angeles, California, and approved October 11, 1912. Irvine's sole legal remedy to enforce the foregoing covenant shall be an action for legal or equitable relief to prevent the State from taking such action which would so change the character of said property. 2.7 Take Area to be Tax Exempt. It is the intent of all parties that upon the close of escrow the property interests of Irvine in the Take Area conveyed to the State -shall become exempt from taxation, such property interests shall be removed from the tax rolls of Orange County, and Irvine shall not be taxed upon such conveyed interests. 2.8 Extent of County Participation. The County, by resolution adopted November 19, 1974, concurs that this trans- action between the State and Irvine is in the public interest. 14 The County also acknowledges that the Department, as the lead agency, has the responsibility of obtaining necessary property rights to implement the plans for an ecological reserve in Upper Newport Bay. Although fully cooperating and participating in other aspects of the settlement set forth in this Agreement, it is acknowledged that the County has not participated in negotia- tions relating to the consideration to be paid by the State for the Take Area and takes no responsibility for the amount of said consideration. 2.9 Assignment of State's Interest to County in Event State Determines It Will Not Make Full Payment Pursuant to Paragraph 2.2. In the event the State determines that it will • not make full payment to Irvine pursuant to Paragraph 2.2 hereof, the State may with County's consent assign all of its rights pursuant to Article 2 hereof to the County subject to such terms and conditions as are mutually agreed upon by the State and County. Article 3 PRESCRIPTIVE RIGHTS CASE SETTLEMENT 3.1 County -Irvine Litigation. As noted in the reci- tals to this Agreement, the County filed an action against Irvine alleging that certain portions of Upper Newport Bay and adjacent lands as to which Irvine asserts title are encumbered by pre- scriptive public rights. The action is entitled, "County of Orange v. The Irvine Company," Orange County Superior Court Civil • No. 194245. Irvine has denied the County's allegations. Settle- ment of this action is a condition precedent for the close of escrow. The offices of the Attorney General and County Counsel have independently conducted an extensive review of the facts giving rise to the litigation. Based upon this review, it has been concluded that the evidence presently available is insuffi- cient to establish a finding of prescriptive rights with regard to the following portions of the Upper Newport Bay area: (a) the f 15 area formerly occupied by a salt works; and (b) the islands within Upper Newport Bay to the extent they are swamp and over- flowed lands. With regard to the lands located within Tide Land Location No. 204, the public use thereof . has been pursuant to the State's retained easement of commerce, navigation and fisheries, and consequently no prescriptive rights have arisen. As to the remaining areas within the Take Area., the effect of any possible prescriptive rights have been reflected in the total amount of money to be paid by the State. Finally, as to the areas affected by the Prescriptive Rights Case located outside the Take Area, . a settlement has been reached pursuant to which Irvine will convey certain properties and easements to the County and City or State. • The Prescriptive Rights Case will be dismissed pursuant to stipulation, a form of which is attached as Exhibit :12. 3.2 Irvine Conveyances to State. As a part of the settlement of the Prescriptive. Rights Case, within fifteen days of the effective date of this Agreement, Irvine shall deposit into escrow fully executed conveyances . to the State of the lands and easements set forth in Exhibits 3, 4 and S. The Irvine. con- veyances to the State shall be in substantially the same form as said exhibits. 3.3 Irvine. Conveyances to County and City. As a part of the settlement of the Prescriptive Rights Case, within fifteen days of the effective date of this Agreement, Irvine shall . deposit into .escrow fully executed conveyances conveying to the County and City jointly the lands and easements set forth in Exhibits 6, 7 and 8. The Irvine conveyances shall be in sub - stantially the same form as said exhibits. 3.4 Extension of Easements. Irvine agrees that if Irvine reacquires title to the Take Area,. Irvine will extend the relocatable pedestrian easements .described in Exhibits 5 and 7 to the line of mean high tide adjudicated by the Orange County 16 Superior Court in 1926. An extension of an easement shall be relocatable in the same manner as set forth in the deed granting the easement. 3.5 Dismissal of Prescriptive Rights Case. Irvine, City, County, and State, acting through their respective counsel, shall execute a Stipulation in the form attached as Exhibit 12 dismissing the Prescriptive Rights Case. The Stipulation shall be deposited in escrow and shall be filed by the Escrow Agent with the clerk of the Orange County Superior Court when the Escrow Agent is in a position to close escrow but one day before the close of such escrow.. The parties do not intend that the execution and filing of said Stipulation shall have any effect. on • the public's rights in the tidelands owned by Irvine pursuant. to Tidelands Patent No. 204. 3.6 Clarification of County Resolution. County Board of Supervisors Resolution No. 74 -1667, which approved the settle- ment of Upper Newport Bay problems along the general lines set forth in this Agreement, contains a statement that "the County reserves the right to renew any and all assertions with regard to title and value concerning the lands described in the deed from The Irvine Company to the State." County hereby affirms that it intended by that statement only to reserve the right to later assert that the three islands in Upper Newport Bay are either submerged lands or tidelands. Any and all County claims to • prescriptive rights over any of Irvine's property in or adjacent to Upper Newport Bay are finally settled pursuant to the provi- sions of this Article 3. Article 4 COUNTY TRUST GRANT' 4.1 State Trust Grant to County. As noted in the preceding recitals, the .State granted to the County, in trust, by Chapter 526, Statutes of 1919, all of the State's remaining title to sovereign tide and submerged lands in Upper Newport Bay. The 17 County's uses of said trust lands is limited by said statute to harbor purposes. In order to effectuate the settlement provided for herein, it is necessary that the Department be given juris- diction and control of that portion of the trust grant located within the ecological reserve which will be established as a result of this Agreement. Authority for the County to transfer an interest in North Star Beach to the City is an Integral part of the settlement of the Prescriptive Rights Case. Legislative authorization to provide for additional uses of the trust lands by the public is required to reflect current public needs for the • area. The form of the amendments required to accomplish the foregoing and to make other necessary changes in said grant shall be in substantially the form attached hereto as Exhibit 13 and incorporated herein by references. 4.2 Cooperation of Parties to Obtain Amendment of Grant. The parties hereto agree to use their best efforts to obtain legislation to accomplish the amendment of the County trust grant to conform as closely as possible with proposed amendments set forth in paragraph 4.1. 4.3 Conveyances by County to State and City of Trust Grant Lands. Upon an amendment of the trust grant becoming effective, the County shall thereupon make the conveyance to the • State which is authorized in such an amendment and shall convey to the City an undivided one -half interest in North.Star Beach as also authorized therein. 4.4 Repeal of County Harbor Line Ordinance. Within forty -five days of the close of escrow the County will initiate action for the repeal of County Ordinance No. 2200 of January 30, 1968, establishing harbor lines In Upper Hewoort Bay. Article 5 TAX CASE A14D DECLARATORY RELIEF ACTION 5.1 Stipulation and Judgment Re Tax Case. Irvine and County, acting through their respective counsel, shall sign the 18. 19 stipulation attached hereto as Exhibit 14 and the injunction and declaration attached hereto as Exhibit 15, and shall deposit the stipulation and injunction and declaration with the Escrow Agent.. It. shall be a condition precedent to the close of escrow that Robert L. Citron, as tax collector, and Jack P. Vallerga, . as assessor, . each acting through their counsel, also sign the stipu- lation and injunction and declaration prior to deposit in escrow. When the Escrow Agent is in a position . to close escrow, but one day before the close of escrow, the Escrow Agent shall obtain the signature of the appropriate judge of the Orange County Superior Court on such injunction and declaration and shall file such stipulation and injunction and declaration with the clerk of said • Court. If necessary, County will cooperate in obtaining such signature." 5.2 Cancellation of Taxes and Tax Sales. County shall deposit with the Escrow Agent the following additional documents which shall be released to Irvine at the close of escrow: (a) An order of the County Board of Supervisors, consented to by the City Attorney of Newport Beach, in the form attached.as Exhibit 16, certified to be a true copy by the County Clerk, cancelling all taxes on the parcels listed in Exhibit 19 in excess of $1,650,000 on the grounds that such taxes, penalties and costs were levied or charged erroneously or illegally, • (b) An order of the County Board of Supervisors in the form attached as Exhibit 17, certified to be a true copy by the County Clerk, cancelling any certificate or certificates of sale to the State of any of Irvine's property contained within assessor's parcels 440 - 181 -02 through 440 - 181 -16 for tax years 1969 -70 through 1973 -74. When the Escrow Agent is in a position to close escrow, but one day before the close 19 of escrow, the Escrow Agent shall file a copy of such order with the County Auditor and shall cause such order to be recorded in the records of the Recorder of the County.. 5.3 Irvine Withdrawal of Tax Protests. Irvine will execute and place into escrow a letter in the form attached as Exhibit 18 withdrawing its protests of payment as to the parcels described therein. The letter shall be released to County at the close of escrow. 5..4 Irvine Tax Payment. County and Irvine agree that Irvine shall pay taxes on the parcels listed in Exhibit 19 for tax years 1969 -70 through. 1974 -75 in the total amount of $1,650,000 (the "Tax Settlement ") as more particularly set forth in Schedules A through D of Exhibit 19 and as adjusted pursuant to the follow- ing paragraph. Amounts already paid under protest or otherwise by Irvine as more particularly set forth in Exhibit 20 shall be credited against and shall .reduce the amounts payable under the Tax Settlement. Irvine shall deposit with the escrow holder a check payable to the escrow 'holder in the amount of $275,500, which is the difference between the Tax Settlement and the previous payments indicated in Exhibit 20. At the close of escrow the holder shall release the $275,500 to County after adjustments required by the following paragraph. 5.5 Adjustment to Irvine Tax Payment. $429,549 of the Tax Settlement is attributable to the current 1974 -75 tax year, • and about $277,600 is the tax year 1974 -75 portion of the Tax Settlement attributable to the Take Area. Accordingly,. the $275,500 portion of the Tax Settlement which is to be distributed . at the close of escrow shall be reduced by the Escrow Agent in the amount of $771 per day ($277,600 divided by 360) for each day from and including the date of conveyance of the Take Area to and including June 30, 1975. The amount by which the Tax Settlement is reduced shall be returned to Irvine at the close of escrow. 20 While the parties believe that the approximate amount of the Tax Settlement attributable to the Take Area for tax year 1974 -75 is about $277,600, . the exact amount of such taxes cannot be ascer- tained until the Take Area is conveyed by Irvine to the State. Therefore, upon conveyance of the" Take Area to the State by Irvine and recordation of the deed or deeds of conveyance, County shall promptly calculate and cancel that portion of the Tax Settlement attributable to the Take Area from and including the date of recordation of such conveyance or conveyances to and including June 30, 1975. when the exact amount of 1974 -75 taxes attributable to the Take Area are thus determined and cancella- tion has thus occurred, Irvine will promptly pay any additional amount calculated to be due, if any; or County will promptly refund any amount calculated to have been overpaid, if any, by reason of the distribution based upon the aforementioned estimate and made in accordance with this paragraph. If Irvine disagrees with County's calculations as to the amount of the Tax Settlement attributable to the Take Area for 1974 -75, Irvine may file a suit for refund of such taxes. 5.6 Refund of Certain Taxes. The Take Area which Irvine will convey to the State includes three islands, title to which has been questioned. As noted in the recitals of this Agreement, if it is subsequently determined that said islands are tidelands or submerged lands, the State will receive reimburse- ment of the public monies expended to acquire said islands pur- suant to this Agreement.. The parties hereto agree that County should not retain taxes paid by Irvine on the islands if it is determined that the islands are not uplands owned by Irvine or its successors in interest. The pro rata portion of the Tax Settlement attributable to each of the islands is set forth in Exhibit 21, and such amount shall be deemed to have been paid under protest, and not voluntarily, as of the close of escrow. 21 Such portion of the Tax Settlement attributable to the islands shall be impounded by County until the earlier of (a) full payment of the Take Area purchase price to Irvine by the State, or (b) four years from the date . of payment of the Tax Settlement, which shall be deemed to be the date of the close of escrow; provided, however, that if a lawsuit challenging title to such islands is commenced by any person or entity prior to the earlier of such dates, then Irvine may file a claim for refund pursuant to and within the time prescribed by Revenue and Taxation Code Section 5096 and within six months following rejection of such claim by County, Irvine may sue County by appropriate action • based upon such claim and County shall continue to impound such pro rata portion until a final adjudication of such lawsuit. Irvine and County agree that such lawsuit for a refund should be a part of or joined with the lawsuit challenging title to the islands. If any final adjudication of a lawsuit challenging title to such islands determines that such islands or any portion thereof are not uplands owned by Irvine'or its successors in interest, then Irvine shall receive such refund of impounded taxes as the parties shall agree upon which are attributable to any portion of such islands as to which such a determination may be made, provided Irvine has filed a claim and a lawsuit for refund within the time and manner specified in this paragraph. If the parties fail to agree as to the amount of taxes to be • refunded, the Court shall determine the amount of such impounded taxes which were erroneously or illegally collected and order a refund of such amount to Irvine. The Court may in its discre- tion remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment. Appeals Hoards. 5.7 Conveyance of Property by County to Irvine. County shall execute deeds in the form attached as Exhibits 22 and 23 reconveying to Irvine the property conveyed to County by 22 Irvine pursuant to the land exchange agreement as amended. Such deeds shall be deposited with the Escrow Agent prior to the close of escrow and shall be recorded pursuant. to Article 6. 5.8 Dismissal of Declaratory Relief Action. Irvine, County and Orange County Harbor District, acting through their respective counsel, shall execute a Request for Dismissal in the form attached as Exhibit 24, dismissing the entire Declaratory Relief Action with prejudice. When the Escrow Agent is in a position to close escrow, but one day before the close of escrow,. the Escrow Agent shall file the Request for Dismissal with the Clerk of the Orange County Superior Court. 5.9 Extent of State Participation. Although fully cooperating and participating in other aspects of the settlement set forth in this,Agreement, it is acknowledged that the State has not participated in negotiations relating to the settlements of the Declaratory Relief Action and Tax Case. The State not being a party to either of said actions is not involved`in the substantive provisions of said settlements. Consequently, the State expresses no opinion on said substantive provisions and is not concurring in or approving said substantive provisions. Article 6 ESCROW 6.1 Opening of Escrow. An escrow under this Agreement shall be conducted at the Santa Ana office*of Escrow Agent. 6.2 Escrow Instructions. (a) This Agreement shall constitute escrow instruc- tions to the Escrow Agent in addition to setting forth the agreement of-the parties; provided, however,.that Escrow Agent shall have no obligation with respect to those matters which, although an agreement between the parties, will not be part of the escrow, but which in accordance with their terms will survive the closing of escrow. (b) Upon receipt of the counterparts of this Agreement as provided below, .Escrow Agent is authorized to detach.. the 23 24 signature page or pages and certificates of acknowledgment with respect thereto from any counterpart thereof and attach them to other counterparts of this Agreement so as to form five complete copies thereof and shall thereafter proceed to record one of said copies in the Of- ficial Records of the Orange County Recorder, with instructions that after recorda- tion it is to be mailed to Escrow Agent. Escrow Agent shall thereafter insert the recording data on the other duplicate originals of this Agreement and mail a copy to each of the parties to this agreement. 6.3 Deposits into Escrow. (a) Deposits by City. The City shall deposit into • escrow within . fifteen days of the effective . date of this Agreement five copies of this Agreement . fully and duly executed by the City. (b:) Deposits by County. The County shall deposit the following documents into escrow within fifteen days of the effective date of this Agreement. (1) Five copies of this Agreement fully and duly executed by the County. (2) An Order of the County Board of Supervisors cancelling taxes, certified to be a true copy by the County Clerk and consented to by the City Attorney of Newport Beach, a form of which is attached to this Agreement as • Exhibit 16. (3) An Order of the County Board of Supervisors cancelling sales to the State, certified to be a true copy by the County Clerk, a form of which is attached to this Agreement as Exhibit 17. (4) Deeds to Irvine, forms of which are attached to this Agreement as Exhibits 22 and 23. 24 (5) The .stipulation for dismissal of the Pro- scriptive Rights Case, a form of which is attached to this Agreement as Exhibit 12. (c) Deposits by Irvine. Irvine shall deposit the following into escrow within fifteen days of the effective date of this Agreement. (1) Five copies of this Agreement fully and duly executed by Irvine. (2) $275,500 (3) The stipulation, a form of which is attached to this Agreement as Exhibit 14, and which is to be executed by the parties to the Tax Case through their respective • counsel prior to deposit in escrow. (4) The injunction and declaration, a form of which is attached to this Agreement. as Exhibit 15, and which is to be .executed by the parties to the Tax Case through their respective counsel prior to deposit in escrow.. (5) The Request for Dismissal of the Declaratory Relief Action, which has previously been executed by counsel for County and Orange County Harbor District, a copy of which is attached to this Agreement as Exhibit 24. (6) The letter withdrawing tax protests, a form of which is attached to this .Agreement as Exhibit 18. (7) The deeds., duly executed by all required • .signatories, forms of which are attached to this Agreement as Exhibits 1 through 8. (d) Deposits by State. The State shall deposit into escrow within fifteen days of the effective date of this Agreement five copies of this Agreement fully and duly executed by the State. (e) Notarization. All signatures on the documents deposited into escrow which are to be recorded shall be duly acknowledged, . or attested, as appropriate. 25 6.4 Conditions Precedent to Close of Escrow. The close of escrow is conditioned upon: (a) The Escrow Agent's being in a position to deliver a policy of title insurance satisfactory to State and Irvine. (b) The execution by Robert L. Citron and Jack P. Vallerga, acting through their counsel, . of the stipulation and permanent injunction and declaration forms of which are attached as Exhibits 14 and 15. (c) The Department's obtaining from the State Director of General Services all necessary approvals of this Agree- ment in a form satisfactory to Irvine: 6.5 Close of Escrow. When the conditions precedent in Paragraph 6.4 have been satisfied, when all required documents have been deposited with the Escrow Agent and when all other instructions set forth in this Agreement have been complied with, the Escrow Agent shall set a date for the close of escrow in accordance with this Article 6 and shall perform the following acts on such date in the order set forth below: (a) The Escrow Agent shall record the deeds deposited in escrow in the following order: (1) Exhibit 22; (2) Exhibit 23; (3) Exhibit 1; (4). Exhibit 2; • (5.) _Exhibit 3; (6) Exhibit 4; (7) Exhibit 5; (8) Exhibit 6; (9) Exhibit 7; and (10) Exhibit 8. (b) The Escrow Agent shall release to the County the following: 26 (1) The $275,500 deposited by Irvine after deducting therefrom $771 per day for each day from and including the date upon which the Irvine deed conveying the Take Area is recorded to and including June 30, 1975. All amounts so deducted plus any accrued interest on all amounts held in escrow shall be returned to Irvine. (2) The Irvine letter withdrawing its tax pro- tests, a form of which is attached to this Agreement as Exhibit 18. (c) The Escrow Agent shall release to Irvine the following: (1) The Order of the County Board of Supervisors cancelling certain taxes, a form of which is attached to this Agreement as Exhibit 16. (2) The Order of the County Board of Supervisors cancelling certain sales to the State, a.. form of which is attached to this Agreement as Exhibit 17. (3) All amounts deducted from the $275,500 pursuant to Paragraph 6.- 5.(b)(1), plus any accrued interest on all amounts held in escrow. (d.) The Escrow Agent may record any additional instru- ments delivered through this escrow, if necessary or proper in connection with the issuance of the policy of title insurance called for, provided such instruments are recorded • in conformity with the order for recording documents set forth in this paragraph. 6.6 Termination of Escrow. (a) If on June 30, 1975, the Escrow Agent is not in a position to close escrow and has not complied with Paragraphs 3.5, 5.1, 5.2(b) and 5.8 hereof, a party hereto who is not then in default hereof may thereafter terminate this Agreement 27 and the escrow created hereby. A party who is in default hereof shall not have the right to so terminate this Agree- ment and said escrow. If no party hereto shall terminate this Agreement and said escrow as aforesaid, both shall continue in full force and effect until such later date as the Escrow Agent shall be able to close said escrow as provided in Section 6.5 hereof, subject to the provisions of Paragraph (b) of this Section 6.6. (b) If the Escrow Agent is unable to close the escrow as provided in Section 6.5 hereof prior to December 31, 1975, said escrow shall automatically terminate on said date. • 6.7 Effect of Termination of Escrow. (a) In the event the escrow is terminated for any reason as provided in Section 6.6 hereof, the Escrow Agent shall forthwith return all documents to the party depositing the same; provided, however, that the stipulation (Exhibit 12), stipulation (Exhibit 14), injunction and declaration (Exhibit 15) and Request for Dismissal (Exhibit 24) shall first be marked "VOID" in large, noticeable letters on the face of each. (b) If the escrow is terminated, and each party has performed his respective duties hereunder, this Agreement shall terminate simultaneously with the termination of the • escrow and thereafter no party shall have any rights, duties, claims or obligations hereunder. (c) If the escrow is terminated and if any party has failed to perform his respective duties hereunder, each party shall have such rights and remedies as provided by law and in equity for the failure of such other party to perform. 29 6.8 Allocation of Costs and Expenses. (a) The expenses and fees of the Escrow Agent includ- ing, but not limited to, those involved in recordation of various documents required to be recorded pursuant to the terms of this Agreement, if any, shall be borne equally by the State and Irvine. The compensation to be received by the Escrow Agent shall be $1700.00 In addition thereto, the Escrow Agent shall be reimbursed for all expenses incurred in the execution of its duties pursuant to this Agreement. (b) The premiums and costs of the title insurance • policies and endorsements with respect to the property conveyed by the deed in the form attached as Exhibit 1 shall be borne by Irvine. (c) The premiums and costs of the title insurance policies and endorsements with - respect to the properties conveyed by deeds in the forms attached as Exhibits 2 and 3 shall be borne by the State. (d) Each party hereto shall individually bear the respective fees, costs and expenses of any attorney, engineer, or other person retained or employed by it in connection with the subject transaction.. 6..9 Rights of Escrow Agent. • (a) By executing this Agreement as provided below, Escrow Agent accepts the rights, duties and responsibilities set forth herein pertaining to the Escrow Agent. (b) In the event conflicting demands are made or notices served upon Escrow Agent with respect to this escrow, the parties hereto expressly agree that it shall have the absolute right at its election to do either or both of the following, (i) withhold and stop all further proceedings in 29 and performance of this escrow, or (ii) file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate in such court their several claims and rights among themselves. In the event such interpleader suit is brought, the Escrow Agent shall ipso facto be fully released and discharged from all obli- gations to further perform any and all duties or obligations imposed upon it by this Settlement Agreement. (c) The Escrow Agent is not to be held liable for sufficiency or correctness as to form, or the manner of execution or validity of any instrument deposited in the escrow, nor as to identity, authority or rights of any person executing the same, nor for failure to comply with any of the provisions of any agreement, contract, or other instrument filed herein or referred to herein, and its duties hereunder shall be limited to the safekeeping of such instruments or other documents as are received by it as Escrow Agent, and for the disposition of same in accordance with the written instructions by it in the escrow. (d) Prior to the close of escrow or termination thereof in accordance with the terms of this Agreement no party shall have the right to withdraw instruments or documents deposited by it with Escrow Agent. (e) The Escrow Agent is hereby authorized to accept • such further instructions and provisions relating to its duties and responsibilities which are consistent with the terms and conditions of this Agreement as particular parties to this Agreement may desire to provide the Escrow Agent. Escrow Agent shall attach such further instructions and provisions to its copy of this Agreement. Thereupon, such instructions and provisions shall become a part hereof and 30 shall be binding as between the Escrow Agent and the party so providing them and such other parties hereto which indicate in writing their consent to be bound thereby. The Escrow Agent, . prior to attaching such further instructions and provisions, may require the providing party to agree to additionally compensate the Escrow Agent for any additional services which the Escrow Agent is hereby called upon to furnish. The Escrow Agent may delay attaching such further instructions and provisions to this Agreement until after this Agreement has been recorded. Should the party furnish- ing such additional instructions or provisions, or any other • party agreeing to be bound hereto, or the Escrow Agent fail to perform any provisions of this paragraph, said failure shall in no way affect the consideration supporting this Agreement and /or the validity or binding nature thereof. Nothing herein, however, shall affect or diminish the rights of any party to this paragraph at law or in equity, or both. (f.) The Escrow Agent shall not be called upon to prepare any of the instruments which may be required. (g) All funds received by the Escrow Agent pursuant to the provisions of this Agreement shall be deposited with other escrow funds in a general escrow account, or accounts, with any state or national bank doing business in the State of California, and may be transferred to any other such • general escrow account Or accounts. All disbursements shall be made by check of Escrow Agent. (h) When the Escrow Agent has filed all documents for record pursuant to the provisions of this Article 6, it shall proceed to distribute all documents remaining in its custody to the appropriate parties and deliver the policies of title insurance and other title assurances provided for 31 in Article 6 to the appropriate parties. Upon completion thereof, the Escrow Agent shall give notice to the parties that it has completed its duties and responsibilities arising out of this Agreement and, absent an objection from any party within said ten days thereafter, shall be dis- charged of any further duties and responsibilities here- under. During said ten day period, any party may object to the Escrow Agent being discharged if any duties or responsi- bilities remain for the Escrow Agent to accomplish. Said objection shall be given in writing and in the manner for giving notices herein. The effect of such objection shall be to prevent the discharge of the Escrow Agent until said • objection is withdrawn, another notice of completion has been given, and a ten day period without objection from any party has run. Article 7 MISCELLANEOUS PROVISIONS 7.1 Effective Date. (a) This Agreement shall be effective upon the accom- plishment of all of the following: (1) The execution of this Agreement by: (i) City. (ii) County. (iii) Irvine. • (iv) State. (v) Escrow Agent. (2) Approval of the Agreement by the State Director of General Services. (3) Recordation of this Agreement in the office of the County Recorder of Orange County. (b) If this Agreement does not become effective by June 29, 1975, it shall be null and void and of no effect whatsoever. 32 7.2 Compromise Agreement. The agreements of the State, Irvine and County contained herein are, in part, a compro- mise and settlement of the disputes with regard to various tax, title and boundary matters concerning the Take Area and areas alleged to be subject to prescriptive rights in the Prescriptive Rights Case. In the event the close of escrow does not occur, . nothing herein shall be an admission of any party hereto with respect to said :matters and shall not be used by any party hereto in any proceeding, whether judicial or otherwise, to evidence the location, character, condition or legal status of any property or interest therein that is the subject of this Agreement, or the belief, statement, knowledge, or intent of any party hereto with respect thereto. 7.3 Further Assurances. So long as authorized by applicable laws so to do, each of the 'parties hereto will do such further acts and execute, acknowledge and deliver all further conveyances and other instruments as may be necessary to more fully assure to each other party hereto, all of the respective properties, rights, titles, interests., estates, remedies, powers, and privileges to be conveyed or provided for herein. - 7.4 Survival of Executory Provision. The parties agree that all provisions of this Agreement which remain to be performed after the close of escrow shall survive such close and shall continue in full force and effect. Upon the close ® of escrow, all such provisions of this Agreement shall be severable, . separate and distinct from the other provisions of this Agreement. Should any party fail to comply with any or all of such provisions after the close of .escrow, such failure shall in no way .affect the consideration supporting this Agreement or the validity or binding nature thereof. Nothing herein, however, shall affect or diminish the rights of any party hereto at law or in equity, or both, to enforce the provisions of this Agreement against any other party hereto.. 33 7.5 Severability of Take Area Provisions. Should Irvine exercise its rights pursuant to Paragraph 2.4 of this Agreement, such exercise shall have no effect upon the settlement of the Prescriptive Rights Case, . Tax Case and Declaratory Relief Case or the consideration supporting such settlement. 7.6 Gender. As used herein, whenever the context so requires., the neuter gender includes the masculine and the feminine, and the singular includes the plural and vice versa. Defined terms are to have their defined meaning regardless of the .grammatical form, number or tense of such terms. 7.7 Headings_ The table of contents contained in this Agreement and the title headings of the respective articles and • sections of this Agreement are inserted for convenience only, and shall not be deemed to be part of this Agreement or considered in construing this Agreement. 7.8 Notices. All notices required or permitted to be given to a party hereto or to the Escrow Agent by the provisions of this Agreement shall be deemed to have been given forty -eight (48) hours after such notice is deposited in the United States mail as registered or certified mail, with postage thereon fully prepaid, addressed to such party at its address set forth under or opposite its signature to this Agreement, or when such notice is filed as a. telegram with Western Union Telegraph Company, or any successor in interest of said telegraph company, addressed as above provided, with all charges thereon fully prepaid. Any notice given in any other fashion shall be deemed to have been given when actually received by the addressee. Any party hereto may change its address by giving written notice to all other parties hereto and the Escrow Agent. A copy of all notices given by a party to another party hereto also shall be given to the Escrow Agent and said notice shall not be effective until deemed 34 ATTEST: WILLIAM E: Si Jp)jp( By County Clerk and ex-6ffici8 Rallph A. Diedrich Clerk of said Board of Chairman of its Board of Supervisors S ervisors APPR VE AS _TO 7' - F,'3.r8 Kv .s2, ( :eunpy Counsel F,;;3E C1UNTY, CALIFORNIA given to both the party to receive it and the Escrow Agent pur- suant to the provisions of this paragraph. The addresses of the parties hereto are as follows: (a) The City: City Clerk Newport Beach City Hall Newport Beach, California 92660 (b) The County: Clerk, Board of Supervision Administration Building 515 North :Sycamore Santa Ana, California (c) Irvine: The Irvine Company 550 Newport Center Drive Newport Beach, CA 92663 (d) The State: Office of the Attorney General 80.0 Tishman Building 3580 Wilshire Boulevard Los - Angeles, CA 90010 • Attn: N. Gregory Taylor (e) The Escrow Agent: First American Title Company 421 North Main Street Santa Ana, California 7,.9 Time:. Time is of the essence in this Agreement. 7.10 Separate Counterparts.. This Agreement may be executed in any number of counterparts, and each executed counter- part shall have the same force and effect as an original instru- ment and as if all of the parties to the aggregate counterparts had signed the same instrument. 7.11 Successors and Assigns. The terms, provisions and conditions hereof shall be binding upon and inure to the benefit of the parties and the successors and assigns of the parties • hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF ORANGE ATTEST: WILLIAM E: Si Jp)jp( By County Clerk and ex-6ffici8 Rallph A. Diedrich Clerk of said Board of Chairman of its Board of Supervisors S ervisors APPR VE AS _TO 7' - F,'3.r8 Kv .s2, ( :eunpy Counsel F,;;3E C1UNTY, CALIFORNIA • CI i 6K�s ,r: By ty Clerk :1I /.v. z .STATE OF CALIFORNIA Approved as to form; DEPARTMENT OF FISH AND GAME by Evelle J. Younger, - Attorney General By By� �• - N. Gregory ay E. C. erton Deputy Attorney Gen al Approved. State of C fornia Departme bf Geneg SEAL h�FST VIR��\A STATE OF CALIFORNIA THE IRVINE COMPANY By ftwx l- i7ti as. COUNTY OF ORANGE ) On April 1975, before me, the undersigned, a No ry Public in andr said State, with principal office in • County, personally appeared. E. C. FULLERTON, known to to be the Director of the DEPARTMENT OF FISH AND GAME STATE OF CALI- FORNIA, and known to me to be the person who executed the within instrument on behalf of said Department of Fish and Game., and acknowledged to me that said Department executed the within instrument pursuant to the applicable State law and a resolution of the Fish and Game Commission of the State of California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. �mrm """mnmmnmlrmmnmm�rmmnrmmrmrmmnmm�mr= G c' OFFICIAL SEAL € CAROL B. De PRIEST = Nocary-Puolic in and for the County e� r„ NOTARY PUBLIC CALIFORNIA, of Orange, State of California x PR NCIPAL OFFICE IN 36 ORANGE COUNTY MY Commission Expires. May 27, 1977 � YWWIIII UIIIW1u11WIIl uIII ............III 11111111 iI I, IIII II Ii liltl.J'j. ...... l.......... ..111 .s STATE OF CALIFORNIA ) as. COUNTY OF ORANGE ): On April 1975, before me, the undersigned, a. Notary Pub in and s id otnt and State, personally a ea 2 ,f} P y PP yj ll(/?yl a"� known to me to be the art-TOE IRVINE COMPANY, the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this :certificate first above written. Tmmn ^mimmmm�mmmmmimmnmm�mnmm�mmo,mm, OFFICIAL SEAL CAROL B. De PRIEST 3� NOTARY- PUBLIC CALIFORNIA 3 > PRINCIPAL OFFICE IN ORANGE COUNTY YMy Commission ExpiresMay27, 1977 L p' wu mmnmmiwwwouulu STATE OF CALIFORNIA l ) as. COUNTY OF ORANGE ) Notary Public in and for the County of Orange, State of California On April �, 1975, before . me, the undersigned, a Notary Public in an for said ounty and State, personally appeared. �Q /� >! known to me to be the .e�(/.ZC of FIRST AP 'RIC TL CE COMPANY, the corporation that executed the within irKtrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolu- tion of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. OFFICIAL SEAL, CAROL B. De PRIEST NO?'ARY USUC CALIFORNIA PRif I AL OFFICE IN ORANGE COUNTY Ssiorl Expires May 27, 1977 . Notary Public in and for to County of Orange, State. of California 37 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA N. Grr_gory Taylor, Esq. Deputy Attorney General 800 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby • acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT to THE STATE OF CALIFORNIA, the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed; SUBJECT TO covenants, conditions, restrictions, reservations and easements and rights of way of record.. The land herein described is being acquired by Grantee pursuant to California Fish and Game Code Sections 1580, et seq. IN WITNESS WHEREOF., said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: . 1975. THE IRVINE COMPANY By President By Mail Tax Statements To: (Grantee Tax Exempt) Secretary EXHIBIT 1 4!7/75 STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE' ) On , 1975, . before me, the undersigned, a Notary Public in and for said :State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be.. the persons who executed the within instrument on behalf of the corporation therein named, . and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. • WITNESS my hand and official seal. Notary Public in and for sar County and State CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property .conveyed by the Corporation Grant Deed dated. , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 . by the undersigned • officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. R STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME. By All that certain land, partly in the City of Newport Beach, all in the County of Change, State of California., being: Lots 1 and 2 of Section 23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6 South, Range 10 West, San Bernardino Meridian, according to the official plat of -said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, records of said County; Tideland Patent No. 204, from the State of California recorded July 19, 1907 . in Book 1, page 245 of Patents, records of said County; Portions of Blocks 4, 5, 51, 5.2, 53, 55,. 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page 88, Miscel- laneous Record Maps, records of said County, included within the following described boundary and any other land owned by grantor included within said boundary: Beginning at the Northeast corner of lot 12, Tract No. 4224, as shown on a map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said Orange County; thence along the boundary of said Tract the following described courses: 1. South 360 37' 10" East 118.99 feet; 2. South 21.° 22' 02" East 266.44 feet; 3. South 130 05' 01" East 103.13 feet; 4. South 40 18' 2.3" Last 214.74 feet; 5. South 4° 38' 2.9" East 190.28 feet; 6. South 20° 22' 24" East. 193.47 feet; 7. South 3° 05' 03" West 88.53 feet; 8. South 23° 2'8' 09" West 87.23 feet; 9. South 33° 2.2.' 06" West 272.21 feet; 10. South 26° 11' 31" Wcst 242.29 feet; 11. South 24° 24' 07" West 160.08 feet; 12. South 220 36' 56" West 160.31 feet; 1- 17XITIBIT A -2- 13. South 29° 28' 14" West 307.32 feet; 14. South 10° 19' 39" West 116.92 feet; 15. Sout4 0° 11' 19" East 81.39 feet; 16. South 110 31' 25" Cast 80.01 feet; 17. South 21° 04' 53" East 162.61 feet; - 18. South 120 00', 06" East 80.02 feet to the Southeast corner .Lot 45, said Tract No.. 4224; thence leaving said boundary; 1.9. North 770 33' 39" East 84.52 feet; thence 20. South 460 35' 28" East 50.93 feet; thence 21. South 77° 44' 07" East 23.54 feet; thence • 22. North 840 48' 20" East 55.23 feet; thence 23. South 470 24' 48" E. 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 200 08' 29" East 208.14 feet along said line to said Northwesterly corner; thence along the boundary of said Tract No. 4224 the following described courses: 25. North 690 51' 31" East 130.00 feet; 26. South 180 07' 35" East 156.92 feet; 27. South 7° 33' 23" West 122.82 feet; 28. South 380 25' 04" West 137.05 feet; • 29. South 560 24' 35" West 99.89 feet; 30. South 54° 05' 35" West 127.86 feet; 31. South 44° 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33.. South 34° 18' 41" West 162.79 feet; 34. South 110 26' 49" East 90.42 feet; 35. South 520 53' 55" East 218.43 feet; 36. South 28° 06' D2" Past 252.56 feet; 37. South 20° 31' 44" East 59.20 feet; -2- -3- 38. South 24° 30' 02" East 299'.33 feet; 39. South 330 OS' 39" Last 204.70 feet; 40. South 18° 18' 25" West 213.42 feet; 41. South 9° 51' 31" West 235.00 feet; 42. South 69° 21' 51" West 209.71 feet to the Southwesterly corner of Lot B0, said Tract No. 4224; thence leaving said boundary; 43. South 17 0'08' 25" West 106.94 feet; thence 44. South 50° 25' 57 "West 252.09 feet.; thence 45. South 41° 32' 54" West 446.29 feet; thence 46. South 31° 18' 49" West 140.46 feet; thence 47. South 9° 30' 2:4" West 211.91 feet; thence 48. South 0° 40' 50" West 393.71 feet to Station No. 110 of • the Ordinary High. Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station being an angle point in the boundary of said Tract No. 422.4; thence 49. South 1° 53' 04" East 122.43 feet along-said Ordinary High Tide Line and boundary to Station No. 111 of said Ordinary High Tide Line; thence leaving said Line and boundary 50. East 100.00 feet; thence 51. South 7° 43' 45" West 798.21 feet; thence 52. South 424.00 feet; thence 53. East 563.00 feet; thence • 54. North 26° 19' 40" East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640, Page 298, said Official Records, said point being South 82° 17' 23" West 100.00 feet along said line from Station No. 25 of said Ordinary Nigh Tide Line; thence 55. North 82° 17' 23" East 100.00 feet along said line to said Station; thence -3- " 56. South 240 13' 27" East 39.30 feet along said Ordinary High 'fide Line to the Northwesterly terminus of that certain 80.00 foot strip of land described in a deed to the County of Orange for Back Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 66° 17' 51" East 6.35 feet along said Northwesterly terminus to a point-on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269,. said Official. • Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 660 17' 51" West; thence along said right of way line the following described courses: 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40 "; 59. North 14° 48' 31" East 93.81. feet; 60. .Northeasterly 157.19 feet along. a 320..00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40 "; 61. North 42° 57' 11" East 123.69 feet; • 62. Northeasterly 64.82 feet along a 2.20.00 foot radius curve that is concave Southeasterly through an angle of 16° 52' 50 "; 63. North 590 50' 01" East. 82.93 feet; 64. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 37° 45' 20 "; 65, North 220 04' 41" East 8.49 feet; 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave Southeasterly through an angle 57° 55' 48 "; -4- 67. North 80' 00' 29" East 97.75 feet -5- 68. l:astgrly 174.88 feet along a 1980.00 foot radius curve that is concave Northerly through an angle of 5' 03' 38 ": 69. North 74' 56' 51" East 116.34 feet: 70. Northeasterly. 119.54 feet along a 330.00 foot radius curve that is concave Northwesterly through an angle of 20' 45' 20 ": 71. North 54' 11' 31" East 28.69 feet: 72. Northeasterly 92.50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of • 23' 02' 30 ": , 73. North 31' 09' 01" fast 37.97 feet; 74. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of 11' 31' 10 ": 75. North 42' 40' 11" East 19.36 feet: 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that is concave Northwesterly through an angle of 13' 15' 20 ": 77. North 29' 24' 51" East 110.51 feet: 78. Northeasterly 180.55 feet along a 230.00 foot radius curve that is concave Southeasterly through an angle of 44' 58' 40 ": 79. North 74' 23' 31" Last 71.57 feet: 80. Northeasterly 131.85 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 41' 58' 10 "; , 81. North 32' 25' 21" East 98.40 feet: 82. Northeasterly 139.72 feet along a 580.00 foot radius curve that is concave Northwesterly through an angle of 13' 48' 10 ": -5- 83. North 18' 37' 11" Cast 191.57 feet; -6- 84. Northerly 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 1.6' 05' 20 "; 85. North 2° 31' 51" Bast 112.97 feet; 86. Northerly 171.90 feet along a 480.00 foot radius curve that is concave Westerly through an angle of 20° 31' 10 "; 87. North 170 59' 19" West 1.05.85 feet; -' 88. Northwesterly .219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21° 40' 40 "'; 89. North 39° 3.9' 59" West 30.54 feet; 90. Northwesterly 2.09.18 feet along a 580.00 foot radius curve that is concave 'Southwesterly through an angle of 20° 39' 50 "; 91. North 60' 19' 49" West 256..75 feet; 92. Northwesterly 166.34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 4.5° 23' 00 "; 93. North 14.0 56' 49" West 2.29 feet; 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of 84° 53' 40 "; 95. North 690 56' 51" East 84.37 feet; is 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 56° 22' 00 "; 97. North 130 34' 51" East 926.31 feet; 98. Northerly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 55° 23' 00 "; 99.. North 41° 48' 09" West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 25° 52' 00 "; -6- 101. North 150 Sol 09" West 54.89 feet; .7. 102. Northwesterly 165.17 feet along u 580.00 foot radius curve that is concave Southwesterly through an angle of 16° 19' 00 "; 103.. North 320 15" 09" West 39.22 feet; 104. Northwesterly 93.71 feet along a 480.00 foot radius curve that is concave Southwesterly through an angle of 11° 11' 10 "; 105. North 430 2.6' 19" West 193.40 feet; 106. Northerly 362.21 feet along a 370.00 foot radius curve. • that is concave Easterly through an angle of 560 05' 20 "; 107. North 1:2° 39' 01" East 252..19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve .that is concave Westerly through an angle of 9° 25' 40 "; 109. North 3° 13' 21" East 14..17 feet; 110. Northerly 293.38 feet along a 1820.00 foot radius curve that is concave Easterly through an angle of 9° 14' 10 "; 111, North 12° 27' 31" East 27.16 feet; 11.2. Northerly 236.73 feet along a 1180.00 foot radius curve that is concave Westerly through an angle of 11° 29' 40 "; 113. North 00 57' 51" East 82.33 feet; 114. Northerly 194.78 feet along a 620.00 foot radius curve • that is .concave Easterly through an angle of 18° 00' 00 "; 115. North 18° 57' 51" East 20.34 feet; 116. Northeasterly 170.04 feet along a 150.00 foot radius curve that is concave Southeasterly through an angle of 64° 5.7' 00 "; 117. North 83° 54' 5.1" East 78..48 feet; 118. Northeasterly 127.39 feet along a 180.00 foot radius curve that. is concave Northwesterly through an angle of 40° 33' 00 "; .7. 119. North 43° 21' 51" last. 57.99 feet; _8_. 120. Northeasterly 184.74 feet along a 1520.00 foot radius curve that is concave Southeasterly through an angle of 60 57' 50 "; 121. North 500 191. dl" Last 31.50 feet; 122. Northeasterly 218.92 feet along a 1480.00 .foot radius curve that is concave Northwesterly through an angle of 80 28' 30 "; 123. North 41° 51' 11" East 44.65 feet; 124. Northeasterly 194.36 feet along a 1220.00 foot radius • curve that is "; concave. Southeasterly through an angle of 90 07' 40 125. North 50° 58' 51" East 66..39 feet.; 126. Northeasterly 300.05 feet along a 1780.00 foot radius curve that is concave Northwesterly through an angle of 90 39' 30 "; 127. North 41° 1.9' 21" East 33..58 feet; 128. Northeasterly 154.36 feet along a 380.00 foot radius curve that is concave. Northwesterly through an angle of 23° lb' 30 "; 129. North 180 02.' 51" East 42.03 feet; 130. Northerly 216.88 feet along 580.00 foot radius curve • that is concave Westerly through an angle of 21° 25.' 30 ";. 131. North 30 22' 39" West 302.88 feet; 132. Northerly 255.24 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 390 31.' 30. "; 133. North 36.° 08' 51" bast 21..09 feet; 134. Northeasterly 403.36 feet along a 520.00 foot radius curve that is concave Southeasterly through an angle of 44° 26' 40 "; ' 135. North 800 35' 31" Last 628.42 feet; _8_. -9- 136. Easterly 289. 58 feet along a 320.00 foot radins curve that,is concave Southerly through an angle of 51° 51' 00 "; 137. South 470 33' 29" East 3.72 feet: 138. Southeasterly 115.09 feet along a 355.00 foot radius curve that is concave Northeasterly through an angle of 180 34' 30 "; 139. South 660 07' 59" East 375.25 feet; 140. Easterly 209.08 feet along a 780.00 foot radius curve that is concave Northerly through an angle of 150 21' 30 "; 141. South 810 29' 29" East 241.76 feet;. • 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of 120 11' 00 "; 143. North 860 19' 31" East 57.06 feet; 144. Easterly 95.37 feet along a 260.90 foot radius curve that is concave Southerly through an angle of 21° 01' 00 "; 145. South 720 39' 29" East 70.33 feet; 146. Easterly 108.18 feet along a 1380.00 foot radius curve that is concave Northerly through an angle of 40 29' 30 ", 147. South 770 08' 59" East 180.02 feet; 148. Easterly 96.09 .feet along a 220.00 foot radius curve that is concave Northerly through an angle of 250 01" 32" to the Westerly terminus of that certain .60.00 foot strip of land described in Parcel 2 in a deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official Records; thence 149. North 160 56' 34" West 19.71 feet along said Westerly terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480..00 .feet; thence from a tangent that bears North 73' 03' 26" East -9- 150. Easterly 553.25 feet along said curve through an angle of 66° 02' 20" to the beginning of a reverse curve concave Northerly and having a radius of 25.00 feet being the Northerly line of Parcel 3 as described in said decd; thence 151. Easterly 31.15 feet along said curve through an angle of 71° 23' 49" to the beginning of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along said Northwesterly line the following described courses: • 152. Northeasterly 96.16 feet along said curve through an angle of 6° 32' 37 "; 153. North 740 14' 34" East 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that is concave Northwesterly through an angle of 36° 09' 52 "; 155. North 38' 04' 42" East 156.00 feet; 156. Northeasterly 547.51 feet along a 842.00 foot radius curve that'is concave Southeasterly through an angle of 37° 15' 23" to the beginning of areverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a • line that /�Rrallcl with and 82.00 feet Westerly of the center line of Jamboree Road, 100.00 feet wide, as described in a deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through and angle of 67' 01' 22" to said parallel line; thence 10- 1.58. North 8° 19' 43" East 414.47 feet along said parallel line to the Southerly terminus of the Westerly right of way line of Jamboree ]toad, 132.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 6135, page 155, said Official Records; thence along said right of way line being a curve concave Westerly and having a radius of 2334. 0(V aeneit being tangent to said parallel line 159. Northerly 295.99 feet along said curve through an angle of 70 15' 58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; • thence non- tangent 160. South 68° 20' 16" West 563.43 feet; thence 161.. North 310 39' 56" West 338.79 feet; thence 162. North 68° 20' lb" East 608.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence 163. Easterly 124.57 feet along said curve through an angle of 1° 52' 33" to said Westerly right of way line; thence 164. North 6° 18' 34" West 416.16 feet along said line to the beginning of a curve therein concave Easterly and having a radius of 1666.00 feet; thence • 165. Northerly 352.71 feet along said curve and right of way line through an angle of 12° 07' 49" to the Southerly line of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578., page 670, said Official Records; thence 166. North 84° 10' 45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence 167. Westerly 618.97 feet along said curve and Southerly line through an angle of 170 43' 56 "; thence leaving said line.. non- tangent 11- 168. 169. 170. 171. 172. 173. 174. 17S. 176. 177. 178. • 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. }89. 190. South South South South South South South South South Smith South South South South North North North North North North North North North 570 640 640 660 750 120 390 220 100 620 9° 350 660 840 700 880 740 830 390 660 570 6 50 550 44' 19" West S1' S4" West 2S' 17" West 59' SS" West 12' 12" West 38' 00" West 14' IS" West 35' 41" West 18' 17" West 06' 10" West 57' 02" West 35' 57" West 26' 5:2" West 33' 00" West 40' 37" West 55' 32" West 30' 41" West 40' S1" West 13' 32" West 23' 34" West 47' 03" West 24' S7" West 57' 02" West 77.81 161:27 181.82 381.32 102.44 29.56 116.20 87.19 106.21 28.85 115.74 54.11 63.82 142.14 81.60 133.02 258.38 149.91 31.63 147.33 633.42 219. SO 176.81 feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet, thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence feet; thence • 191. North 740 28' 33" West 140.11 feet; thence 192. North 640 33' 00" West 91.92 feet; thence 193. North 760 57' 50" West 465.50 .feet; thence 194. North 830 23' 12" West 104.19 feet; thence 195. South 470 S4' 39" West 20.89 feet; thence 196. South 890 45' 48" West 121.00 feet; thence 197. North 780 34' 22" West 143.85 feet; thence 198.. North 82.0 27' 21" West 262.77 feet; thence -12- 13- 19.9.. North 69' 45'.06" West 259.40 feet to a point in that certain 2060_00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radial to said point bears South 22° 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle of 6° 40' 50" to the Westerly terminus of said curve; thence 201. South 73° 50' 2:7" West 384.32 feet continuing along said boundary to an angle point therein; thence • 202. North 16° 09' 33" West 100.00 feet along said boundary and the Northerly prolongation thereof; thence 203. South 760 25' 54" West 280.21 feet; thence 204. South 75° 59' 33" West 241.69 feet; thence 205. South 850 26' 2.4" West 81.76 feet; thence 206. South 58° 22' 28" West 207.87 feet; thence 207. South 53' 22' 27" West 422.40 feet; thence .208. South 36° 43' 20" West 194.00 feet; thence 209. South 22° 58' 42" West 307.39 feet; thence 210. South 140 54' 39" West 270.09 feet;. thence 211. South 60 51' 09" West 234.68 feet; thence 212. South 30 34' 35" West 88.17 feet; thence • 213. South V 2.6' 13" East 98.12 .feet; thence 214. South 36° 07' 10" East 22.90 feet; thence 215. South 10 08' 12" East 126.02 feet; thence 216. South 7° 42' 56" West 156.42 feet; thence 217. South 23° 11' 55" West 194.20 feet; thence 218. South 24' 54' 56" West 85.45 feet; thence 219. South 25' 44' 0S" Nest 231.46 feet; thence 13- 220. South 330 17' 43" West 440.17 feet to a point that is North 54° 13' 20" West 79.13 feet from Station No -. 76 of said Ordinary High Tide Line as described in saiq final decree above referred to; thence 221. South 540 13' 20" last 79.13 feet to said Station No. 76; thence 222. South 00 24' 52" West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof; thence 223. South 31° 37' 12" East 430.16 feet along said-Ordinary High Tide Line; thence 224. South 45° 00' 00" West .181.91 . feet to the Northeasterly • line of Lot 11 of said Tract No. 4224; thence 225. South 640 55' 5.3" East 90.37 feet along said North- easterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. EXCEPTING AND RESERVING unto grantor, its successors and assigns, from said Lots 1 and 2 of Section 23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6 South, Range 10 West, San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, Official Records of said County; Tideland Patent No. 204, from the State of • California recorded July 19, 1907 in Book 1, page 245 of Patents, Official Records of said County; and Portions of Blocks 4, 5, 51, 52, 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page 88, Miscellaneous Records Maps, Official Records of said County included within the preceding perimeter description, all oil, asphaltum, petroleum, natural gas and other hydrocarbons.., and other valuable mineral substances and products, and all other minerals whether or not of the same character hereinbefore generally described, in or under said parcels of land, but without right of entry on the -14- surface of the ground or within a vertical depth of five hundred (500) feet below the present natural surface of the ground. 1n the exercise of this reservation and exception, the grantor may pool said parcels with other lands. The excepted and reserved rights of the grantor shall include all subterranean rights below a vertical depth of five hundred (500) feet from the present natural surface of the ground, necessary, incidental, or convenient to the full exercise of the rights reserved by grantor and shall also include the right to drill and maintain well bores through the said parcels to or through other lands for the purpose of removing oil, gas, and other hydrocarbon substances from • other lands not subject to the aforementioned reservations and exceptions or for purposes of subsidence control or prevention of salt water intrusion. The excepted and reserved rights of grantor with respect to said tideland patent and portions of blocks shall include the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the lands within said tideland patent and portions of blocks, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to • redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines. This exception and reservation shall have no effect upon or in any way affect lands located within the aforedescribed perimeter description which are not owned by grantor. -15- RECORD I PIG 10.OURSTEO BY AND WHEN RECORDED MAIL. TO: STATE OF CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney Genera]. 800 Tishman Building 358.0 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's use CORPORATION GRANT DEED EXHIBIT 2 4/7/75 FOR A VALUABLE CONSIDERATION, receipt of which is hereby . acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT TO THE STATE OF CALIFORNIA, the real.property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed; SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way of record; and (2) With respect to Parcel 2 of the above described real property, the condition that the Grantee, its successors and assigns, shall at all times use or cause said parcels to be used for a public • highway without limitation on abutters' rights of access appurtenant to Grantor's, its successors or assigns, adjacent real property over and across the easterly, southeasterly and southerly lines of said Parcel 2. In the event that the above condition is not satisfied or there is a breach of such condition,. Grantor, its successors and assigns, may either (i.) re -enter and take possession of said Parcel. 2 and oust all persons therefrom, it being intended that the failure of any such condition to be satisfied or the breach of any such Mail Tax Statements To: (Grantee Tax Exempt) EXHIBIT 2 4/7/75 • is condition shall operate as a condition subsequent as to said Parcel 2 and that, each and all of Grantee, its successors or assigns and any person acquiring . interest in said Parcel 2 shall be bound by and subject to such condition 'subsequent,. or (ii) seek any other remedy .available at law or in equity including, without . limitation, the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the .foregoing remedies may be employed at the option of Grantor, and the failure of any of such remedies to be employed upon any one or more of any occurrence giving rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. With respect to Parcels 1, 3, 4, 5 and 6, Grantor grants, conveys, releases and relinquishes to Grantee any and all abutter's rights of access., appurtenant to Grantor's remaining property, over and across the easterly, southeasterly and southerly lines of said Parcels 1, 3, 4, 5.and 6. IN WITNESS WHEREOF, said corporation has caused its corporate. name and seal to be affixed hereto and this instrument to be executed by its President and authorized. DATED: , 1975. . 3 Secretary thereunto duly THE IRVINE COMPANY By President By Secretary STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE ) On , 1975, . before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal • Notary Public in and for said County and State. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated , 1975 . from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION • of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975.. 3 STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By All those portions of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in Book 1037, page 269, Official Records of said County, together with those portions of Tract No. 5435, as per map filed in Book 200, pages 17 through 21, and Tract No. 5878, as per map filed in Book 229, pages 35 through 40, both Miscellaneous Maps, records of said County, and that portion as described in a deed to the City of Newport Beach, recorded in Book 10,000, page 891, said Official Records, described as follows: Parcel 1: That portion of said Back Bay Drive bounded on the south by the Southerly terminus of that certain curve described in said deed as being concave Easterly, having a radius of 200.00 feet, a central angle of 38° 30' 40" and a length of 134.43 feet, and on the North by the Westerly prolongation: of a line that is concentric with and 50.00 feet Southerly of that certain 50.00 feet strip of land described in a deed to the City of Newport Beach recorded in Book 1.0331, page 476, said Official Records. Parcel 2 That portion of said Back Bay Drive bounded on the South by the Westerly prolongation of a line that is concentric with and '50.00 feet Southerly of that • certain 50.00 foot strip of land described in a deed to the City of Newport Beach recorded in Book 1.0331., page 476, said Official Records, and on the North by the Southeasterly terminus of that certain course des - cribedin said deed as "N.42'O 42' 10" W., along said tangent line., 241..47 feet ". Parcel 3 That portion of the Westerly, Northwesterly and Northerly 2.0.00 feet of said Back Bay Drive bounded on the South by the Southeasterly terminus of that certain course described in said deed as "N. 42° 42' 10" W., along said tangent line, 241.47 feet ", and on the Northeast by the Easterly terminus of that certain course described in said deed as "N. 8$° 00' 50" E., along said tangent line., 78.48 feet ". EXHIBIT A parcel 4: Those 30.00 foot strips of land designated as Back Bay Drive on the maps of said Tract Nos. 5435 and 5878. Parcel 5: That portion. of said Rack Bay Drive bounded on the South- west by the Easterly terminus of that certain course des - cribed in said deed as "N. 830 00' S0" E., along said tangent line, 78.48 feet; and on the East by the Westerly line of Parcel 2 as described in a deed to the City of Newport Beach recorded in Book 10,0.0.0, page 91, said Official Records; EXCEPTING that portion lying within Tract No. .5878, as per map filed in Book 229, pages 35 through 40, Miscellaneous Maps, records: of said County. Parcel 6: .Parcels 2, 3 and 4 as described in a deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official Records. • Together with all land underlying Back Bay Drive as it physically exists at the date of this deed to the extent that such land lies upland from Parcels 1 through 6 inclusive. - EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, from all of said land, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, ex- ploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands.other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. F- 1 LJ 15i ^f,i'D rl;r I:1'160r -.T)a, Ir: 7,1:n 4!q F.N 1 +uc,mul:u miL 'ru: STATE 01' CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General 800 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IIIVI14E COMPANY, a corporation organized under the • laws of the State of West Virginia, does hereby GRANT TO THE STATE OF CALIFORNIA, the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way of record; and (2) The condition that Grantee, its successors and assigns, shall at all times use the premises for public park purposes compatible with an ecological reserve and /or wildlife refuge and shall not cease to use or attempt to use said premises or any part thereof for • any purpose other than for public park purposes compatible with an ecological reserve and /or wildlife refuge. In the event that the above condition is not satisfied or there is a breach of such condition, Grantor, its successors and assigns, may either (i) re -enter and take possession of the premises and oust all persons therefrom, it being intended that the failure of any such condition to be satisfied or the breach of any such condition shall operate as a condition Mail Tax Statements To: (Grantee Tax Exempt) EXIII31T 3 4/7/75 subsequent and that each and all of Grantee, its successors or assign}; and any pe:r:;on acquiring interest in the premines . shall. be bound by and sub ject to such condition subsequent, or (.ii) seek any other remedy available at law or in equity including, without limitation, the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed at the option of Grantor, and the failure of any of such remedies to he employed upon any one or more of any occurrence giving rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. In the event a right -of -way is acquired by the public for • road purposes from the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulevard and said right -of -way is not contiguous with the boundaries parcels conveyed hereunder, Grantor agrees to expand the boundaries of the parcels conveyed hereunder to provide that the present boundaries approximately paralleling such roadway will be adjusted so as to be contiguous to said right-of- way. The above covenant is intended to be a covenant running with the land for the benefit of the land conveyed hereby as the dominant tenement and a burden on the land described in Exhibit "B" which is attached hereto and by this reference is incorporated in and made a part of this Deed as the servient tenement. • IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: 1975. . THE IRVINE COMPANY By President By Secretary 2 . STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE , ) On 1975, before me, the undersigned, a NnI.ary Public In and for said ,State, personally appeared known to me to be the President,. and ,. known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. • Notary Public in and or said County and .State. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE .STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to • lauthority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 1975.. 3 STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME. By All those certain parcels of land partly in the City of Newport Beach, all in the County of Orange, State of California, being portions of Block 51, Irvine's Subdivision, as per map file in Book 1, page 88, Miscellaneous Record. Maps, records of said County, describcd as follows: Parcel 1: Commencing at a point in the Southerly boundary of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, Official Records of said County, said point being on a curve concave Southerly and having a radius of 2000.00 feet, a radial to said point bears .North 11° 54' 41" West., said point being Wosterly 618.97 feet along . said curve from the Easterly terminus thereof: thence leaving said boundary non - tangent 1.. South 57° 44' 19" West 77.81 feet; thence 2. South 640 51' 54" West 161.27 feet; thence 3. South 64° 25' 17" Nest 181.82 feet; thence 4. South 66° 59' 55" West 381.3.2 feet; thence S. South 75° 12' 12" West 102.44 . feet; thence 6. South 12.0 38' 00" West. 17.73 feet to the TRUE POINT OF BEGINNING: thence continuing • 7. South 120 38' 00" West. 11_83 feet; thence 8. South 390 14' 15" West 116.20 feet; thence 9. South 22' SS' 41" West 87.19 feet; thcpce 10. South 10° 1.8' 17" West 106.21 feet.; thence 11. •South 62.' 06' 10" West 28.85 .feet; thence 12. South 9" S7' 02" West 115.74 feet; thence 1.3. South 35° 35' 57" West 54.11 feet; thence 14. South 66° 26' 52" West 63.8.2 feet; thence EXHIBIT A 15. South 84° 33' 00" West 142.14 feet; thence 16. North 70° 40' 37" West 81..60 feet; thence 17. North. 8:8° 55' 23" West 133,02 feet; thence 18. North 74° 30' 41" West 258.38 feet; thence. 19. North 83° 40' 51" West 149.91 feet; thence 20. North 39° 13' 32" West 31.63 feet; thence 21. North 66° 23' 34" West 147.33 feet; thence 22. North. 57° 47' 03" West 633.42 feet; thence 23.. South 66° 51' 26" East 326.36 feet to the beginning of a curve concave Northerly and having a radius of 1562.00 feet; thence 24. Easterly 1459.81 feet along said curve through an angle of 53° 32' 51" to the TRUE POINT Or BEGINNING. r1 EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled • wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the :surface or•the upper 500 feet of the subsurface of the land hereinabove described. PARCEL 2: Commencing at the Northwesterly terminus of Course No. 22 described in Parcel' 1 above; thence 1. North 65° 24' 57" West 219.50 foot; thence. 2. North 55° 57' 02" West 1.76.81 feet; thence 3. North 740 28' 33" West 140.11 feet; thence 4. North 64° 33' 00" West 91.92 feet.; thence S. North 76° 57' So" West 137.34 feet to the TRUE POINT OF BEGINNING: thence continuing 6. North 76° 57' 50" West 328.16 feet; thence 7. North 83° 23' 12" West 104.19 feet; thence 8. South 470 54' 39" West 20.89 feet; thence • 9. South 890 45' 48" West 121..00 feet; thence 10. North 78° 34' 22" West 143.85 feet; thence 11. North 82° 27' Zl" West 262.77 feet; thence 12. North 69° 45' 06" West 259..40 feet to a point in that certain 2060.00 foot radius curve in, the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book $906, page 516, said Official Records, said curve being concave Northwesterly, a radial to said point bears South 22° 50' 23" East; thence 13. Northeasterly 351.07 feet along said curve to a point on an non - tangent curve concave Northeasterly and • having a radius of 2062.00 feet,.a radial to said point bears South 270 03' 48" West; thence 14. Southeasterly 141.10 feet along said curve through an angle of 30 55' 14 "; thence 15. South 66 51' 26" East 833.55 feet to the TRUE POINT OF BEG NN T NG. EXCEPTING AND RESERVING :unto the Grantor, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and uperating therefor and storing in and removing the same from said land or any uthcr land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel., equip, maintain, repair, deepen and'operatc any such wells or mines, without, however, the right to drill, mine., store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. • SERVIENT TENEMENT That portion of Block 51, Irvine's Subdivision, partly in the City of Newport Beach, all in the County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows; EXHIBIT B Beginning at a point in the Southerly boundary of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, Official Records of said County, said point being on a curve concave Southerly and having a radius of 2000.00 feet, • a radial to said point bears North 11' 54' 41" West, said point being Westerly 618.97 feet along said curve from the Easterly terminus thereof; thence leaving said boundary non - tangent 1. South 57' 4.4' 19," West 77.81 feet; thence , 2. South 64' 51' 54" West 161.27 feet; thence 3. South 64' 25' 17" West 181.82 feet; thence 4. South 66' 59' 55" West 381.32 feet; thence 5. South 75' 12' 12" West 102.44 feet; thence 6. South 12' 38' 00" West 17.73 feet to a point on a non - tangent curve concave Northerly and having a • radius of 1562.00 feet, a radial to said point bears South 30' 24' 17" West; thence 7. Westerly 1459.81 feet along said curve through an angle of 53' 32' 51 "; thence 8. North 66' 51' 26" West 326.36 feet; thence 9. North 65' 24' 57" West 219.50 feet; thence 10. North 55' 57' 02" West 176.81 taut; thence 11. North 74' 28' 33" West 140.11 feet; thence EXHIBIT B 12. North 64" 33' 00" West 91.92 feet; thence 1.3. North 760 57' 50" West 137.34 feet; thence 14. North 660 51' 2G" West 833..55 feet to the beginning of a curve concave northeasterly and having a radius of 2062.00 feet;. thence 15. Northwesterly .14.1.10 feet along said curve through an angle of 30 55' 14" to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northwesterly, a radial to said point bears South 32" 36' 15" East,; thence • 16. Northeasterly 209.80 feet along said curve through an angle of 80 03' 37" to the Northeasterly terminus thereof; thence 17. North 490 20' 08" East 56.95 feet continuing along the boundary of said Parcel to the Northwesterly prolongation of the Southwesterly line of the land described in a deed to r. Roy Greenleaf, Jr., recorded in Book 2207, page 196, said Official Records; thence along said prolongation, said Southwesterly line and the Southwesterly line of the land described in a deed to George M. Holstein III, recorded in Book 2161, page 375, said Official Records, the following described courses: 18. South 48" 14' 28" East 72.39 feet; • 19. South easterly 364.96 feet along a 800.00 foot radius curve that is concave Northeasterly through an angle of 260 OB' 18 "; 20. South 750 22' 16" East. 333.50 feet.; 21. Southeasterly 401.43.fect along a 1000.00 foot radius curve that is concave Southwesterly through an angle of 230 00' 00 "; 22. Southeasterly 193.73 feet along a 600.00 foot radius reverse curve that is concave Northeasterly through an angle of 180 30' 00 "1 23. Southeasterly 307.15 feet along a 818.25 foot radius curve that is concave Southwesterly through an angle of 210 30' 00a; 24. South 49° 22' 46" East 340.81 feet to a point on a non - tangent curve that is concave Northerly and having a radius of 1550.00 feet, a radial to said point bears South 20° 11' 04" West; thence leaving said land of Holstein • 25. East'crly 692.23 feet along said curve through an angle of 25° 35' 18" to the Easterly line of the land described in a deed to Alvin S. Cox, recorded in Book 2039, page 225, said Official Records; thence 26. North 10 58' 08" East 248.19 feet along said' land to an angle point therein; thence 27. North 40° 37' 14" East 30.00 fact along said line to an angle point therein; thence 28. North 490 22' 46" West 55.00 feet to the Southerlv corner of Tract No. 1501, as per map filed in Book 50, page 16, Miscellaneous Maps, Records of said County; thence 29. North 40° 23' 05" East 1183.95 feet along the Southeasterly • line of said Tract No. 1501, and the Southeasterly line of Tract No. 1507, as per :map filed in Book 51, page 15, said Miscellaneous Maps to the Westerly corner of the land described in a deed to the Costa Mesa Union School District, recorded in Book 3519, page 598, said Official Records; thence along the boundary of said land 30. from a tangent that bears South 490 23' 0.5" East Southeasterly 205.96 feet along a 350.00 foot radius curve that is concave Southwesterly through an angle 330 43' 00 "; thence 31. South 150 40' 05" East .400.00 feet along said boundary to an angle point therein; thence 32. Northeasterly 33.01 feet along a 1770.00 foot radius curve in said boundary that is concave Southeasterly through an angle of 10 04' 07" to the Southwesterly boundary of said land to the.Newport Harbor Union high School District described above; thence along said boundary • 33. South 150 40' 05" East 182.16 feet to the beginning of a 220.00 foot radius curve therein that is concave Easterly; thence 34. Southerly 26.29 feet along said curve through an angle of 60 50' 47 "; thence 35. South 220 30' 52" East 101.02 feet to angle point therein being the Southwesterly terminus of that certain 2000.00 foot radius curve in the Southeasterly boundary of said land, a radial to said point bears North 210 39.' 18" West; thence 36. Northeasterly 340.12 feet along said curve through an angle of 90 44' 37" to the point of beginning. • s.IN:OKb`l[iG RI;QUESTED DY AND WHEN RECORDLD MAIL T0; STATE OF CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General 800 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's Use GRANT OF EASEMENTS. THE IRVINE COMPANY, a West Virginia corporation, hereby grants to THE STATE OF CALIFORNIA, non - exclusive, relocatable • easements, for vehicular, pedestrian and bicycle ingress and egress purposes over real property situated in the City of Newport Beach, • County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1) Covenants., conditions, restrictions, reservations and easements and rights of way of record; and (2) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantee, provided only that Grantor upon such relocation shall grant to Grantee like and similar easements giving Grantee reasonably comparable access to the real property described in that certain Grant Deed from The Irvine Company to the State of California recorded in Book , page Records; of Official RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not interfere with or endanger the use by Grantee of these easements, including but not limited to the right to construct, relocate, EXHIBIT 4 4/7/75 H repair and maintain pipelines or other facilities for utilities on, in, over, under and along said land. Grantee shall be obligated to maintain said easements. Neither Grantor nor Grantee shall be obligated to make any improvements on said easements, but either may do so at its own expense. If Grantee makes any such expenditures and Grantor subsequently exercises its right to relocate the easements, Grantor agrees to reimburse Grantee for such expenditures. These easements shall terminate and be of no further force and effect upon the improvement of a public roadway from • the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulevard currently referred to as "University Drive ", provided that said roadway provides reasonably similar access to the land described in the Deed referred to herednabove. Grantee agrees to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by any negligence of the Grantee, or its employees or agents, or by any act or omission for which Grantee, or its employees or agents, are liable without Sault, in the exercise of the rights herein granted, save and except In those instances where such loss or damage or injury or death is proximately caused . in whole or in part by the negligence of the Grantor, its successors or assigns, or their employees or agents, or by any act or omission for which Grantor, its successors or assiPPs, or their employees or agents, are liable without fault, DATED: , 1975. THE IRVINE COMPANY By President BY Secretary A STATE OF CALIFORNIA ss. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State • CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF EASEMENTS TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Grant of Easements dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1979, and the Grantee consents to recordation thereof by its duly authorized is officer. DATED: , 1975. STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By 3 '1'I10ac porLions of l +lock 51, Irvine':; 'iubdivisi.on, pal Ily ill the City of Newport Beach, all in the Connt..y of Orange, State. of California, as per map filed. in (took 1, page 88, Miscellaneous Record Maps, records of said County, described . as follows: PARCLL 1; An easement for ingress and egress 30.00 feet wide, the North- westerly line of which is described as follows: Beginning at the most Northerly corner of the land described in a deed to F. Roy Greenleaf, Jr., recorded in Book 2207, page 196, Official Records of said County; thence along the Northwesterly boundary of said land the following described courses: 1. South 40° 37' 14" West 130.21 feet; 2. Southwesterly 146..52 feet along a 500..00 foot radius curve that is concave Northwesterly through an angle of 16° 47' 23 "; 3. South 570 24' 37" West 418.18'. feet, 4. Southwesterly 89.50 feet along a 500.00 foot radius curve that is concave Southeasterly through an angle of 10° 15' 20 "; . • S. South 47° 09' 17" West 244.34 feet; 6. Southwesterly 19.61 feet along a 208.0.00 foot radius curve that is concave Northwesterly through an angle of 0° 32' 25" to the most Westerly corner of said land and Point. "A" hereinafter referred to. U(7B1'T1NG that portion lying within Mesa Drive as shown on a map of 'tract No. 706, filed in Book 21, page 25, Miscellaneous Maps, records of said County. EXHIBIT A The Southeasterly line of said easement shall terminate in the Southwesterly boundary of said land of Greenleaf. PARCEL 2: An easement for ingress and egress 3.0.00 feet wide, the Northwesterly line of'which is described as follows: Beginning at Point "A" described in Parcel 1 above; thence Southwesterly 685.28 feet along a 2080.00 foot radius curve that is'concave Northwesterly through an angle 18° 52' 36 ", said curve being the continuation of the curve described. in Course No. 6 described in Parcel 1 above. The Southeasterly line of said easement is to be prolonged or shortened so as to terminate Northeasterly in the Southwesterly boundary of said Land of Greenleaf and Southwesterly in a line that bears South 69° 45' 06" East from the Southwesterly terminus of the Northwesterly line of said easement. (Mesa Drive) That portion of Block 151, Irvine's Subdivision, partly in the City of Newport Beach, . all in the County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: An easement for .ingress and egress 30.00 feet wide, the Southwesterly and Westerly line being described as follows: Commencing at the most Easterly corner of the land described in a deed to Alvin S. Cox recorded in Book 2039, . page 22.5, • Official. Records of said County; thence 1. North 49° 22' 46" West SS.00 feet along the Northwesterly line of said land; thence 2. South 40° 37' 14" West 30.00 feet to the TRUE POINT OF BEGINNING; thence 3. South 49° 22' 46" East 55.00 feet to an angle point in the boundary of said land; thence South I° 57' 38" West 622.05 feet along the Easterly boundary of said land and its Southerly prolongation. The Southerly terminus Of said easement shall terminate in the • following described line: Beginning at the Southerly terminus of the Westerly line of said easement; thence South 880 55' 23" East. 11.52 feet; thence South 70° 40' 37" East. RF,nUBSTF.D BY AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General 300 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's Use GRANT OF EASEMENT TIIE IRVINE COMPANY, a West Virginia corporation, hereby grants to THE STATE OF CALIFORNIA, a non - exclusive, relocatable easement, for vehicular, pedestrian and bicycle ingress and egress . purposes over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of record; and (2) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantee, provided only that Grantor upon such relocation shall grant to Grantee a like and similar easement giving Grantee reasonably comparable access to the real property described in that certain • 'Grant Deed from The Irvine Company to the State of California recorded in Book , page Records: of Official RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not interfere with or endanger the use by Grantee of this easement, including but not limited to the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, EXHIBIT 5 4/7/75 in, over, under and along said land. Grantee shall be obligated to maintain said easements. Neither Grantor nor Grantee .shall be obligated to make anv improvements on said easement, but either may do so at its own exoense. If Grantee makes any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantee for such expenditures. Upon the improvement of a public roadway from the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulevard, currently referred to as "University Drive ", the ease- ment described in Parcel No. 1 of Exhibit "A" shall terminate and be of no further force and effect as to the portion northerly of "University Drive ", provided that said roadway provides reasonably similar access to.the land described in the Deed referred to here - inabove. Grantee agrees to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by any negligence of the Grantee, or its employees or agents, or by any act or omission for which Grantee, or its employees or agents, are liable without fault, in the exercise of the rights herein granted, .save and except in those instances where such loss . or damage or injury or death is proximately caused in whole or in part by the negligence of the Grantor, its successors or assigns, or their employees or agents, or by any act or omission for which Grantor, its successors or assigns, or their employees or agents, are liable without fault. DATED: , 1975. THE IRVINE COMPANY By Pres By Secretary 2. X STATE OF CALIFORNIA ) as. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. • Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF EASEMENT TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Grant of Easement dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, .acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective. , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the • Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By 3 PARCEL NO. 1 (Orchard Drive) That portion of Block 51, Irvine's Subdivision, in the County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Flaps, records of said County, described as follows: An easement for ingress and egress 30.00 feet wide, the North - easterly and Easterly line of which is described as follows: Beginning at the Southeasterly terminus of the center line of Orchard Drive as shown on a map of Tract No. 1507 filed in • Book 51, page 15, Miscellaneous Maps, records of said County, being an angle point in the boundary of the land described in a deed to the Costa Mesa Union School District, recorded in Book 3519, page 598, Official Records of said County; thence from a tangent that bears South 49° 23' OS" East; 1. Southeasterly 205.96 feet along a 350.00 foot radius curve said boundary that is concave Southwesterly through an angle of 33° 43' 00 "; thence 2. South 15° 40' OS" East 568.35 feet along said boundary and the Southerly prolongation thereof to the beginning of a curve concave Easterly and having a radius of 250.00 feet; thence 3. Southerly 29.87 feet along said curve through an angle of V 50' 47 "; thence 4. South 22° 30' 52" East 16.2.46 feet. The Westerly line of said casement.shall terminate in a line that bears South 640 25' 17" West from the Southerly terminus of the Easterly line of said casement. EXHIBIT A PARCEL NO. 2: (North Sitar Beach) An easement over that portion of Block 53, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Maps, records of said County, described as follows: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No, 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said isCounty; thence along said boundary the following described courses: 1. North 45° 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 1.5.00 foot radius curve that is concave Easterly through an angle of 90° 00' 00 ";' 3. North 45° 21' 40" West 60.0.0 feet; 4. North 44° 38' 20" East 487.52 feet; S. North 56° 00' 00" West 49.94 feet; 6. North 51° 23' 241' East 7.1.00 feet; 7. :North 43° 05' 44" East 72.38 feet; 8. .North 34' 55' 00" East 78.24 feet; • 9. North 54° 28' 12" East 144.11 feet; 10. North 68° 23' 00" Gast 214.41 feet; 1.1. North 87° 39' 32" East 364.50 feet; 12. South 74' 08' 02" Cast 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary 13.. South 16' 16' 54" West 100.14 .feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 89° 02' 37" West 152.20 feet; 15. South 87° 32' 32" West. 164.98 feet.; 16. South 82* 17' 13" West 209.11 feet; 17. South 59° 23' 39" West. 213.64 .feet; 18. South 32° 52' 42" West 725.03 feet to the point of beginning.. • PAR(:FT. No. 3: (Constellation Drive) A relocatable easement 30.00 feet wide for vehicular ingress and egress, pedestrian and bicycle trail purposes over that portion of Block 52, Irvine's Subdivision, in the City of Newport Beach., County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, the Southeasterly and Southerly line being described as follows: Beginning at the most Easterly corner of Constellation Drive as shown on a map of Tract No. 4224, filed in Book 157, pages 1 through 14, Miscellaneous Naps, records of said County; thence North 40° 40' 01" East 29.50 feet along the boundary of said Tract to the beginning of a curve therein concave Southeasterly and having a radius of 170.00 feet; thence Northeasterly 114.23 feet along said curve 'through an angle of 38:° 30' 00 "; thence leaving said boundary North 79° 30' O1" East 323.01 feet to the Ordinary High Tide Line as described in the final degree entered in Case No. 20436 Superior Court of said County. The Northerly line . of said easement shall terminate Easterly in said Ordinary High Tide Line. 0 PARCEL NO. 4: (Mariners Drive). An easement described as follows: Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 4224., in Book 157, pages 1 through 14, Miscellaneous. Maps, records of said .County, being in boundary of said Tract; thence • 1. North 69' 51' 31" East 30.00 feet along said boundary; thence 2. North 20' 08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of 50,00 feet; thence 3. Northwesterly 88.61 feet along said curve through an angle of 101' 32' 13 "; thence non - tangent 4. South 20' 08' 29" East 122.27 feet to said boundary; thence S. North 69' 51' 31" East 30.00 feet along said boundary to the point of beginning. L I lil CORDINC. REQUESTED hY F.ND WHEN RECORDED MAIL TO: - Space above this linc for Recorder's use CORPORATION GRANT DEED FOR A'VALUABLE CONSIDERATION, receipt of which is hereby • acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT JOINTLY TO the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation, the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" and delineated on Exhibit "B ", which exhibits are attached hcreto and by this reference are incorporated in and made a part of this Deed, SUBJECT TO: (1) .Covenants, conditions, restrictions, reservations and easements and rights of way apparent or of record; and (2) The condition that Grantees, their successors and • assigns, shall at all times use the premises for public park purposes compatible with an ecological reserve and /or wildlife refuge and shall not cease to use or attempt to use said premises or any part thereof for any purpose other than for public park purposes compatible with an ecological rescrve and /or wildlife refuge. In the event that the above condition is not satisfied or there is a breach of such condition, ro antor, its successors and assigns, may either (i) re- enter Mail Tax Statements To: (Grantee Tax Exempt) EXHIBIT 6 4/7/75 and take possession of the premises and oust all persons therefrom, it being intended that the failure of any such condition to be satisfied or the breach of any such condition shall operate as a condition subsequent and that each and all of Grantees, their successors or assigns and.any person acquiring interest in the premises shall be bound by and subject to such (condition subsequent, or (ii) seek any other remedy available at law or in equity including, without limitation the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed . at the option of Grantor, and the failure of any of such .remedies to be employed upon any one or more of any occurrence giving rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: , 1975. THE IRVINE COMPANY By . President By Secretary STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed 2 the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal.. Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE i . This is to certify that the interest in real property conveyed by the within Corporation Grant Deed to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors bf the County of Orange., pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 1975, and the Grantee consents i to recordation thereof by its duly authorized o�ficer. DATED: , 1975. . ACCEPTED: CITY OF NLWPORT BEACH By Mavor APPROVED AS TO FORM: By City Attorney 3 All those certain parcels of land in the City of Newport Beach, County of Orange, State of California, being portions of Blocks 4, 52 and 53, Irvine's Subdivision, as per map file in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: Parcel 1: r: Beginning at Station No. 76 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County; thence EXHIBIT "A" 1. South 0° 24' 5V West 610.81 feet along said Ordinary • High Tide Line to Station No. 77 thereof; thence 2. South 31° 37' 12" East 430.16 feet along said Ordinary High Tide Line; thence 3. South 45° 00' 00" West 46.71 feet; thence 4. North 41° 01' 42" West 236.35 feet; thence 5. North 32° 51' 26" West 352.96 feet; thence 6. North 29° 39' 35" West 287.27 feet; thence 7. North 12° 45' 46" West 305.55 feet; thence 8.. North 4" 04' 26" West 351.89 feet; thence . 9. North 9° 55' 34" West 90.20 feet to a point on the Southeasterly right of way line of Irvine Avenue, 100.00 feet wide, as described.in a deed to the City of • Newport Beach recorded in Book 8603, Page 885, said Official Records, said point being on a curve concave Southeasterly and having a radius of 500.00 feet, a radial to said Point bears North 52° 04' 24" West; thence 10. Northeasterly 22.64 feet along said curve through an angle of 2° 35' 40 "; thence 11. North 40° 31' 16" East 160.90 feet along said right of way line; thence EXHIBIT "A" 12, South 0° 21' 11" West 212.70 feet; thence 13. South 9° 07' 34" East 126.10 feet; thence 14 South 31° 41' 41" East 127.48 feet to a point that is North 54 °.13' 20" West 250.95 feet from the point of beginning; thence 15. South 54° 13' 20" East 250.95 feet to the point of beginning. EXCEPTING AND RESERVING unto the Grantor, its successors and • assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name .known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior . limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. PARCEL 2: Beginning at a point in the Easterly line of Lot 47, Tract No. 4224, as per map filed in Book 1.57, pages 1 through 14, Miscel- laneoLs Maps, records of said County, said point being North 12° 00' 06" West 23.74 feet along said line from the Southeast corner of said Lot; thence 1. North 120 00' 06" West 136.30 feet along said line and the East line of Lot 46, said Tract No. 4224, to the •. Northeast corner of said Lot 46; thence 2. North 77° 33' 39" East 84.52 feet; thence 3. South 460 35' 28 "East 50.93 feet; thence 4. South 77° 44' 07" East 23.54 feet; thence S. North 84° 48' 20" East 55.23 feet; thence 6. South 47° 24' 48" East 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 7. South 20° 08' 29" East 134.86 feet to a point of cusp with a tangent curve concave Southerly and having a radius of 50.00 feet; thence .B. Westerly 88.61 feet along said curve through an angle of 1010 32' 13 "; thence non - tangent 9. North 20° 08' 29" West 45.66 feet; thence 30. South 84° 00' 21" West 171.41 feet to the point of beginning. EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil, oil rights, minerals, mineral,rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, isdeepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. PARCEL 3: Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along said boundary the following described courses: ' 1. North 45° 21' 40" West 114.37 feet; i 2.. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90° 00' 00", 3. North 45° 21' 40" West 60.00 feet; 4. North 44° 38' 20" East 487.52 feet; 5. North 56° 00' 00" West 49.94 feet; 6. North 51° 23' 24" Last 71.00 feet; 7. North 43° 05' 44" East 72.38 feet; 8. North 34° 55' 00" East 78.24 feet; 9. North 54° 28' 12" East 144.11 feet; 10. North. 68° 23' 00" East 214.41 feet; • 11. North 87° 39' 32" East 364.50 feet; 12. South 74° 08' 02" East 12.4.04 feet to the Southwesterly .corner of Lot 80 of said Tract; thence leaving said boundary 1.3. South 16° 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 80° 0.2' 37" West 152.20 feet; 15. South 870 32' 32" West 164.98 feet; 16. South 82° 17' 13" West 209.11 feet; 17. South 590 23' 39" West 213.64 feet; ' 18. .South 32° 52' 42" West 725.03 feet to the point of • beginning. EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to Q whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and :shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however., the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. • • 0 / G 50 024'52 "W 6/0.6/' 2. 631037'12 "E 430• 16' 3. 545000100'W 46.71' 4. ,V41001142'W 236.35, / 5, N3Z °51°Z6 'W 352.96' 6. V29030'35"W 26727' 7 N /Z0.45'46'W 305.55' 'Poe 6. N4 004'26 "W 35/.89' 1 AIM. 76 9 N9 °55'34 "W 90.20' "35'40" /0 Q,2 2= 500.50' L = 22.64' y$ A. A140 0306 °E 160.90' "W Fj W /Z. 5 0.2/' // Z /Z. 70' s 43• S 9°0734'E 126-10' o 14 631°4141°E /27.46' /5. -554•13'20 "E 250:95' SCA4E 1" =200' 00,?T /OA/ 4F gL K'S. \4 OZ Of /QI//A/EV ,511,6/2 /11AMAI PER U. Q. M Oda I THE IRVINE COMPANY I "" °I` ciir of NtwrvKi d7rACN I 550 NEWPORT CENTER OU 9 PHI 6T .3011 4yowv Aiew O.?F mr PlJQLELS OIW'ONT OIIC"• CIIIIO 11111• •2440 TITLE: A/) /)A)nOOV P/ QT Exhibit I'A" Page 1 • N97o33'�9yE 84.5E SCALE / =50' 1 .E 50.93 546 e,}4'07ME 5 �� 0 -E 55 2'J �-' N84 NE. • Z�: Qd+E coz ti 5459¢, cOT 46 0 a •/0/- 32'13' y Z-6641' - 66.61' � m �o re. a° as a4 15711 -1'4 POFT /ON OF 16GOCK55 LPV/NES I Uelgv/V/SCON PER M.,ehf. 11de. I THE IRVINE COMPANY I YXV1`I` CITY OF NEIVPO.C'T tlEgCH I yo NEWPORT CENTER 0111" ?141444-3011 UPPE,P NEtVPORT.f3AY PmecezS KIWI -11T 5 2eex. CAL IPo• MIA $2000 TITLE: An1/A1n-4,P V R /,oT FA Exhibit "B" Page 2 Z w PARCEL N 2 O ~ .O [oT 58¢'0021 -W 171-41' e a 47 .00'O6olV SE. CO2. N 2s =74' 1 a •/0/- 32'13' y Z-6641' - 66.61' � m �o re. a° as a4 15711 -1'4 POFT /ON OF 16GOCK55 LPV/NES I Uelgv/V/SCON PER M.,ehf. 11de. I THE IRVINE COMPANY I YXV1`I` CITY OF NEIVPO.C'T tlEgCH I yo NEWPORT CENTER 0111" ?141444-3011 UPPE,P NEtVPORT.f3AY PmecezS KIWI -11T 5 2eex. CAL IPo• MIA $2000 TITLE: An1/A1n-4,P V R /,oT FA Exhibit "B" Page 2 .Jw. .: 1.•I 1 1.! qJ O. 2 N 2 a •/0/- 32'13' y Z-6641' - 66.61' � m �o re. a° as a4 15711 -1'4 POFT /ON OF 16GOCK55 LPV/NES I Uelgv/V/SCON PER M.,ehf. 11de. I THE IRVINE COMPANY I YXV1`I` CITY OF NEIVPO.C'T tlEgCH I yo NEWPORT CENTER 0111" ?141444-3011 UPPE,P NEtVPORT.f3AY PmecezS KIWI -11T 5 2eex. CAL IPo• MIA $2000 TITLE: An1/A1n-4,P V R /,oT FA Exhibit "B" Page 2 0 SW. COP. L07'60 Iz / it 14 15 oRp�6E V45 02 /'40 "W 114.37' Z. 4 = 90.00 00" LFi fed ,F= /5.00' 9 L =23.56' 9 QQ y"�D 3• 4145 02/'40 "W 60.00' 4. A144 038'20 "E 46752' 5. 4156 000'00 "N / 49.94' LU 7 6. 4151023'24N5 71.00' 7 N43 °05' 44 "E 72.38' b 5 6. N34 °55'00 "E 78. Z4' 9. A154 029' 12 "E /44.//' /0. 1V68 °23'00'6' Z14.41' w //. 41870 39 JZ' E 364.50' IB ti /Z. 574 008'02 "E 124.04' 13..5 16°16'S41W /00. /14'# pN\ '• z 14. N80 °02'37 "W /52.20' a :•x„ /5. s 87 °32'32 "W 164.96' Q 16. 56Z °17'13 0 W 209. 11' SrA. /09 17 SS9 °23'39 "W 213.64' C/8. 532 052'42 "W 725.03' N °erN sra A' t 2u CLIFF D r / FOA?r /OA/ OF 6LOCK53 /A?V/A/E 5 .5V0i9 1V 15 10A/ SCAL E /'= ZOO' FE,Q M.e..M. //66• THE IRVINE COMPANY PROJECT: C7rr OFNEWFOAfi:BE/JC// 550 NEWPORT CtNTtII (ROME • 111.1 Nb3011 UPReF .VEWPOer .4 PA,PcEw NEWPORT OtACN, CAt1lOOM:. 92660 TITLE: 60UMAQ I r OWN. RYG7jAI DATE 1-•jl -75 SHEET 3 OF 3 cRO. nY,y -- BASE MAP z FILE NQ 2666 NO. PI YI6ED NY Ii6Tt Axhi.bit "B" Page,3 Id V( ill; I 1, ii I. Vi'.:7fi:li ky i.lih WII6114 1:: -li(IU IU ll:U MA.1I. TO: r! Space above this line for Recorder's use GRANT OF EASEMENT . THE IRVINE COMPANY, a West Virginia corporation, hereby GRANTS JOINTLY to the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation, a non- exclusive, relocatable easement for pedestrian and bicycle ingress and egress purposes only over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations . and easements and rights of way apparent or of record; and (2) Relocation at any time by Grantor, its successors • and assigns, upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such relocation shall grant to Grantees a like and similar easement giving Grantees reasonably comparable access to the real property described in that certain Grant Deed from The Irvine Company to the State of California recorded in Book ; page of Official Records; EXHIBIT 7: 0/7/75 RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not interfere with or endanger the use by Grantee of this easement, including but not limited to the right to construct, relocate, repair and maintain..pipelines or other facilities for utilities on, in, over, under and along said land. Grantees shall be obligated to maintain said easement. Neither Grantor nor Grantees shall be obligated to make any improvements on said easement, but either may do so at its own Grantees agree to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in Whole or in part by any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or _their employees or agents, are liable without fault, in the exercise of the rights herein granted, save and except in those instances where such loss or damage or injury or death is proximately caused in whole or in part by the negligence of the Grantor,: its successors or assigns, or their employees or agents, or by any act • or omission for which Grantor., its successors or assigns,. or their emoloyees or agents, are liable without fault. DATED: , 1995. THE IRVINE COMPA14Y By President By Secretary 2. x expense. If.Grantees make any such expenditures and Grantor • subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantees for such expenditures. Grantees agree to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in Whole or in part by any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or _their employees or agents, are liable without fault, in the exercise of the rights herein granted, save and except in those instances where such loss or damage or injury or death is proximately caused in whole or in part by the negligence of the Grantor,: its successors or assigns, or their employees or agents, or by any act • or omission for which Grantor., its successors or assigns,. or their emoloyees or agents, are liable without fault. DATED: , 1995. THE IRVINE COMPA14Y By President By Secretary 2. x STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within . instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such .corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Grant of Easement to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of Orange, pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 1975, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 1975. • ACCEPTED: APPROVED AS TO FORM: City Attorney 3 CITY OF NEWPORT BEACH By Mayor By City Clerk Those portions of Blocks 4, 5, 51, 52., 53, 55 and 56., Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in Book. 1, page 88, Mis- cellaneous Record Maps, records of said County, and that portion of Lot 2,. Tract No. 1125, as per map filed in Book 39, pages 7 and 8, Miscellaneous Maps, records of said County, described as follows: PARCEL 1: (University Drive to Gast of 23rd. Street) A relocatable easement 10.00 feet wide for pedestrian and bicycle • trail purposes, the center line of which is described as follows: Beginning at the intersection of a line that is concentric with and 5.00 feet Southwesterly of the Southwesterly line of Parcel 2 as shown on a map filed in Book 3, page 35, Parcel Maps, records of said County with the Southeasterly terminus of University Drive as described in a deed to the City of Newport. Beach recorded in Book 8152, page 562, Official Record's of said County said intersection being the beginning of a curve concave Northeasterly and having a radius of 1413.00 feet, a radial to said point bears South 370 25' 40" West; thence • 1. Southeasterly 358.76 feet along said concentric curve through un angle of 14.0 32' 50" to a point on a non- tangent curve concave Northerly and having a radius of 1955.00 feet, said curve being concentric with and 5.00 Northerly of that certain 1960.00 foot radius curve in the Northwesterly boundary of Parcel 102.1 described in a decd to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, a radial to said point bears South 340 04' 51" Bast; thence EXHIBIT A 2. 3. 4. 5. 6. 7. S. 9. . 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Westerly 611.51 feet .along said concentric curve through an angle of' 17" 55' 18" to a line that 1s parallel with and 5.00 feet Northerly of said parcel 102.1; thence South 73° 50' 27" West 384.32 feet along said parallel line; thence South 83° 18" 22" West 60.41 feet; thence South 75° 29' 36" West 90.07 feet; thence North 86° 04.' 54" West 146.34 feet; thence South 71° 45' 50" West 333.81 feet; thence North 70 15' 12" Bast 166_33 feet; thence North 20 08' 13" West 134.09 feet; thence. South 59' 53' 11" West 231..20 feet;. thence South 240 00' 54" West 110.57 feet; thence South 1:30 17' 27" West 130.50 feet; thence South 39°.55' 13" West 63.89 feet; thence South 650 48.' 46" West 258.71 feet; thence South 830 49' 47" West 74.43 feet; thence North 460 06' 06" West 147.10 feet; thence South 70 03' 28" West 211.60 feet; thence South. 32' 00' 19" East 94.34 feet; thence South 260 17' 18" West 1'.85.15 feet; thence South 390 26' 49" West 51.15 . feet; thence South 430 02' 51" West 67.26 feet; thence . 22. South 35° 39' 19" West 56.61 feet; thence 23. South 9° 36' 19" West 131.85 feet; thence 24. South 330 5.2' 1,5." West 175.84 feet; thence 2.5. South 14° 40' 35" West 65.12 feet; thence 26. South 0° 11' 56" East 1.14.00 feet; thence 27. South. 8° 2.1' 57" West .206.19 feet; thence 28. South 240 32' 45" Bast 139.62 feet; thence 29. South 150 35' 34" Bast 133.93 feet; thence 30. South 170 53' 46" West 403.5:2 feet; thence 3.1 32 33 34 35 36 37 38 39 40 • South 290 14' 56" Nest 57.31 feet; thence South 44^ 32' :16" West 134.06 feet; thence South 230 48' 21" West 37.16 feet; thence South 5° 00' 47" Gast 114.44 feet; thence South 25° 35' 31" West 105.33 feet; thence South 38° 54' 41" West 53,3.3 feet; thence South 680 21' 20" West 33.89 feet; thence South 320 06' 53" West 55.49 feet, thence South 18° 00' 15" West 52.1.2 feet; thence. South 1 °, 51' 41" West 32.88 feet to a point that bears North 540 13' 20" West 138.97 feet from Station No. 76 of the Ordinary high Tide Line as described in the final decree entered in Case No. 2.0436 Superior Court of said Orange County. The side lines of said easement are to be prolonged or shortened so as to terminate in said line bearing North 54° 13' 20" West from said Station. No. 76. PARCEL 2: (Big Canyon) A relocatable easement 1.0.00 feet wide for pedestrian and bicycle trail purposes, the Northerly and Northeasterly line of which is described as follows: • Commencing at the Southeasterly corner of Tract No. 5425, as per map filed in Book 199, pages 1. and 2, Miscellaneous Maps, records of said County, said corner being in the Northwesterly right of way line of Jamboree Road, 1.32.00 feet wide, as .described in a deed to the City of Newport (teach, reco pled in Book 7964, page 631, Official Records of said County; thence I . South 27° 19' 32" West 36.92 feet along said line to the '116111. 1101N'I' OP BEGINNING; thence leaving said line 2. North 61' 50' 44" West 105.16 feet; thence 3. South 620 43' 98" West 63.17 feet; thence 4. South 60° 54' 20" West 217.20 feet; thence S. South 736 43' 42" West 241.09 feet; thence 6. North 260 34' 42" West 533.73 feet; thence 7. North 13° 02' S7" West 128.4.8 feet; thence 8. North. 260 23' 16" West 318.84 feet; thence 9. North 45° 49' OS" West 204.61 feet; thence 10. South 860 23' 58" West 161.19 feet; thence 11. North 800 56' S3" West 174.79 .feet; thence 12. North 74° 36' 40" West 193.55 feet; thence 13. North 55° 10' 09" West 205.86 feet; thence 14. North 260 SS' 16" West 114.55 feet; thence 15: .North 2° OS' 12" West 178.72 feet; thence 16. North 329 30' 23" West 168.89 feet; thence 17. North 60° 42' 33" West 476..62 to the Northeasterly right of way line of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in Book 1037, page 269, said Official Records. • PARCEL 3: (Big Canyon) A.relocatable easement 10,00 feet wide for pedestrian and bicycle trail purposes the Southerly, Southwesterly and Westerly line of which is described as follows: Commencing at the Southeasterly corner of 'Tract No. 5425, as Per map filed in Book 199, pages 1 and 2, Miscellaneous; Maps, records of said County, said corner being . in the Northwesterly right of way line of Jamboree Road 131.00 feet wide as described in a deed to the ' City of Newport Beach, recorded in Book 7964, page 631,. Official Records of said County; thence 1. South 270 19' 32" West 358.63 feet along said right of way line to the beginning of a curve . therein concave Northwesterly and having a radius of 5950.00 feet; thence 2. Southwesterly 403.16 feet along said curve through an angle of 30 52'' 56" to the TRUE POINT OF BEGINNING; thence leaving said line non - tangent 3. North 60° 03' 44" West 218.15 feet; thence • 4. North 49° 11' 16" West 148.51 feet; thence 5. North 38° 26' 23" West 210.21 feet; thence 6.. North 31° 21' 08" West 168.11 feet; thence 7. North 46° 13' 08" West 212.86 feet; thence 8. North 70 24' 42" West 139.21 feet; thence 9. North 24° 4.2' 40" West 68.14 feet; thence 10. North 10 26' 29" West 64.11 feet; thence 11. North 44° 53' 13" West 243.87 feet; thence 1.2. North 870 55' 49" West 166.85 feet; thence 13. North 71° 12' 15" West 122.38 feet; thence 14. South 87° 14' 34" West 355.45 feet; thence 15. South 88° 08' 04" West 226.68 feet; thence • 16. South 62° 48' 1.8" West 320. 75 feet; thence 17. North 860 22' 34" West 110.46 feet; thence 18. North 690 52' 48" West .132.64 feet; thence 19. North 210 29' 54" Cast 51.18 feet; thence 20. North 13° 36' 05" East 15.53 feet to the Southeasterly right of way line of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in Beek 1037, page 269, said Official Records. The Lastcrl.y line of said casement is to be prolonged Northerly so as to terminate in the Southeasterly line of said Rack Bay Drive. PARCEL 4: (Dover Shores South) A rclocatable casement 10.00 fact wide for pedestrian aAd bicycle trail purposes over that portion of Lot 2, said Tract No. 1125, tbe.Southeasterly line of which is described as follows: Beginning at the Southwesterly corner of Lot D, Tract No. 4224, as per map filed in Book 157, pages 1 through • 14, Miscellaneous, Maps, records of said County.; thence North. 280 00' 00" East 49.58 feet along the Northwesterly line of said Lot D. The Northwesterly line of said casement is to be prolonged Southwesterly so as to terminate in the Ordinary High 'ride Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. PARCEL 5: (Easterly from Irvine Avenue N/0 Santa Isabel Avenue) �. A relocatable casement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: Beginning at a point in the Easterly right of way line of Irvine Avenue, 100.00 feet wide, as described in a deed to the City 'of Newport Beach recorded in Rook 8282, page 708, Official Records of said County, said point. being North 110 32' 22" Past 11.08 feet along said right of why line from the Southerly terminus of the course whose center line is described as North 100 50' 26" (East 189.18 feet in said deed; thence North 730 30' 16" Oast 248.16 feet; thence South 57° 45' 17" Last 151.80 feet to a point that is North V O1' 52" West 51.1.3 feet from Station No. 70 of the Ordinary High Tide Line as described in the final decree entered in Case No. 2043.6 Superior Court of said orange County. The Northeasterly line of said easement shall terminate in a line that bears North 53° 221 27" East from the Southeasterly terminus of said center line and Westerly in said right of way line, and the Southwesterly line of said easement .shall terminate in a line that bears South 36° 43' 20" west from • ' said Southeasterly terminus and Westerly in said right of way line PARCEL 6: (Easterly from Irvine Avenue S/0 Santa Isabel Avenue A,relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: Beginning at a point in the Easterly right of way line of Irvine Avenue, 100.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 8603, page 885, Official Records of said County, said point being on a curve concave Westerly and having a radius of 420.00 feet., the center line being described as having a radius of 370.00 feet and a central angle of 63° 43' 00 ", said point being Northeasterly 448.27 feet along said curve from the Southwesterly terminus, a radial to said point bears North 69° 22' 08" Cast; thence from Said point of beginning South 870 59' 13" Cast 407.40 feet to a point that is North 22° 28' SS" West 166.18 feet from Station No. 73 of the Ordinary Iligh Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. The side lines of said easement are to be prolonged or shortened So as to terminate Westerly in said right,of way line and Easterly in a line bearing South 60 26' 13" East and passes through the Fasterly terminus of said center line. PARCEL 7: (Mariners Drive) An easement for pedestrian and bicycle purposes described as • follows: Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 42.24, in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County, being in boundary of said Tract; thence 1. North 69° 51' 31" Cast 30.00 feet along said boundary; thence 2. North 20° 08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of 50.00 feet; thence • 3. Northwesterly 88.61 feet along said curve through an angle of 101° 32' 1.3 "; thence non - tangent 4. South 20° 08' 29" East 122.27 feet to said boundary; thence 5. North 690 51' 31" East :30.00 feet along said boundary to the point of beginning. 0 1'I.( III II 11:'l I£1'.',e:�..:, 1'.I1 L, "Iv j) 4116111 I I:;1'f IIII II:U MALL TO: Space above this line for Recorder's use EXHIBIT 8 4/7/75 GRANT OF EASEMENT THE IRVINE COMPANY, a West Virginia corporation, hereby GRANTS JOINTLY to the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation, a non- exclusive, relocatable easement, for vehicular, pedestrian and • bicycle ingress and egress purposes over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof., SUBJECT TO: (I) Covenants, conditions, restrictions, reservations and easements and rights of way apparent or of record; and (2) .Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such relocation shall grant to Grantees a like and similar easement giving Grantees reasonably comparable access to the real property described in that certain • Grant Deed from The Irvine Company to the State of California recorded in Book page of Official Records; RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not interfere with or endanger the use by Grantees of this easement, EXHIBIT 8 4/7/75 I including but not limited to the right to construct, relocate, repair and maintain pioelines or other facilities for utilities on, in, over, under and along, said land. Grantees shall be obligated to maintain said easement. Neither Grantor nor Grantees shall be obligated to make any improvements on said easement, but either may do so at its own expense. If Grantees make any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantees for such expenditures. Grantees agree to indemnify Grantor against., . and to hold . Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by any negligence of the Grantees, or their employees or agents, -or by any act or omission for which Grantees, or their employees or agents, are liable without fault, in the exercise of the rights herein granted, save and except in those instances where such loss or damage or inJury or death is proximately caused in whole or in part by the negligence of the Grantor, its successors or assigns, or their employees or agents, or by any act or omission for which Grantor, its successors or asst Pns, or their employees or agents, are liable without fault. DATED: , 1975 • THE IRVINF. COMPANY By President By Secretary 2. STATE OF CALIFORNIA / ss. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said • County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Grant of Easement to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of .Supervisors of the County of Orange, pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 1975, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 1975. • ACCEPTED: CITY OF NEWPORT BEACH By Mayor APPROVED AS TO FORM: By City Clerk City Attorney 91 (Constellation Drive) A relocatable easement 30.00 feet wide for emergency vehicle ingress and egress, pedestrian and bicycle trail purposes over that portion of Block 52, Irvine's Subdivision, in the City of Newport Reach, County of Orange, State of California, as per map filed in Rook 1, page 88, Miscellaneous Record Maps, records of said County, the Southeasterly and Southerly line being described as follows: Beginning at the.. most Easterly corner of Constellation Drive • as shown on a map of Tract No. 4224, filed in Book 157, pages 1 through 14, Miscellaneous Naps, records of said County; thence North 400 4.0' 01" East 29.50 feet along the boundary of said Tract to the beginning of a curve therein concave Southeasterly and having a radius of 170.00 feet; thence Northeasterly 114.23 feet along said curve through an angle of 38° 30' 00 "; thence leaving said boundary North 79° 10' O1" East 323.01 feet to-the Ordinary High Tide Line as described in the final degree entered in Case No. 20436 Superior Court of said County. The Northerly line of said easement shall terminate Easterly in said Ordinary High Tide Line. EXHIBIT A I i I LEGEND Land, Relocatable Trails and Entry Points to be Dedicated to Public Agencies in Settlement of Prescriptive Rights Lawsuit. EM Fee Land to be Acquired by the Department of Fish and Game. Patent Land to be Acquired by the .............. Department of Fish and Game. Tidelands Held in Trust by Orange DRIA County. Upper Newport Bay Sale to State of California -4j .............. Upper Newport Bay Sale to State of California -4j ,4 V, -7- 7: FAN 77 X Nmember?,1974 North L .............. IV /* LJ k I Ap ,4 V, -7- 7: FAN 77 X Nmember?,1974 North L MEMORANDUM OF UNDERSTANDING, The State of California (herein "State "), through the Department of Fish and Game (herein "Department "), and The Irvine Company (herein "Irvine "), agree that it would be in their mutual interests to arrive at a.method by which the public can acquire ownership of those portions of Upper Newport Bay which have coastal wetland habitat value although funds are not immediately available for such acquisition. It is recognized that the State is acting in cooperation with the County of Orange, the City of Newport Beach, the State Lands Commission, and the Wited States Department of The Interior, all of whom have a significant legal and /or policy interest in the objective of the transaction. The Depart- ment has determined that certain of Irvine lands in the Upper Newport Bay area have value as fish and wildlife resources and that it desires to acquire such lands in order to establish an ecological reserve and /or wildlife refuge. T: a. Impedi.ment:; to title, including pre;:criptivc rights and the public casement for navigation, commerce and fisheries (in this determination any and all matters developed tarough the County of Orange will be taken into account and the State and Department shall keep representatives of the County inforin ^_d of any .`information they develop in this regard); b.' Extent of access available to the Lands. 4. The Department and Irvine shall, upon the conveyance of those Lands, diligently pursue all reasonable methods of obtaining funds or other consideration to satisfy the agreed purchase price. 5. The terms pursuant to which Irvine will convey the Lands to the Department shall be determined, and shall include the following: a. The conveyance shall occur no later than June 30, • 1974,, and shall be for the purpose of establishing an ecological reserve and /or wildlife refuge, and related uses. Title shall be taken by the State of California or its nominee approved by the parties hereto. ''b. The purchase price shall be the appraised value determined under paragraph 2 above, reduced by the value of the factors under paragraph 3 above. e. Irvine shall offer to the Department certain induce - ments mutually agreed upon that will encourage the Department to make or cause to be made early payments for the Lands; d. The Lands shall be parcelized and a portion of the purchase price shall be allocated to each parcel. A sequence for paying for the purchase price for the parcels shall be agreed upon and in any event all parcels shall be paid for within ten (10) years from the date of conveyance. Any parcel that has not been paid for within such period of time shall be re- conveyed to the Company; e. During the ten (10) year period Irvine shall have no right.of entry or right to use the Lands beyond those rights normally afforded the general public upon said Lands; and f. Department shall have the full right of occupancy and use of the Lands during the ten (10) year period but shall not be permitted to caange the character of any portion of the Lands not yet paid for in such a way as to diminish the value of Irvine's reversion without the consent of Irvine. M2- 6. Tho conr,umination of the transaction .hall be contingent upon the.followitug: a. Irvine receiving an opinion from the Attorney I General on behalf of the Department that the .,transaction described above would effectively remove the Lands from the imposition of real property taxes; b. A settlement of the case of County of Oranpc v. The Irvine Company, et al., Orange County Superior Court No. 17414b, involving the issue of prescriptive rights whereby such settlement Hill be mutually agreeable to Irvine, County, and State. 7. Irvine will supply to the State and Department a preliminary title report covering these Lands, as a prerequisite to further negotiations, which is subject to approval of the State and Department. • 8. Irvine will furnish the Department with a CLTA policy of standard title insurance with extended coverage in the amount.of the purchase price at the time of the original transfer, subject only to the exceptions and conditions set forth in the approved pre - liminary title report. 9. This memorandum of understanding is merely an agreement to agree and should not be interpreted as a binding contract. Before this transaction regarding the purchase of Irvine's properties in Upper'Newport Bay is consummated the final documentation shall be Submitted to the County of Orange and the City of Newport Beach for their review and co;.nent and the documentation shall thereafter be subject to the approval of the Board of Directors of Irvine and the appropriate State agencies. STATE OF CALIFORNI through the —� DEPARTMENT OF FISVAAD GAt,X Date 1. L:--1: 7i/ THE IRVINE COMPANY By : I �, / /.y� :1 �J/, l /, � Date 3// 17� Raymond L. Watson, President T- -3- THE IRVINE COMPANY COPY OFFIO:: OF YII!: ATILUSKY CF.SI!IM. - . 7r��artl±li�llt of �;�t_;iirr ' fACBA4 [NTG 9 +ft1� 141, March 22, 1974 Z� �9jy, llonornble Ceor c n:ly Arnett birnc!'nr ... t 1)cpnram_nC of FL;h and QiilaT: ' 1416 tlinth Strccl: Sacramento, CA 95814 ' Dear Mr. Arnett: • This is in reply to your letter of January 22, 1974, in which you requested our opinion with respect to the follow- ing question: Can the County of Orange, immediately upon the sale of property by as indivi6ual to the Statc of California, remove from its tax rolls such property where the property is being sold subject to certain limitations and conditions? Our conclusion is as follows: , The County of Orange, immediately upon the silo. of property by an individual. to the State of Cali.forni.a, can remove fror.+ itr. taz ro].ln such properL'y o;here t!se p operty i.s hot.nB sold subject to certain limitations and condition. ANALYSTS The factual background regarding this transaction is as follows: • a, The'State Department of Fish and Caa:e would like to purchese parts of Upper Nccl3art Bay from the Irvine Company. b: Ibe land shall be pa_-cel.i.zed End a portion of the purchase price will be allocated to each pircel.. EXHIBIT 11 N llonoj :able George. Ray Arnctt -2- March 22, 1974 c- A sequence f:or payi.ni; fair t:hc purchase pr.icc fol. laic pin cc].s shall- bc. af;rccd upon between the prirt:i.es and i_n any crvcnt all parcels shi1J. be paid within ten years from the date of the conveyance.. d. Any parcels that arc not so paid for shall be reconvcycd by the State back to the Irvine Company- /- e- 1)uri.n" the tcn -ycar period the Irvine Company shall have no right of entry or right to use all. the parcels without: the express approval of the Staff :c - • f- The use of al.l. the parcels shall be limited by a deed restriction enforceable by a reversi-cnary clause to use saicl parcels as an ecological reserve and /or wildlife refuge. g. The State shell have the full right: of occu- pancy` and -,.use of the ,parcels during this Air - L�1�.y�xrC� Intl -but shall. not be permitted ctI acct r off , the lan�3s in such .c t4toy" ta»i�t- f:nlghtq value_ at Irvine Com s713 f ' s`ipi1 ,Wakthout- the consent of To det-.e» nine whether or not the County of Orange should vc-mcivc: the ent-i-rc piece of property subject to the above -lr.nnsaet:i-on from its tax rolls at the outset of thi -s trans- • action, we must first of all e%ami-ne California Constitution, art{cla XIII, section 1, which exe-npts fray tw:at-ion all property belongi.n,; to the State or to tiny county, city and coulQy, or municipal corporation %!::t-hin the State - This .providia, in hart, as fol-l.uws: "All property in the state except: as other- Wise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in prepor-tion to its value, to be ascertained AS p: :ovidcd by law, or- as hereinafter provided , proPcrty - - - such as may.bel.ono� to the United States, this. st-atc, or to any county, city and count)-, or municiperl corporation within this stage shall be e::empt from taxation. 0 . 0 17J Honorablc! 11\ay Arn(:L-L: -:5.- Marc.1i 2.2, 19'/4 The coll-1-t!; have F;Lat:cid tilizic A uhmj III arc J!, e I X.! ra 3. 1 Y s- L) - -i(:tly co!]�;t:rucd, all public: prop(�j:Ly is co; v:J CI ,C1crO czempt and is 1)()C. to he tat :cu is 1l1Lho1 J.t:y or t: a L. I1.j!;zidr-n- v, Com [ -� of 14 �, 1(' Ai .,c., ,:, H:� Cal. 171 ( 1 TldS to aff bO.Ons- ill, Lo thrr St:--It:c of californi�l. It is i-Imlaccrial. how Hic l:,ecl, whe(J-1c:1- iv. 5-!; oper--itiv(: 0)' liol-loperative, or whC-01c.l: uscd in a propriet-,iry or gcvC!-rnironTi196.- :-ic: .,ourf: so stat(,d in 0 .1w ( ))j.!;L. V. Y` (!i-f , 1.3 Cal-.2-d 191 Tj V-- 11(: fact L!wtt: Lhr! property involved has boon Jy (1(,,tcr,-mj.jjctd tc) •,>a 11( T (I or usc:cl by tile, p 11 of: i I I <1 i 1: (11 ) 17 1 (-: L ;I I o t. 11, (1 net in ally way be (Icentod to (IcLy,-.of frm 1110 force of that which has !;i.!:iA with rcg.,.ird to die con- clw;-ion we hov; vcach('(] Olzit, 1111de): the: coliscicil- w!,,ich owYic:rF;1i4.p the sol.e test of 0;<C'mj)Lion, V-11c: use to which the property is put would be The court. made -a s;j,mjj,-13: s.t:zitom :nt in (A nn-Cohmn T.rr. Dis-L. V. Olut, 31 CA—App.2d 619, 6Vi Thus, din cc),n ;(:s cjc)wjj to, 0): not 01c: property in qucst.i.avl wi ' 1-1 "bulol-q," to A(!3 stpt(' C)LE Califolmi'l after the cxecuti.oil o.f. clic'. In SulLr.! Land Settlement p3wird V. !Icn(iQrsor, 197 cal. /107 (1925 ) � I-Ale Ca ikorlu.a Supu(ni1e Court st"itc?(I Lj-jat the Wold "Ibc1cm;-," cicnc)Les an -bliqual.5. f --LOCI of the prop(:rLy and not an o-wncrOij.p subjcct to L:11c collcl.l.tj.(m Lh,'IL it wa!; to be used c1.1:(JZlsj.vc:1Y for govc):n1!1c.l1f:z11 pw:po!:eS. .1n arriving at its concJuFion, die! couru 1:C!r.;m.tC'.d to tilic: n. ttu nl. and ca-clinary uIcaning of tic: turd "Delon(;. t' 1101:11m: error 1p).cs of the t:c zi 11 of the •O):C1 lbolon"j.11- to, arc -ivcn to show that the words tus(!cj in a arc cquivalci-it: r.o 'thc prcperuy of Thu wc)).ds 'bc!lon- to' rir(! equivalent to the VOI'dS I)Y, The primary m.c.zinin- of the word is 'to be the Proparty Of.' 'Lt implies (7 C.J. 1.039) and 11OLe. ) T1103--c i-1; ample authority ill chi�, and other jurisdictions 1 sdictiolls to sust,,11,11 this Construction." Id,, 1180-481. Lnder the circtlrr�st:iiiccs c3csc)-ibcA by you, it appears that,the intent of the SL:Zltc is to purcho--c t:hc CnLirc 1: rope The 13arcelizntioll of the land with an alidc:lticm of- the pilrchasc. price 11lzl(10 to each of the parcels apparmitly is being doac . '1z llonorable Cao]`ge Way Arnett -4- Ma :ch 22, 1.9/'4 so as to faci.li:tate thy: recomcyance. of any part of thc: pl :ol >el:Ly ehould the c:nt:ire purchase price- not be paid for within the ten -year: period, The r.econveyance of a part of the property, namely, a parcel in this case, for nonpayment, if that occurs, would be noLhi.ng more Chan the loo"S of the pl:opcl:ty due to foreclo,urc. The fact that' the property is subjc:ct- to this contingency is not in itself: suffi.ciClIt to negate t:lu: original, completedreon.= veyanc:e. Nor tier we believe th, i:hc right of tax excrnp- tion fails because of the possi.l)i.l.ity of a forocl:osul :e in which titla to Lh(: property might he: lost. The status of t=he pl-ope Y.ty nS. t'z)x: ei:empt or non Cad :- exempt IOh?.lc in the land'.: of an is not al. t'.( ^_:.: by A.':s possible status aftei: disposition by the auChor.i.t:y." 'J;he Flousi_ng, Aut.horit:-, v, Dockweller, 14 Cal.2c1 437, 454 (1:939). • Pact- "e" set out above is further evidence that total owner- ship of the property rests in the State. Fact "f" impos(:s a restriction ou use. This restriction appears to be a covenant concerning the use. of the land. The presence of this restriction will. not make the conveyance any less a completed conveyance. Any violation with respect to the use of the property will be subject. to contractual daIrlaoes for b,.-each or (icatutory rsr:edies as set forth in California Civil Code sections 1460 -1470. However) fact "g" may create some problems. The facts on Chic: point as stated in your letter are some-,.That vague and ., -imbi£.uous as to what: the Stnt(: cannot do with respect to the prop( :):Ly in quc :st-i.on. Nor does your letLcr describe what romedi.es the seller will have if the State should change the • character of the land so as to diminish its value to the ncllc:r, This rCstri.ction may take the form of a condition suhs�quenL, Lhat is, "a qualification annexed to an estate by the grantor, ::pon the happc-:ni_ng of which the estate granted is enlarged or defeated , is cleated by the mutual agreement of the pnrtics and is binding upon both. " i-loc v. Gi.cl :, 116 CaI *App_ 403, 419 (1931). This condition Mould he more specifically and clearly spelled out, either as a covenant or' a l;r:Stl: fiction, so as to expressly provide that the con- V(-')';'!Ice is i,uide try thc: Trvi.ne Cmiipally to the State of Califurni.a on certain conditions and provide for the remedy Honorable Gc :orl,,c: Ray Arndt -.5 -, 11�11:ch 211, ]974 for such a breach of conditions by the Stato. An e>:press Stat-c:nvent to Hli : offccC will elcar.l.y sho",l the intent of the par . If that is clone, Chen tho State of Cnl.i.for.nia as the grantee cf'that property subject to a covenant or a condition wiihl be the owner ci`. a face simple, that is, a gr:antec with complete rights of owncrshi.p. Shields V. Bank of Aino_uica, 225 Ca I. App. 2d 330, 334 (1964). Whifc fact' ?,' !;C, 111s tosug c:st that the Irvine Company +nay wish to retain a po-:s:ibil.ity of rcvcirtcr., we would not reconanend that the cicod he drawn in that fashion. Nev(:rthol.(:;:s, a possibility ' of rcVC).—tci: w0111-ci not: prr.vcnt tho SLaLC from pr.cscsntl.y o,oning a fuo simple. "It would Seem that The mcro possibility of forfc:i_turc of title for breach of condition subsecgticnt could not - r-rc--t that vcstcd i.nteresf,., her un7c ,s or. u:rtil the owner of the .- cvc.rsi.onary ri,gnt has involved the condition by reentering or suing in so+ :�c form for dcolarati_on of termin- ation of the grantec's tittle." Taylor v. Conti_ne:ntal Feather Corp. , 131 Ca1.App. 2d 267, 274 -275 (1- 59); Giv f Gone' sect.i.cit In view of the foregoing, and particularly if the conditions are more specifically spelled out, we are of the opinion that the entire parcel. of property should be r. , :iovcd fro;n the ta\ rolls of Orange County at the onset of this transaction. If you have any further questions r.egarcling this matter, plcaso feel free to call upon us at any t.inu. CCl : v c Very truly yours, EVLLLL J. YOUNG1 R Attorney General er Ciiiflx LIS -S C. Deputy Attorney General • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 9xv. not MILK# GIBSON, DUNN & CRUTCHER By: Robert S. Warren By: Richard G. Duncan, Jr. By: Bruce A. Tester 550 Newport Center Drive Suite 800 Newport Beach, California 92660 Telephone: (714) 644 -2071 (213) 488 -7326 Attorneys for Defendant and Cross - Complainant, The Irvine Company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, et al., ) ) NO. 194 245 Plaintiff, ) VS. THE IRVINE COMPANY, "etc., et al., Defendants. THE IRVINE COMPANY, a West Virginia corporation, Cross - Complainant, vs. COUNTY OF ORANGE, a political corporation; CITY OF NEWPORT BEACH, a municipal corporation, Cross - Defendants. STIPULATION FOR DISMISSAL OF ACTION AND ORDER STIPULATION 1. This Stipulation for Dismissal of the above- entitled action is made by and between Plaintiff and Cross - defendant COUNTY OF ORANGE ( "County "), Defendant and Cross - complainant THE IRVINE COMPANY ( "Irvine "), Defendant STATE OF CALIFORNIA ( "State "), Defendant 3ACH BEVASH, Defendant AATHERINE BEVASH, Defendant DOVER SHORES COMMUNITY ASSOCIATION, and Cross- Defendant CITY OF NEWPORT BEACH ( "City ") by and through their respective attorneys in light of the following facts: Exhibit 12 • • 1 (a) By Minute Order dated June 1, 1971., the County Board 2 of Supervisors directed the County Department of Real Property 3 Services ( "Department ") . . to prepare a complete inventory of 4 all public - owned properties-and prescriptive right areas in Upper 5 Newport Bay and adjacent areas." 8 (b) In April 1972, the Department completed a report 7 entitled "Upper Newport Say Study of Public Rights and Access" and 8' on May 1, 1972, transmitted said report to the County Board of Super - 9 .visors with the following statements made in the transmittal letter: 10 'This study identifies within the study area all 11 recorded rights and potentially perfectible 12 prescriptive areas, as well as tideland grant 13 restrictions on both 'private and .public. property. 14 15 "An area generally bounded by Pacific Coast 15 Highway, Jamboree Road, Palisades Road (now 17 Bristol Road] and Tustin and Irvine Avenues 18 was investigated for the Study. 20 "All private property adjacent to the Upper Bay. 21 was inspected to ascertain the extent of public 22 use The title staff of this Department physically 23 walked the perimeter of the upper bay examining 24 and photographing all visible signs of usage by 25 the public. Photographs and exhibit maps in this 28' study identify these areas where possible 27 prescriptive rights exist." 28 (c) In May 1972, the County Board of Supervisors directed 29 that a lawsuit be initiated alleging that certain parcels of real 30 property within and adjacent to Upper Newport Bap are subject to pre 31 scriptive rights and pursuant to that .directive the above - entitled 32 action was initiated by County "on behalf of the People of the State M". OW i anmu I 2 I • 1 of California" on July 14, 1972, naming the State, Irvine and 2 certain other private parties as defendants. 3 (d) Irvine., up6A, being served in this action, cross - 4 complained against the County and City for a refund of property 5 taxes paid on the affected parcels and against the County only for 6 inverse condemnation_ 7 (e) The State, acting through the Attorney General, 8 acknowledged service of the County complaint herein and has had an 9 open extension of time in which to file an appropriate pleading. 10 (f) In 1974, . the County and Mary C. Bayless, John 11 Connell, Michael J. Connell, individually and as trustees for the 12 Mary C. Bayless Trust, executed a Stipulation for Judgment Quieting 13 Title to Real Property whereby the County's title to a public 14 access easement was quieted as to a portion of the subject property 15 and the private parties' title was quieted in the entire parcel 16 subject to said easement. A judgment in conformity with said 17 stipulation was entered herein and was recorded on March 13, 1974, 18 in Book 11093, page 1811, Official Records of Orange County. 19 (g) The interests of Defendants Stan-Shaw Corporation 20 and John F. Butler and Irene M. Butler no longer exist in any of 21 parcels of real property described in the complaint filed in the 22 above action by virtue of that certain reconveyance recorded in 23 Book , Pages et seq. of official. Records of orange 24 County, and all of those . interests have now revested in Jack 25 Bevash and Katherine Bevash. 26 (h) During the pendency of this action, the State. and 27 Irvine have been engaged in negotiations for the State's 28 acquisition of certain portions of the Upper Newport Bay area 29 having coastal wetland habitat value, and resolution of this action 30 is a condition precedent to such public acquisition. 31 (i) The State and County have independently reviewed the 32 factual situation giving rise to this action and based upon that E 1 review have reached an agreement with Irvine and the City whereby 2 W the effect of the alleged prescriptive rights in parcels to be 3 purchased by the State has been reflected in the price to be paid 4 for such parcels by State to Irvine.; (ii) Irvine will convey 5 certain parcels and grant certain easements to the State and City 6 in return for which; (iii) prescriptive rights claim to all other 7 parcels will be abandoned by State, County and City (except as 6 noted below); and (iv) this action shall be dismissed with preju- 9 dice (except as noted below). This settlement is more fully set 10 forth in Article 3 of that certain "Upper Newport Bay Settlement 11 Agreement" recorded in Book , Page of Official Records 12 of Orange County, which is incorporated herein by this reference. 13 2. Therefore., in light of the foregoing, it is hereby 14 stipulated between all parties as follows: 16 (a) with the exception of the interests affected 16 by the previous judgment entered herein, this entire action shall 17 be dismissed with prejudice as to the County and City as to all 16 parcels described in the above - entitled complaint or referred to 19 in said County "Upper Newport Bay Study of Public Rights and 20 Access" and County and City covenant not to .bring a lawsuit al- 21 leging prescriptive rights over the areas generally described in 22 paragraph 1(b) hereof. 23 (b) with the exception of the interests affected 24 by the previous judgment herein, this action shall also be dis- 25 missed with prejudice as to the State except that such dismissal 26 shall be without prejudice as to the property described . as follows: 27 All those lands lying between the perimeter boundary 26 described in Exhibit 1 attached to the Upper Newport 29 Bay Settlement .Agreement (recorded at Book , Pages 30 et seq. of the records of the Orange County Recorder) and 31 that certain boundary line described in Orange County 32 Superior Court Decree No. 20436, Orange County v. Irvine VM,MtcO 0 E 1 Company, recorded May 6, 1926, in book 651, page 72 of 2 Deeds,'Orange County Records, being portions of Blocks 3 4, 5, 51, 52, 53, 55, 56 and 57 of Irvine's subdivision 4 as shown on map recorded in book 1, page 88, Miscellaneous 5 Record Maps, records of said County. 6 Excepting therefrom that portion which had heretofore 7 been occupied by the salt works under lease, license, or a other agreement, written or oral. 9 (c) This dismissal shall apply only to those 10 rights and interests of the public arising by virtue . of the rule 11 set forth in the case. of Gion v. City of Santa Cruz, 2 Ca1.3d 29 12 (1970). 13 (d) The reference to Public Resources Code Section 14 6308 appearing on page 2, line 15 of the above- entitled complaint 15 is in error and is hereby stricken inasmuch as this action does 16 not involve any issue relating to the title or boundaries of 17 soverign tide and submerged lands granted by the State to the 18 County. 19 (e) It is agreed that the State has only appeared 20 herein acting through the Attorney General of the State on behalf 21 of the People. 22 (f) in addition to the foregoing, it is understood 23 and agreed that this dismissal shall have no effect upon the 24 retained public trust easement for purposes of commerce., naviga- 25 tion and fisheries over the - tidelands owned by Irvine pursuant 28 to Tidelands Patent No. 204. Nothing herein shall in any way 27 qualify or affect paragraph 2(c) of the Stipulation, however. 28 29 30 31 32 wn:WSCOW 1 5 luj • 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "M gIIR A CM g1 (9) An order dismissing the above - entitled action in conformity with this Stipulation shall be entered in said action. DATED: 1975 EVELLE J. YOUNGER, Attorney General By Attorney for State on behalf of People ADRIAN KUYPER, County Counsel By Attorney for County DENNIS O'NEIL, City Attorney By Attorney for City GIBSON, DUNN. 6 CRUTCHER By Attorneys for Irvine, Jack Bevash, Katherine Bevash, Dover Shores Community Association ORDER The above - entitled case is dismissed in accordance with the provisions of the foregoing Stipulation and IT IS ORDERED that all parties hereto shall comply with the terms of this Stipulation and Order. DATED: 1975 6 JUDGE OF THE SUPERIOR O T i 263 20 Is FX111DIT 13 AMENDED IN ASSEMBLY, MARCH 3, 1975 CAUFORNNTA LEGISLATURE. -1M76 RE.CULAR SESSION ASSEMBLY BILL No. 83 ::... . . . Introduced by Assemblyman Badham December 3, 1974 REF'ERnm •ro COMMUTEE ON RESOURCES AND LANV USE • An act to amend Section 1 of Chapter 526, Statutes of 1919, C end to repeal Chapter 20619, Statutes of 1S57 relating, to eeelegfieal reser+e9 sovereign landsgranted to the County of Orangein trust. - LEGISLATIVE COUNSELS DICES? AB 83, as amended, Bad-ham (Res. & L.U.). Ecological reserves: state land in Orange County. Under eldsting law certain tidelands and submerged lands have been granted by the State of California to Orange County upon certain trusts and ccdd:bom for tbuir use and subsegueativportionsofLSesar 2ntedlJrd;weredeclaredto be no longer in fact tidelands or submeroedlz�ds and Osage County Isas• permitted under certain conditions to convey such portions of land . This bill would repeal the provisions oflaw which declared such Iands to be no longer tidelands or submerged Ian &- a,7 OF which granted Crange County the suLSorit}; as specified, to convey such lands and wouldprovide that such lands may also be used for purposes of pubb'c r ear ean'on and preservation in a natural state and as an ecological reserve af.-1 The bill would • permit the county to grant portions of the lands to the State Department of Fish and Cause for rxeh ecological reserve 263 20 Is FX111DIT 13 - - - -- - - AB 833 _2_ purposes and to the City of Newport Beach for public beach purposes. The bill would further provide that if the depart - ment or the cityfa.ils to use the lands for eee icul ti the specified purposes the lands shall revert to the county. AB 833 _2_ purposes and to the City of Newport Beach for public beach purposes. The bill would further provide that if the depart - ment or the cityfa.ils to use the lands for eee icul ti the specified purposes the lands shall revert to the county. Vote: majority. Appropriation: no. Fiscal committee: yes.'.:: State- mandated local program: no The people of the State of California do enact as follows.• 1 ' ; SECTION 1 Section 1 of Chapter 526, Statutes of 1919, i 2 is amended to read: - 3: Seetierr 4: - -e-re #s lefe4�- gpilnLed ie 0-te, Eerxtty of • 4 Section 1. There is hereby g anted to the County of 5. Orange and to its successors ali of the right, title and 6 interest of t %e State of Calilornita held by said state by 7 + virtue of its sovereignty in and to all that portion of the 8 tidelands and submerged lsn&, whether wed or 9 unfilled, bordering upon and under Novport Bay in the 10 said County of Orange, which were outside of the 11 corporate llrnits of the City of Newport Beach, a 12 municipal corporation, on My 0.5, 1919, 'fie same to be 13 forever held by said county and by its successors in trust J4 for the uses andpui osesandupontheexpressconditions `15 : following to wit: 16 (a) Mat said lands shall be used by said county and its 17- successors for purposes in which there is a general 18 statewide interest as follows .19 ' (1) For. the estoblishrnent, improvement and conduct 20 ofa public harbor, and for the construction, rraintenance 21 and operation i-7'ereon of •wharies, docks, piers, slips, 22 quays, waysandstrcets, and otheruti 'yes, structures and 23 appliances necesszry or con venient for the p:•omotion or 24 accommodation of commerce and navigation, provided 25 that any sucb use ofanv portion of the lands described in 26 subdivision (a) ofSactron 2shall tie permitted onlyifsuch 27 use is compatible and does not unreasonably interfere 28 with the use of an,v portion of said lands for one of the 29 purposes set forth in paragraph (3) of subdivison (a) of 30 this section. C 31 (2) For the establishment, improvement and conduct 2 83 30 17 -3— AB 83 1 ofpubh'c bathing beaches, public marinas, public aquatic . �2 plajgToimds acrd simil .,irrecre.ztionalfacillties open to the .3 general public, and for the construction, reconstruction, 4.. repair, maintenance and operation ofrill works, buildings, 5 facilities, utiUdes, structures and apphwces incidental, 6 necessary or convenient for the -promotion and 7 accommodation of any such uses, provided thatany such 8 use of any portion of the lands described in subdi'vi'sion 9 (a) of Sectrbn 2 shall be permitted only if such use is 10 compatible and dces not unreasonably interfere u th the ' 11 use ofany portion ofsaid lands for one of the purposes set 12 forth in paragraph (3) of subdivision (a) of this section. 13 • (3) For the preservation, maintenance and • 14 enhancement ofsaid lands in their natural state and the 15 reestablishment of the natural state ofsaid lands so that 16 they may serve as ecological units for scicmi1j'c study, as 17 open space and as en vironments which provide food and 18 habitat for birds and marine life, and which favorably 19 affect the scenery and clirnnte of the area. 20 : (b) Ercept as other ise provided in this section, said ' 21 county, or its successors shall not, at any time, grant, 22 conves; give oralienate said I ZI2ds, orarjypart thereof, to 23 any individual, Firm, or corporation for any purposes 24 whatever;provided, that said county orits successors may 25 grant franchises thereon for a period not exceeding 50. 26 years for wharves and other public uses and purposes, 27 and may lease said lands or an y part thereoffor a period ! 28 not exceeding 50 years for purposes consistent ivith the 29 • trust upon which said Jands are meld by the State of • ` 30 California, and with the uses specified rn this section. Al (cJ Said lands shall be irpro ed ivnt.�out e. -pense to 32 the state; provided, however, that nothing cont.-ined in 33 this act shall preclude e.mand irur°s for the development 34 ofsaid lands for any public purpose not inconsistent with 35 commerce, navigal:on and fishery, by G7e state, or any 36 board agency or commission thereof, nor by the county 37 of any funds received for such purpose from the state or 38 any board, a;;ercy or commission thereof. 39 40 (d) In the management, conduct, operation and lands betterments, control of said or any improvements, 2 83 45 20 • AB 83 —4— 'or �. I structures thereon, the county or its successors shall ti 2 : make no discrimination in rates, tolls or charges for any '�''. _. 3 use or service in connection therewith.: 4%*- (e) The State of C'ahYornma sh;dJ have the right to use 5 without charge any transportation, landing or storage 6 improvements, betterments or structures constructed 7 upon said lands for any vessel or other watererzft or F ` 8 railroad owned or operated by the State of California. - 9 There is horebv reserved to the people of the State 10 of California the right to Fish in t1ie waters on said lands 11 with the right of con venient access to said ua ter over said s t 12 elands for said purpose, which rights shall be subject to 13 such rules and reguZ2iions as are necessary for the 14 accomplishment of the usesspecifiedinsubdivision (a) of 15 this section. . :16 . (g) There is hereby excepted and reserved in the ` 17 . State of Callforrrna ad' deposits of mincerals, including oil ; :A8­ and gas, in said lands, and to the State of California, the .. 19 right to prospect lb -, mine, and remove such deposits 20 from said lands. . 21 . - (h) Mthin SO days of the offective date of this statute, `- 22 the county shall grafit to the State ofCalifa,7V,?, acting by 23 and through the State Lands Commission, such portions 24 ofsaid lands as are located within the parcel ofproperty 25 described in subdivision (.3 ) of Section c. for the 26 establrsiznzent, '2'I d improverzrent and conduct of an 27 ecoloo calreserve; provided, however, 6atifat any tirne 28 the Department ofF•'sh and Came no longer uses such 29 portions of the lands so granted by trio county to th& State 30 Lands Commission for such a purpose the lands so j 31 granted shall revert to the county to behold pursuant to. 32 the provisions of this grant. Forthwith upon receipt of 33 such a grant from the county to the State Lands (. 34 Commission, the State Lands Commission shall lease the ( l 35 lands so granted to the Department of Fish and Game. 36 The public benefit shall be the sole consideration to be 37 received by the State Lands Commission from the 38 Department of Fish and Came for saidlease. Anc-and all 39 income received by the Department of Fish and Game r 40 from the lands so leased shall be used orzly in connection 2 83 53 22 I -- 5 -- AB 83 1' with the department's improvement,vid administration 2 'of the leased Lands. l,or purposes of this subdivision, the 3 "'term ecoloo cal reserve means the defini tion g1- pen to the 4 term in Sections 1380 to I x 1, inclusive, of the Fish and 5 Carne Code. The county may grant to the City of Newport 7 Beach, -a municipal corporation, thatportion ofsaid lands 8 which are described in subdivision (b) of Section 2 9 (presently known as North Star Beach) for the 10 estabbshment, and impros crnentand conduct ofa public. 11 beach and related public facilities; proidded, I.ouever, 12 that if at any time the Cii:v of Newport Beach no longer .13 uses said portion ofs aid lairds so granted by the county to 14 the city of Newport Beach for such a purpose the lands' 15 so granted shall revert to the county to be held pursuant 16 to the provisions of this grant. The use of any lands 17 . `conveyed by the county pursuant to the provisions of this 18 subdivision shall be compatible and not unreasonably 19 'interfere with x: v use of adjacent lands in accordance 20 with paragraph (3) ofsubdiwsion (a) and subdivision (h) 21 . of this section. . . 22 G) lhe provisions of Section 6359 of the Public 23 24 25 26 27 28 29 . 30 31 32 tt 33 1. 34 35 36 37 38 C39 40 Resources Code shall not be applicable' to this amendment of the grant to the county. 1. 1. (k) 1"n "e county shall cause to be made and filed mth the State Lands Division, annually, a detailed statement of receipts and expenditures by it of all rents, revenues, Lmics and profits in any manner hereafter arising from the granted 1:3rds or aey::mpro.-emen�­, betterments or structures d.-croon. The DeT:artme .t of Fish and Game and Citv of .Newport Beach, in Lieu of the cvunt- snay make such statements as to any lands conveyed to said department and city-pursuant to subdic-isions (h) and (i) of this section. (1) The provisions of Public Resources Code Sections 6701 to 61-06, inclusive, shall be applicable to this section. SEC. 2. The land described in Section 1 includes the folio wing- (a) All that certain Land, partlyin the City ofNeiiport Beach, all in the County of Orange, State of California, 2 93 90 29 AB 83 6 I being- Lots I and 2ofSectjon 23, Lot] ofSectionaX- Lots 2' 1 and 2 of Section 26 all in Township 6Sbuth, Range 10 3 West, Sxi Bernardino Moddizu7, according to the official 4 plat' of said livid ay shown on a n.i:!p recorded in Book 3, 5 page 7 of Aft5cel•ineous Mnps, records of said County; 6 al - Tideland Patent No. 20-1, from the State of California 7 recorded July 19, 1907 in Look 1, pic,,e 245 of Patents, 8. records of said Cotmty; Portions of Blocks 4, 5, 51, 52, 33, ..9 55, M rnd 37 of lri4ne:5 Subdivision, as per map Bled in 10 Book 1, page 88, A-Kycellaneous Record Waps, records of 11 said County, included within the following described 12 houndaryand any otherland owned bygzantor included 13 within said boundary: • 14 Begianing at the Northeast corner of Lot 12, Tract No. 15 . " 4224, assho wn on a mapRIedin Book Ij7, pages I through 16 - 14, Miscellaneous Nfaps, records of said Orange County; 17 thence along the boundary of said Tract the following 18 described courses. 19 -.IJ.: South 36° 37' 10' East 118.99 feet; '20 0 .-I'South 21022' 0 0 East 26644 feet; 21 3- South 13° 115' 01 ' East 103.13 feet; 22 4. South 4° 18'M' East 214.74 feet; 23:.- 5. South 4'38'291 East .150.28 feet; 24 6 South PO022'24' East I.93.47feet; 23 Z' So utly,30 05' 03' PV&st 6553 feet; 26 8.- South 23*18'09' West 877 feet; 27 9. 50111h 33* 2.9'C60 TMest 272-21 feet; 28 10. South 26'11'31 ' West 2-12.P-9 feet; TVcstI6O.t?3-fi?et; • 30 19 South 2-r 36'j6' 1 Vest 160.31 feet; -31 13. South 29'28' 14" West 36732 !'eel, 32 14. South 100 19'39' idlest 116.92 feet; 33 15. South 0'11'19' East 81.39 feet; 34 16 South 11' 31'250 Last 89.01 feet; 33 17 South 21 * CLY'53'East 162.61 feet; 36 18 South 12° 00'06' Last 6WO. 02 feet to the Southeast 37 comer Lot 45, said 7ract No. 4204- thence leaving 38 said boundary; 39 19. North 77' 33'39' East 8152 feet; thence 40 20. South 4635'28' East 50-93 feet; thence 2 83 IW 31 i. 283 110 33 A383 1 21. South 77" 44' W, East ?4...r feet; thence 22 North 84* 48'20' East ,55.0 fieet; thence .2 23- South 47-2-1'48- E. 59.44 feet to the intersection 4 with a line that is at right angles to the Northeasterly line Of Lot 5,, Sa id. Tract Ivo. 4224, 6 and passes through the Northwesterly comer of 7 said Lot 54; thence 8 24. South PO* a?'29'E-2st -T3. 14 feet gong said line to .9 - said Northwesterly comer; thence along the 10 boundary of said Tract No. 424 the following 11 described courses:. 12 25: North 690 51'31 , East 13000 feet; 13 '.-'26. South 18007'35'Fast 15592 feet; 14 .27 South 7'33'23' Rest L22.82 Let; 15 - -ZY. South 38'f-.5'04' West 1370 U feet; 16 29 South 56'9.9,1'JJ' West 5089 feet; 17 -30. South 54* 03'35' f Vest 127.86 feet; 18 = 31. South 44'44'03' West IRCO feet; 19 '32. South 390 43' 0' West 216.76 feet; 20 33. South 34' 18' 41' West 162.79 feet; 21 -34 South 11' 26'49' Fast 900442 feet; 22 :35.. South 52*53',55' ERst 218.43 feet•. 23 .36 South 28* C6'020 Bast 2u2.59 feet; 24 37. South 20* 31'44' East 59.20 feet; 25 '38. Soqlh 210 30, 6Z` East L-��).X feet; 26 39.' South 33* 06'39' East 2&J. 70 feet; 27 40. South 18* 18'7S' West 21342 feet; 28 41. South 9'51'31' P`est.235.00 feet; 29 42. South 69' 21' 51' West 20971 feet to the 30 -- Southwesterly corner of Lot 60, said Tract No.' 31 4,901; thence leaving said bow2dai1; 32 43. *South 17" tU'2j' West 1066V feet; thence 33 44. South 50'25' S7' West .252 f,9 feet; Thence 34 45. South 41*32'54' West 446.L-9 feet; thence 35 46. South 31'18'49' West 140.46 feet; thence 36 47 South 9' 30'24' West 211.91 feet; thence 37. 48. South 0'40'50'' TMest 3-0. 71 feet to Station No. 110 38 of the Ordinary Hjub Tide Line as described in 39 the final decree entered in Case No. 20435 40 Superior Court of said Orange County, said 283 110 33 0 0 Ain 83 —8— 1 .- : Station being an angle point in the boundary of 2 ' -said Tact No. 4224; thence 3 •49. South 1 ° 53' 09' East 12243 feet along said 4 :__ .Ordinary High Tide Lire and boundary to Stztion ' S No. 111 of said Ordinary 1:righ Tide Lu7e; thence 6 leaving said Line and boundary 7 ; ..'50. East 10000 feet; thence 8 51. South 7' 43' 45' Most 798.21 feet; thence 9 ":: `.;: 52 South 421.00 fes "t, thence �. 10 .:._ 53 East 563:00 feet, thence _Nk - -11 "; .:" 54. North 300 GO' CO' fast 492.00 feet, more or less to 12 .: the most Northerly line of the "Boat Launching 13. Area "described in a le,2se recorded in Book 7W 14 - Page 293, said Ofl;cial Records; thence 15 55. . North 82 017'23 "East 75.001eet, more orless, along 16 said Northerly Erie to St dba No. .07 of said 17 Ordinary High Tide Lzbe; thence 18 56 South 24° 13' 27' E_st 39.30 feet along said 19 Ordinary High Tide Line to the Northwesterly / 20 terminus of i_6,3t certain 80.60 'cot slab of land 21 described in a deed to the County of Orange for 22 Back Bay Drive, formerly Bayside Drive, 23 recorded in Book 42:58, page '16,. Oh7ci J?Records 24 of said Orange County, thence 25 57- North 660 17' .51' East 6.35 feet along said 26 Northwesterly" te.r.?uius to a. point on the 27 Sou th westerly rigntof .vavllneofBackEalrDriVal 28 formerly Palisades Road, 4000 feet bride, as 29 described in a deed to the Corizty of Onwp- 30 recorded in Book 1037, p ?ge 259, said Offafal 31 Records, saidpoint being the begi ming ofa curve 32 concave Easterly and having a radius of 2^_O.CO 33 feet, a radW to said point bears South 65'17'51' 34 West; thence along said l:oht.of way line the - - 35 following described courses: 36 58. Northerly 147.87feet along said curve through an 37 - angle of 38-,70'40-- 38 . 59 North 14° 48' 31' East 93.81 feet; 39 60. North easterly157.19 fee talon, aMO..00footradius 40 curve that is concave Southeasterly through an 2 83 M, 36 ' 2 83 135 38 -9- AB 83 1 angle of 2s, ay, 40'. 2 61. North 42.57' 11 - East 123.69 feet; 3 .62. Northeasterly 6 82 feet along ,,7 220.00 foot radius 4` - curve that is concave S•uthe.-isterly through an 5 w7glo of 16* 52'50 '1- 6 63. North j9' S0' 01 - 8.2.93 feet; 7 64..Nortbi:,.isterly151.56 fcct,,iloiuf a 23200 foot curve 8 that is concave NordiwesterIv through an angle of 9 37-4j'20-; 10 65. North 22' 04'41' East 8.49 feet; 11 66. Northeasterly 374.10feet alon cy.2370.00footra&us 12* curve that is concave Southeasterly through an 13 'angle 57-55'48- 1 - 14 67: North SY €O' 29' East .97 75 feet; 15 68 Easterly 17483 feet along a 1960.00 foot radius 16 17 "': curve that is concave 1`iorther:17 through an angle Of 50 013138�. 18 69. North 74* S6'51 - East 116.34 feet; 19 70. Norti,,easterly 119.54 foet,-Jong a 330.00foot radius 20 curve that is concave Northwesterly through an .21 ­22 angle of 20`95' 20-- :71.. North 54' 11'31 ' r,7,,st M.69 feet; 23 -72 Northeaster& 9250 feet alonira 250.00 foot radius .24- curve L,`at.& COnOaVO NOrthU,,nisterly through an angle of M° 02' 30 _25 26 73.'Arorth 310 09'01 ' East- 3797 le-t; 27 74 Northeasterly 124. 6;5ficet 6:0. 00 foot radius 28 • - 'curve that is concave Southeasterly through an 29 angle of 11-31'10-- 30 75. North 40 40' 11 ' East 19.36 feet; 31 76. Northeasterlyl80 .4 f eet.J7nz a7jOVfbotrad' us 32 �'curve L�at i� concave Nortb;-Vestc�rzv b5rough an • 33 angle of 13' 15' 29 ' 34 77 North 29'24'j1 East 11051 feet; 35 78. Northeasterlyl80.55feet alorzaa L2,30.COfoot radius- 36 curve that is concave Southeasterly through an 37 angle of 4` 58' 40 38 79. North 74* M'31 ' East 71.57 feet; 39 80 Northeasterly13I.&5feetalorga 16O.Cofootra&us 40 curve that is concave Arortb westerly through an 2 83 135 38 17J 0 AB 83 ale of 41 .58'10 '- .1 angle 32� p 6'st 9,31"0 feet; 2 81. North '5121', - MO Oo fool radius '79 .�7fecL alonga terly through an 3 Northwesterly 4 curve that is concave 5 1 f 13* 0'10'* ogle � � 1 , I a or E feet; 6 83. N 180 37' 1 �ast 191.57 f a 7 84, Northerly 160.95 feet along 8 &g oo foot radius C, jj,,,,t6Tjy through an angle 8 curve that is con Of 16* WY20'; 9 North 2'31, 51 --r�ast 112.97 feet; 0 10 ..85 radius I aloe a. 4—W 00 foot rg 11 ..,.86. Northerly 1"-::'u ec jiesterly through an 11w11 12 curve that is concave 1. 13 Of 20* 31' 1 0, , Ive5t 105-M feet; 14 87 North 1 r 5,91 19 .9.4-1 feet -plong, a 580.00 foot 15 88. Nortbwe,5,t,-ijy 21 Soud1tvC.Sterly I dim; curve that is concave 6 .. radius -:40'; 7 thro i zpb an angle of 21 0 4. I feel; 18 89- North T* 39' 39' West j - I rL30 00 foot 19 North! ' 'esterty f.0.18 feet alo,19 a " Southwesterly that is concave Sou . th we .20 radius curve 1. ofFO639'50'; 21 tbrozj,5h arJ an8g. 256.75 feet; 210.00 North C�T 19, 4� foot 22 91. feet- along a Northwesterly 166,14 23 92. radius curve that is concave Northeasterly 24 In ajW,,C of -j�50 23' 00 25 through 1 49, Ve5j-17 f79 feet* 26 93. xortb, 14° .55 -nN ,, on, .jyj6J.72ieet- 1G.C.9foo-tradius 27 94.. Norh e2stel' Lbrovoo'b aR, . curve tbat is CCLIC.2ve Southeasterly 28 _401- 29 angle of 840 53' 'Last 84.37 feet; North W56'5 30 Northeasterly 117.r ��5 f eet filon a 180. 00 foot radius 32 31 96 curve that is concave Northwesterly through an 33 9,0631 fe-t; 34 97. O1f3 along a 380.00 foot radius 35 98. Northerly concave �Vesterly through an a'910 36 curve that is 37 of 55* 23' 00 '1- C9, IVest V-1.47 feet; 38 99. North. 41 48 39 100 North;VCste rjy 0. 32 feet a/Ofl �Lo. 00 foot radius . through az2 .4), 40 curve that is con Northeasterly theas IC p. 83 155 42 PA C. I— I.. I i r, -11— AB 83 1 26 angle of 20* 52' 00 2 101" North IS° 56'09' West 5189 feet; :.3 102. Northwesterly 165.17 feet along a 580.00 foot 4 ::i. : 'radius cures that is concave Southwesterly cuzT a thatis conca ve Easterly through an angle of 1 : through an angle 16° 19' 0, - 6 . - 103. North 32° 15' 09' West 3922 feet; - .7'? :':141. .115.. Northwesterly 93.71feetalonga48000footradius 8 ° curve that is concave Soudiwesterly through an 9 angle of 11.11 ' 10-- 10 105. North 43-26'19- VYest 193.40 feet; 11 -106 Northerly 36721 feet ,Jong a 370.00 foot raous 12. 34 curve thatis concave Easterly through an angle of 13 :. 56° 05'20-; 14 107. Alorth 1'Z6 39' 01 ' East 2J ?..19 fee47 15 .. 108.. Northerly 292.89 feet «long a 17c0.00 foot radius 16 '.: ; .,;, :::: carve that is concave I'Vesterly through an angle 17 .. >::'. of 9° 25' 44 18 109 North 36 13' 21 ' East 14.17 feet; 19 ": 110._ It ortherly 23.33 feet along a 1820.01 foot radius 20 ::;: curve tbatis concave E•scstctly th ough an angle of 21 ` 9614'10° 22 111: North 124 2T 31 ' East 2716 feet; 23 112. Arortherly 236:73 feet along a 116000 foot radius 24 curve that is concave Westerly througb an angle 25.:: of 11 X29' 40; 26 113. North 0° 57' 51 ' last-82.33 feet; 2T: .. 114_ Northerly 19178 feet along a 620.00 foot radius r . 28.­...'.'.. ..... cuzT a thatis conca ve Easterly through an angle of 1 : :29 :. '18°00' OO'; + ` 30 ° ` .115.. �" tcrLS 18° 5T 51 ' EaSt J *feet; 31 7i - 116' IVor- L�easterlyl7li.04%ctalonga IjO.Cofcotrad us 32 curve tr"at is concave Southeasterly through au 33 angle of 64 °57' 00 C 34 117 North 830 S - +' S1 " East 78.48 feet; 35 118. Northeasterly 127 .39feetalonga180.COfootradius 36 curve that is concave Northwesterly through an 37 angle of 400 33' 00 38 119. North 43° 21'51 - East 5799 feet; C 39 120. Northeasterly 184.74 feet along a 1520.00 foot 40 radius curve that is concave Southeasterly 2 83 170 45 • • AB 83 -12- throi.,glian angle of 6*.571`3'l- 2 121. North V' 19' 41 ' E•ist 31.50 feet;. 3 M. Nortbeasterly 218.92 feet along a 14-0.00 foot 4 radius- curve - t]2.-.?t -- -,?:g concave Northwesterly 5 through an angle of 828'30',- 6 M. North.41031' 110 East 4465 feet;. 7 .:--1-124. Northeasterly 194.36 feet along a 122000 foot 8 radius curve that is concave Southeasterly 9 through an angle of 9' 07'40'- 10 125. Xord? 57 j4'51 ' East 6639 feet; 11 126. Northeasterly 3000u feet along a 1780. CO foot radius curve that is concave Northwesterly 13 through an angle of 9'39'30"- t 14 ..'127 North 41'19'21' East 3358 feet; 15.t- -IM. A"orth e.-isterly 164,76 fee talong a VO 60 foo t ra dfus 16! cun• that is conc.-me, Northwesterly through an 17 angle of 2.3* 16' 30; 18 • i29. ,N.7orth 18- 02' 5.1 - East 42- 03 feet; 19- -,= 130..- Northerly 2.16.83 feet -Jong, a 6WOO foot radius 20 curve that is concave Westerly through an angle cur 21 of 21'25'30'- 22 131. North 3* 2.0'3q- Kest 30263 feet; - 23 132. Northerly 2,5524 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 2,5-- - - 39*31'30'- 26.m 133 North 36* 08'51 ' E:st 21-09-feet; 27*...-: 134. Aortheasterly M.36fi-eldoji,,Y,? MO.Nfoofradiris .28.. curve that is concave 5outd':e.2sto.-]V,throurJ2 an 29 angle of 44'26'40-- 135. North 80'35'31' East 628.42 feet; .30 31 136. Easterly 2,8-9.58 feet along, a 320.00 foot radius 32 curve that is concave Southerly through an angle 33- of 51 °51'00; 34 137 South 47 33'29' Last 3.72 feet; 35 138. Southeasterly 113.09 feet along a 355. 00 foot ra&us 36 curve that is concave Northeasterly through an 37 angle of 18- 34' 50 38 139. South 66'07" 59' East 37525 feet; 39 140. Easterly 20908 feet along a 76000 foot radius 40 curve that is concave Northerly through an angle 2 83 180 4T • LI I AB 83 1 of15*21'30' I - 2 141. South 81 * 291.29' East 241.76 fvelt; 142 Easterly 2039 feet along a 9S0.00 foot r,?dfij.s- ..4 curve thatuconcavc Northerly through an 31,1010 5 of 120 11'000- I 6 .'143. North 660 19'31 ' East 57.06 feet; 7 144 E?strrIy 95.37feetalong. -i 2M. 00 f oot radfus curve 8 that is concave Southerly through an angle of 21 9 01,001- 10 145. South th 72' 39' 29' Eat 70.33 feet; - - 11 146. Easterly 101418 feet along a 1330.00 foot radius 12 curve that is concave Northerly through an angle .13 -.'.of4o29'30' 14 147 South 77° 08'.59' Fast 180.02 feet, 15 1 48. Easterly 96.09 feet along a.22- 0.0 foot radius curve 16* ' that is concave Northerly through an angle of 23' 17 01'32' to the Westerly i-erminug of that certain 18 60.00 foot strip of land described in Parcel 2 in a 19 deed to the City of j\,e;;port Beach recorded in 20 Book page 891, said Ofi'cial Records; 21 thence: 22 ''149, North 160. 56' 34' West 19.71 feet along said 23 Westerly terminus to the Northerly line of said 24 stri p said Northerly line being a curve concave 25 Southerly and having a radius 48069 feet; :hence 26 .:'frony a tangent that hears North 73P 03'26" Fast 27 150. Easterly 5a325 feet alone said curve through an 28 angle of W 02'20' to the beginning of a reverse 29 Curve COf2Cd ve Northerly and having a radius of 30 25.00 feet beicy, the Xorth erly lire of Psx eel 3 as 31 described in said deed; thence 32 151. Easterly 17.96 feet aeorg said curve through an 33 angle of 71-23'49- to the beginning of a reverse .34 curve concave Southeasterly and ha i4bga radius 35 of 842.00 feet being the Alorthwesterly line of 36 ... Parcel I as described in slid deems - thence along 37 said Northwesterly line the following described 38 courses., 39 152 Northeasterly 96.16 feet along said curve through 40 an angle of 60 32'37�1- 2 83 190 49 AB 83 —14' `153. 1 North 74' 14'310 East 93. 02 feet,- 2 154. Nordieasterly47c9.44feetalonG a 738 Oofoot radius 3 = . " " " -curve that is concave Northwesterly through an A::.: angle of 36.09 '52 - 5 ... I LV-- North 38' 01 " 42' East 156.00 feet; . . - 6 ".:156 Nor! heasterly✓ 17Slfeetalonga84200footradius curve that 1s concave Southeasterly through an " 8 - angle of 37- 15' 23' to the be,.,,,inning of a reverse 9. curve cone.7ve Arorthwesterly and having a radius: 10 of 6500 foot, the Northerly terminus of said curve 11 ' being tangent to a line that parallel with and F2.00 12 : feet Westcrl r nfthe center line ofjamboree Road, .13 ._. :. 100.00 feet iv de, as described in a deed to the 14 -- .. County of Orange recorded in Book-4110, page 10, : Ofli-ef it ll::cords ofs7iL County; tlerrce. 16 ° 157: Norhheesterly 76.03 felt, more or less; along said 17 ." - :: .;curve throu9j, and angle of 6T' 01, 22' to said 18 ` -. "'. parallel Gnc ,.; thence 19:,:. 158- North 8 °19'43'Fast 4l4.47fect. Jongsaid 20' . parallel line to the Southerly Iei7ninus of Me G ✓esterly 21 .. riglrt:of warm h"ne of jamboree Road, 13200 feet 22." `. wick,; as described in a deed to the City of 23 . , Newport Beach recorded in Book 6135, page 155, 24 said Offei:rl Records; trem-e alone- said rght of 25 " way lure being a curve concave 6 7esterly and 26 having a radius of 2334.0 mrd being tangent to 27 ' ::said parallel lint; thence 28 159. Northerl r ::9.5:99 fer.-t alor. - said curve tl?.rot ugh an • 29 angloof7'15'53'to:al rttt:ereontnatj:YX0.30 30 feet Sout. ?holy of Me l4'or 2erly ternw us of said 31 curve; MV72CO non - tan „rent 32 160. South 68° 30” 16' West 563.43 feet; thence 33 161. North 31 %)19' 56' 6✓est 338..79 fee ;- thence 34 162 North 68°20" 16" East COS 78feet to the beginning 35 ofa curve concave Southerl- aad having a radius 36 of 3805" 00lilet; thence 37 163. Easterly 12157 feet along said curve through are. 38 angle of 1',V'33' to said Westerly right of way 39 lime; thence 40 164 North 6*18' 34' West 416.16feetalong said line to 2 83 2m 52 0 • -15- . AB 83 283= 58 1 the beginnuig of r curve therein concave E� isterly 2 and having, a radius of Itiv:GYl feca; thetnce 3% 165. ti'ord erlyj 71 feet don, s url cVill,& wd ri::ht of 4 way line throug h an angle of 1:'° 07' 49' to the 5 Southerly line of the lzmd described in a deed to 6 the r1'ess;cort Harbor Union ILhll School D.'strrct C, 7 '"recorded in Book 7578, page 670, said of lcial 8 "Records; thence 9 166 North 84' 10' 45" West 1.54.76 feet along said 10 ':'Southerly line to the bep!nningofa curve therein �. 11 concave Southerly arrd having a radius of206V.00 12 -'`'feet thence 13 167 Westerly 61897 feet along said curve and r 14 '? 'Southerly line through a,7 an,;le of 17° 43' 56 15 ' "thence leai4ne said lute non - tangent . 16 168. SouG5 5i° sl' 19' .vest 77,91 -et; thence 17 169 South 64° 51' S4' Wve:ct 161.21 feet. thence 18 170. South 64° 5' 17' Plrest 1&A-9 feet thence 19 171. SWlih 65* 59' 55' West 381.32 feet; thence 20 .17Z South 7j"12'1,2- West 10241 felt thence .21 173. South 12' X' CO' West II N56 feet; thence 22 174 South 3.90 14'10-' West 116.60 feat; thence 23 17j. South West 8719 feet; thence 24 -176' SouG510° 18' 17' ;Y-st lCti.21 fvCt; thence 25 177:. South or c6' 10' West V..65 f,et, thence 26 178. -Soizb 9°5702' Wvec'rt115.7.- jc:ot; t,5ence 27 1-y' South "sS° 35 Si' Wcst 51.11 feet; thence 28 180. South 65 "26' 2' isle: t 63.521,sct thence 29 181. South 84'33' CO' West 1.1° 14 fort; thence 30 18`2. North 70' 40' 37' West 81.60 feet; ti, ence 31 183. North Ocr a5' 32' .'lest I=X- fee,, t.nence 32 134. North 740M'41' 6'lest : 933 f cwt thence 33 165 North 83° -10'51' WYert 149.91 leer, 6Sonce C 34 186 North ,39° 13'32' 1'Yest 31.63 feet; thence 35 187 ' orth 66"23' 31' 'west 147.331 �°et; hence 36 188. North 57° 47' 03' West 633.42.oet; u.ence 37 189. North 672.4' 57' West 2.'9.,50 feet; thence 38 150. North 5J J%' 02' W7est 176.81 r'pet; thence 39 191. Alorth 71'28'33' West 140.11 feet; thence 40 192. North 64' 33' CO' West 91.92 feet; thence 283= 58 • 0 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 �9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -16- - 193. North 76057'50' West 465.50 foot; thence 194, North 93023'12' West lal.19 feet; thence 195. South 47'54'39' I•I'ett 200.9 feel; thence 196. Smith 6'P6- di'•1N' Wrvt 121.00It t, the -ncn 197 North 17S,434' 23' 1 Vest 1.17, 45 fr.vl; thence 198. North 82° 27,21 1 P'cst 26-Z 77 feet; thence 199. North 69045'06' West 25940feet to a pointin that "certain 2050.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control ;" District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radW to said poiatbears South 22°50' 23' East; thence 200.' Westerly 240. 19 feet along said curve through an angle of6° 40' 50' to the Westerly terminus ofsaid curve; thence 201. South 73 °50'27' Glest3er132feet continumgalong ' -" said boundary; thence - 202-North 16° 09' 33' West 8992 feet; thence 203 South 72° 47'43' West 287:56 feet; thence 204 South 82050'a' vyVest P36.64 feet; thence 205. South 675Y 18' West 7719 feet; thence 2C6 South 52' 15'27' West 170.72 feet; thence 207' South 2.5° 1.9'04' Blest 16.97 feet; thence 203. South 6,9`19'51 ' West 417.78 feet; thence 209. South 36° 43,201 West 1900 feet; thence 210. South 22 °53' 42' West 3-9739 feet; thence 211. South 14° 54'39' West- 270.69 n e-. t; thence 212 South 6°51'09' I'Mest 2465 feet; thence 213. South 3° 34' 35' IY'est ,0.17 feet. • thence 214. South 6° 26' 13' Last 961,9 feet; thence . 215. South 30 07'10- F•7st.ZM feet; thence 216. South 1'08'12' East 126.02 feet: thence 217 South r,12'56' West 15642 feet; tl ence 218. South 23° 11'55' West 194.20 feet; thence 219. South 24° 54' S6' West 85.45 feet; thence 220. South -'75'44'05' West 231.46 feet; thence 221. South 33° 17'43' West ,x;'6.82 feet to a point that is North 21 ° 01'19' West 9733 feet from Station No. 2 83 M 61 C t' C 0 2 83 260 63 —17— AB 8i 1 T6ofs: udOrdfn .lryll ? ;fiTWe Line asdcscribedin 2 s:�fd Erna! do erc� above r:! sired to; ftrerrce 3 222 South 2l °01'19'Bast97.33 feet to said Station No. 4 76; thence 5 223. South 0' 24' 52' West 610.51 feet along said 6 Ordinary High 77de Linc to Station No. 77thercof, 7. thence 8..' 224. South. 310 37' 12' Last 430.16 feet along said 9 Ordinary Hirsh Tide Lute; thence 10. 2lu ". South 45' 6V 00' West 181.91 feet to the ' 11 .. Northeasterly Ane ofLot11 ofsaid TractPlo. 4224; 12 thence } 13 226. South 64° 55' 53' East 9037 feet along said 14 Northeasterly line to the Northeasterly corner of 15 Lot 12, said Tract No. 4Z4 and the point of 16. Fie,�irrtrfng, 17 (b) A pa.rrel of land in Upper Newport Bay adjacent 18 to Block 53, Irvine's Snbdf ..-ion, ur the City of Newport 19 Beach, County of Oraz2 e, State of C bYamia, as per map C20 filed in Book 1, page &Y, :1,&ce,'laneous M47ps,. records of 21, - said eoun.'�-• being bowrded as follows.- 22 Bounded on the north and northwest by the westerly 23 boundarlAne of the lands granted in trust to the County 24 of Oran o, pursuant to Chapter 6`6,, Statutes of 1919. 25 Bounded on the south west by the northerster& Ali of 26 North StarLa4a as shown on the nnp of Tract .4Y34, i'c'ed 27 in Book 1,57, page 1, MisceUancous Maps, records of said 28. county 29 Bounded on the east and southeast by that certain 30 parcel described in subdivision (a) of Section 2. 31 SEC., 3.' Chapter 2044 of the Statutes of 1957 is 32 repealed. 33 Qrwtgge fl d le R-j eueee5sat,9 a4 4 4t--- Gtr Ae trflfl- C 34 iMefe,4 of tfte L^i3t@ 4 4eW by, stall sate by- 35 N-irede e 4,3 so-, +eA't t'ig :t7- i'i wr } 'L-a -A uhf -:4 pa:-SOfr 4 tote 36 it&4ti t AtA sa a hmds .,ti- ti-,e m'4 37 heeler Ncrwtxw t w i_}, s4s tt+ ttst fri Qm whie77 38 are ettYsi<le 4 the eftrP5-!t-e h:3x -45 tt 41e Q � 0' : 3af+ C. 39 Beeeh,, a t'3e 411»e to be lere--,w 40 heW'b3 ' st44 eel -y ltfl4 1-:Y 4-9 3.3 t-r-WA fm- the 2 83 260 63 • E i� AB 83 1 c;9es c�Exl t>rir�Exes ertEl Mott �!�e etrxn is eerteiitie�ts 2 to iwra 3. ` {a} &-.-d �bnfig A-A ?te Weci by srssss-j eetzr?y effa by 49 4 9wee so,•a selely fey t'e 5 eot-flrret (4 a s -4 car tk-E- esFaei P OtMA 6 eE >r } uc ': Eir' r, ult ' Yeods ar bren?rvrErtc s fer the 7 Prater Lim of ?wnJo wiuh s it* Ix*erztrif--- or far the 8 Fjreteetiert Of i s iterlr7r e .i1 kr tyre eeA"t- ^ 9 efl4 ear rift Oler•ee=r oc +v4-.f.,rrcq; c 10 piers; slips; etirrys WErys Qn4 9I -eets; a-E} ether trees 11 streetcar`3 Eat a iEszieea ftecessery of eoftyetl". t far tore r 12 promatif^ earyy---� en-a .13 faslgs+re arm the Pet -116'a of t Idr. ti W,4 5E4 14 eertnly- 9l 1 eauniy er i9 "LCr'°7u38? 3 3b_• •_ 'tt. sfyt ti 15 t g�-f4 eenvey- Eir yea s I�tnt�q ap wr{ 16 t 2E`gCL*t to E i?"f F i4i ugol 7� cfi* eel prtnmtt3° 3 ;" a33y - 17 + 1.°J.3e9 'r:h tC�..� r'°�J'4°.2a'G ^u�. x'r ^.!?t 90ta i'9'�39'2:'f 9r fk9 18 513e2es33t J�sf a ?e?s t ,ex fE r s �" z'eEf eet 19 e#eeet �9 yxs i yr w F:�res e �x otter'! a yes end 20 L-uereef fgr r ._ :. 21 a lie ri43:1; nto E`.'EE£t't.._ ^� c3� '>'2 °: 9 f >- zpt3 -- Jese9 eer.5'.5•te5i 22 with t.;-e wae,!.- i *, -&14 r-is tyre f by tl-e Sty 23 ©f es* ,e e- 24 S:{§"i ---j lc-a.7 et et f kr�r .. 25: {�• �t;rC7r iZ�`�flr`+t?i+�i � Lx:�'�n "fi4£Ef �I °3Sfj• ee!~"'�'j" 25 WR)-eut e.5c se to t� e-nte e�,j gh--41 ree"it Q 27 pt*b�- htL- is$ elf poMesea of eerenle?ee sH4 •- y-A the & :tAe of ; ?::f as steels e trt CA iR'f3V-i =bti .: mar, t'.t.... 29 _te+,;i'rt:k1°44t dbele r 30 p4er9; ylik3 ; Vii. -wj'9; tL'� FTC er ir?'�"fl1'2^?@91 9 ea r d Ja o•aa •• -c e, , . n 31 c?�3 sEn•1 ,x�� � a.� :..�;tne=t 3. �. e;.y ve--sA at 4i-ner 32 r•ee -4 ow- - --d er, om- -e -3 by kzie Qtaa of 33 6E -Lferm a- 34 4e} fo the eat ee' c et as eo2�ak of s C 35 fattier EtTM of s.� e t_Pe t �, • »���es ea *PpTtreeEi 36 ate s?ie ea t 4.- } >-e c'�n, in r9t°s 37 te9s er e:aa--oes; em ;-,t f-�f get e er iee 38 eer--teeti" Ote-+ -*4:.4 shc44 ever be orb e t t r er 39 per"4teE1 4 , eet y er `ey i-ts oe ors 'fie 40 abselate righ+ to f6h in ;4*-, ivat^us of °atd wits 2 83 M 66 I0 • C_ 183 280 6T —19— AB 83 1 right of co- weftier4 ever-,-v to ipt1 wrrFer e-, er s:.-i l } -Mx }s €er 2 said pu; px6e t }.trey -re3ervtN4 te> �4e pefn4e of t�, &tie 3 ei Gfthf- vt- rtitt- 4 '�-,1- {4l} ;ck-c e rt try tt <eel l»' t4-te 5 eouftty W,-! 46 srsee --ors ftw tote esF:: nz;c 6 upAmweesttetrF awl eor.4t:i 4 of ftst eeele; -ie-4 resem,e sh-td 7 the eouitt-y, tt?t3y trt:trt ;t). the 4 ? -"33 .... 8 Game m!i It prjr iomi e'tll-3@ tt8 ere 113ta?ttft't 9 upes by z }3e eee my etxl the -F s ftfI4 10 fate for stteh estA- 4.4- -nertt e1-4 ii ftftd 11 eettfkie= of tat theE 12 4 at tarry, t+ttte the 43ep .,-, �terA of melt twin Game tie 13 leftger uwes s of *re leanJa ee. l�- the 14 eawaty to t_`te - ep,tw' nteet for swefr ft pt. rPose O..te lar >f q se 15 gmntecl t3 revert 16 to t?-fe f l heJzA L"ttr.+tlail+ to �e � r9rtr�4t3 t>t tlta9 - c i }17 f"t- 3, t-et t 18 ee s4tr�eal resenF- meatta the JePk- na4ierr gtwft tae the teml 19 is Seehom:3 3689 t9 d ef the Friii &Ffi Game Gede- . : C_ 183 280 6T • • 1 4'LNSON, DUNN 6 CRUTCUER Robert S. Warren 2 Richard G.'Duncan, Jr. Bruce Tester 3 550 ilewport Center Drive, Suite 800 Newport Beach, California 92660 4 Telephone: (714) 644 -2071 (21.3) 488 -7000 5 Attorneys for Plaintiff 6 The Irvine Company 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ORANGE 10 11 THE IRVINE COMPANY, a ) NO. 207 859 corporation, ) 12 ) STIPULATION FOR Plaintiff, ) PERMANENT INJUNCTION 13 ) AND DECLARATORY RELIEF V. ) 14 ) ROBERT L. CITRON, as-Tax ) 15 Collector of Orange County;. ) and JACK P. VALLERGA as ) 16 County Assessor of Orange ) County; COUNTY OF ORANGE, ) 17 ) Defendants. ) . 18 ) 19 20 1. This Stipulation for Permanent Injunction and 21 Declaratory Relief is made by and between Plaintiff, The Irvine 22 Company ( "Irvine ") and Defendants Robert L. Citron ( "Citron "), 23 Jack P. Vallerga ( "Vallerga ") and County of Orange ( "County ") 24 by and through their respective attorneys in light of the 25 following facts: 26 (a) Irvine has filed this action praying for 27 a declaration that certain assessments, taxes levied purportedly 28 pursuant to those assessments and sales to the State of certain 29 Irvine properties for nonpayment of those taxes are null and 30 void and praying for an injunction to restrain the Tax Collector 31 from executing tax deeds conveying certain Irvine properties 32 to the State for nonpayment of such taxes.. Vim. MR a wig Exhibit 14 • 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t 2M. KKR a Mimi (b) The parties to this Stipulation and certain other parties have entered into an agreement known as the Upper Newport Bay Settlement Agreement (hereinafter the "UND Agreement ") recorded at Book , Pages et seq. of the records of the Orange County Recorder. The UNB Agreement provides for a settlement of this lawsuit, certain related lawsuits and other matters whereby Irvine will pay approximately $1,650,000 in taxes (subject to certain adjustments as set forth in the UNB Agreement) upon the properties involved in this lawsuit and certain other properties, and County will cancel all taxes in excess 'of $1,650,000 (as adjusted) which have been levied against those properties. The taxes which Irvine has agreed to pay will be referred to herein as the "Tax Settlement Amount." (c) The UNB Agreement provides that Irvine will sell most of its Upper Newport Bay properties (the "Take Area") to the State of California ( "State ") and that the State will reconvcy the.Take Area to Irvine if full payment for the Take Area has not been made by the State within five years. (d) Certain .officials have alleged that the three islands in the Take Area are not uplands owned by Irvine. The parties hereto agree that County should not retain taxes paid by Irvine on the islands if it is determined that the islands are not uplands owned by Irvine. Therefore, Defendants have agreed that such taxes will be impounded for the period set forth below and that all or a portion of such taxes shall.be refunded if the events specified below occur. 2. ,Therefore, it is hereby stipulated between all parties as follows: (a.) Irvine shall have a permanent injunction enjoining Defendants from collecting or attempting to collect in any way any of the tag year 1969 -1970 through 1974 -1975 taxes in execus of the Tax Settlement Amount assessed against -2- 0 1 2 3 4 5 6 7 8 Irvine's propertier contained in the assessor's parcels listed in Exhibit k hereto. Specifically, but not by way of limitation, the permanent injunction shall enjoin Defendants from selling or executing tax deeds conveying to the State of California or to any other person or entity any of Irvine's properties contained in such assessor's parcels for tax year 1969 -1970 through. 1974- 1975 taxes now or hereafter levied in excess of the Tax Settlement Amount. 9 (b) The permanent injunction shall take effect 10 immediately upon the filing of the injunction with the Clerk 11 of the Orange County Superior Court. 12 (c) Irvine shall have a declaration that the 13 tax year 1969 -1970 through 1974 -1975 unpaid taxes, penalties 14 and interest in excess of the Tax Settlement Amount levied 15 upon Irvine's properties contained in the assessor's parcels 16 listed in Exhibit A hereto are null and void and of no force 17 and effect. Irvine shall have a further declaration that all 18 .sales to the State of any Irvine properties contained in said 19 assessor's parcels for tax year 1969 -1970 through 1974 -1975 are 20 null and void. 21 22 23 24 25 26 27 28 29 30 31 32 (d). The parties hereto agree that County should not retain taxes paid by Irvine on the islands if it is determined that the islands are not uplands owned by Irvine or its successors in interest. The pro rata portion of the Tax Settlement attribu- table to each of the islands is .set forth in :Exhibit B, and such amount shall be deemed to have been paid under protest, and not voluntarily, as of the close of escrow. Such portion of the Tax Settlement attributable to the islands shall be impounded by County until the earlier of (a) full payment of the Take Area purchase price to Irvine by the State, or (b) four years from the date of payment of the Tax Settlement, which shall be deemed to be the date of the close of escrow; provided., however, that -3- { • • 1 2 3 4 6 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a 29 30 31 32 ".w6m =1 if a lawsuit challenging title to such islands is commenced by any person b r entity prior to the earlier of such dates, then Irvine may file a claim for refund pursuant to and within the time prescribed by Revenue and Taxation Code Section 5096 and within six (6) months following rejection of such claim by County, .Irvine may sue County by appropriate action based upon such claim and County shall continue to impound such pro rata portion until a final adjudication of such lawsuit. Irvine and County agree that such lawsuit for a refund should be apart of or joined with the lawsuit challenging title to the islands. If any final adjudication of a lawsuit challenging title to such islands determines that such islands or any portion thereof are not uplands owned by Irvine or its successors in interest, then Irvine shall receive such refund of impounded taxes as the parties shall agree upon which are attributable to any portion of such islands as to which such a determination may be made, provided Irvine has filed a.claim and a lawsuit for refund within the time and manner specified in this paragraph. If the parties fail to agree as to the amount of taxes to be refunded,.the Court shall determine the amount of such impounded taxes which were erron- eously or illegally collected and order a refund of such amount to Irvine. The Court may in its discretion remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment Appeals Boards. DATED: April , 1975 GIBSON, DUNN d CRUTCHER By .Attorneys for Plaintiff, The Irvine Company -4- is 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 29 30 31 32 CO", one tone DATED: April _, 1975 ADRIAN RUYPER, COUNTY COUNSEL By Attorneys for Defendants, Robert L. Citron, Jack P. Vallerga and County of Orange -5- 1908/69 440 - 181 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -12 -13 -14 -15 16 I• I• ASSESSOR'S PARCELS W111H TAX SIS'rijr.- wr N11S1 1970/71 440 - 181 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -12 -13 -14 -15 -16 1973/74 120-09(f-60 440 - 092-73 440 - 092-74 440 - 131 -29 440 - 131 -30 440-132 -03 440- 132-10 440- 132.11 440 - 132-12 440. 132 -16 440 - 141 -14 440 - 142 -02 440 - 142 -04 440 - 142 -05 440-1,12.06 440. 142 -07 440 - 142 -08 440 - 142 -09 440. 142 -10 440- 142 -11 440- 142 -12 440 - 142 -13 440- 142 -14 440 - 142 -15 440. 142-16 440 - 142 -17 Exhibit A 1971/72 440 - 181 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -12 -13 -14 -15 -16 1974/7S 439 - 051 -11 4.10- 092.73 440- 092 -74 440- 131 -29 440 - 131-30 44U- 132 -03 440 - 132 -10 440- 132 -11 440 - 152 -12 440- 132 -16 440-141 -14 440 - 142 -02 440 - 142 -04 440 - 142.05 440- 142 -06 440 - 142 -07 440 - 142 -08 440 - 1.42 -09 440. 142.10 440 - 142 -11 440- 142 -12 440 - 142-13 440 - 142 -14 440 - 142 -15 A40- 142 -16 440 - 142 -17 1972/73 440 - 181 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -12 -13 -14 -15 -16 3 r i l • r 1(1 1(1 a\ b N N a\ C O O\ WHO N rl N o F O 1/1 O N Na V .i 41 N y NO O m m 10 r �N v 10 1n ao r o W 01 01 N N �mml. N NNa\ e O N Q 1(1 W r r N 10 v .a r N rl V O 1(1 r.a rlN N r � N lm"E Q Q 0110 O I(1 N < rl W 1l1 N . 1(1 N OD N O h W NON a\ N b M N N N 1(1 b rl C O O\ o F 41 W 0.1 r r� 10 M a N F FW ac M W p N r ry � w µµ77 NF a 0 F3 M N my o W ar N W b a rl Q N 1(1 b N F r N e y b O\ O\ r 10 1n 1n N 10 e r OI W 10.0 01 r 10 N b N � N b N a a o 0 CO m N N M N M I I O 0 O A e e u e ro e N p O H z r. m 10 r �N v 10 1n ao r o W 01 01 N N �mml. N NNa\ e O N Q 1(1 W r r N 10 v .a r N rl V O 1(1 r.a rlN N r � N lm"E Q Q 0110 O I(1 N < rl W 1l1 N . 1(1 N OD N O h W NON a\ N b M N N N Exhibit ,B N b h b o00 C f 1 o F 41 W Exhibit ,B • • 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 siww4matumn I GIBSON, DUNN 6 CRUTCHER Robert S. Warren Richard G.!Duncan Bruce. Tester 550 Newport Ccn[cr Drive, Suite B00 Newport Beach, California 92660 Telephone: (714) 644 -2071 (213) 488 -7000 Attorneys for Plaintiff The Irvine Company - SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE IRVINE COMPANY, a corporation, Plaintiff, V. ROBERT L. CITRON, as-Tax Collector of Orange County; and JACK P. VALLERGA as County Assessor of Orange County; COUNTY OF ORANGE, Defendants. NO. 207 859 PERMANENT INJUNCTION AND DECLARATION In the above action, Plaintiff;and Defendants have stipulated that Plaintiff will pay approximately $1,650,000 in taxes (the "Tax Settlement Amount ") upon the properties involved in this lawsuit and certain other properties, that a .portion of such Tax Settlement Amount shall be temporarily held in an impound account subject to refund in certain events, and that Plaintiff may have a permanent injunction on its causes of action for an injunction in the complaint herein and.a declaration on its causes of action for declaratory relief in the complaint herein. Accordingly and pursuant to said stipulation: IT IS HEREBY ORDERLD that Defendants and each of them, and their successors, officers, agents, employees,. representatives Exhibit 15 M I• • 1 and all persons acting in concert or participating with them, 2 shall be and they are hereby permanently enjoined and restrained 3 from directly or indirectly, or by any means whatsoever, col- 4 lecting or attempting to collect in any way any of the tax 5 year 1969 -197.0 through 1974 -1975 taxes in excess of the Tax 6 Settlement Amount now or hereafter assessed against the 7 properties of Plaintiff The Irvine Company contained in the 8 assessor's parcels listed in Exhibit Ahereto. Specifically, 9 but not by way of limitation, this permanent injunction shall 10 enjoin and restrain any sale or execution of a tax deed con - 11 veying to the State of California or to any other person or 12 entity, any of the property of Plaintiff The Irvine Company 13 contained in said assessor's parcels for tax years 1969-1970 14 through 1974 -1975 taxes now or hereafter assessed in excess 15 of the Tax Settlement Amount. 16 IT IS FURTHER ORDERED that this permanent injunction 17 shall take effect upon the filing of this injunction with the 18 Clerk of the Orange County Superior Court. 19 IT IS HEREBY DECLARED that all tax year 1969 -1970 20 through 1974 -1978 unpaid taxes, penalties and interest in 21 excess of the Tax Settlement Amount levied. upon The Irvine 22 Company's properties listed in Exhibit A hereto are null and 23 void and of no effect whatsoever. 24 IT IS FURTHER DECLARED that all sales to the State 25 of The Irvin,. Company's properties contained in the assessor's 26 parcels listed in Exhibit A hereto are null and void and of 27 no effect whatsoever. 28 IT 1S FURTHER ORDEHLD that Defendants shall retain 29 in an impound account and shall not release approximately 30 $910,000 of the Tax Settlement Amount as more specifically 31 set forth in the Upper i7ewport. Bay Settlement Agreement recorded 32 at Book Page of the records of the Orange County rim. Or MIMI � -2- !• 0 i 1 Recorder, between County, Irvine, the State of California, the 2 City of .Newport Beach and First American Title Company. The 3 pro rata portion of the Tax Settlement attributable to each 4 of the islands is set forth in Exhibit B, and such amount 5 shall be deemed to have been paid under protest, and not 6 voluntarily, as of the close of escrow. Such portion of the 7 Tax Settlement attributable to the islands shall be impounded 8 by County until the earlier of (a) full payment of the Take g Area purchase price to Irvine by the State, or (b) four years 10 from the date of payment of the Tax Settlement, which shall 11 be deemed to be the date of the close of escrow; provided, 12 however, that if a lawsuit challenging title to such islands 13 is commenced by any person or entity prior to the earlier of 14 such dates, then Irvine may file a claim for refund pursuant 15 to and .within the time prescribed by Revenue and Taxation 16 Code Section 5096 and within six (6) months following rejection 17 of such claim by County, Irvine may sue County by appropriate 18 action based upon such claim and County shall continue to impound 19 such pro rata portion until a final adjudication of such lawsuit. 20 Irvine and County agree that such lawsuit for a refund should 21 be a part of or joined with the lawsuit challenging title to the 22 islands. If any final adjudication of a lawsuit challenging 23 title to such islands determines that such islands or any portion 24 thereof are not uplands owned by Irvine or its successors in 25 interest,-then Irvine shall receive such refund of impounded 26 taxes as the parties shall agree upon which are attributable to 27 any portion of-such islands as to which such a determination may 28 be made, provided Irvine has filed a claim and a lawsuit for 29 refund within the time and manner specified in this paragraph. 30 If the parties fail to agree as to the amount of taxes to be 31 refunded, the Court shall determine the amount of such impounded 32 taxes which were erroneously or illegally collected and order fV W WAIT t C"IMI 3 • 2 3 4 6 6 7 8 9 10 11 12 131 14 16 36 17 18 19 20 21 22 23 24 28 26 27 28 29 30 31 32 wWNWAMaiwi a refund of such amount to Irvine. The Court may in its discretion remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment Appeals Boards. DATED: April , 1975 APPROVED AS TO FORM: DATED: April ,.1975 DATED: .April ,, 1975 Judge of the Superior Court GIBSON, DUNN & CRUTCHER By Attorneys for Plaintiff, The Irvine Company ADRIAN KUYPER, COUNTY COUNSEL By Attorneys for Defendants, Robert L. Citron, Jack P. Vallerga and County of Orange -4- ASSFSSUl:'S RARCIAS IVIIIIIR TAX SI:PI' n,a:hT AREA 1968/69 197.0/71. 1971/72 1972/73 440 - 181 -02 440 - 181 -02 440- 181 -02 440 - 181 -02 -03 -03 -03 -03 -04 -04 -On _ -04 -()S -05 -05 -05 -06 -06 -06 -06 -07 -07 -07 -07 -08 -08 -08 -08 -09 -09 -09 -09 -10 -10 -1:0 -10 - -11 -11 -11 -11 -12 -12 -12 -12 -13 -13 -13 -13 -14 - -14 -14 -14 -15 -15 - -15 - }5 • -16 -16 -16 -16 1973/74 1974/75 i 120- 09(1 60 439- 051 -11 440- 092 -73 440 - 092 -73 440 - 092 -74 440 - 092 -74 440- 131 -29 440 - 131 -29 440- 131 -30 440 - 131 -30 440- 132 -03 440- 132-03 .440- 132 -10 440- 132 -10 4,10- 132- 11 440 1 32 -11 440 - 132-12 440- 132 -12 440- 132 -16 440- 132 -16 440 - 141 -14 440- 141 -14 ' - 440 - 142 -02 440 - 142 -02 440- 142 -.04 440 - 142 -04 440 - 142 -OS 440- 14.2 -OS " 440 - 142 -06 440- 142 -06 " - 440 - 142 -07 440 - 142 -07 440- 142 -08 440 - 1.12 -08 440- 142 -09 440-142 -09 ' • 440- 142 -10 440 - 142 -10 440- 142 -11 440 - 142 -11 440 - 142 -12 440 - 142 -12 440 - 142 -13 440- 142 -13 - 440- 142 -14 440- 142 -14 440 - 142 -IS 440- 14.2 -15 - 440- 142 -16 440- 142 -16 ' - 440 - 142 -17 440 - 112 -17 " Exhibit A I(1 I I(1 01 I Ip N N O O\ O r m I/1 . .'1 N F o N Nr I Io lnro 0 0 N N N 0 n O Wl N a in N OOH IOONO\ O In in In r o P a N inn � mrt.'la In IA r n In m rn M .1 F Ern ac ax n m a in n n .'1 F QNa r N in r r W N N NF a F g O n N ma Nnao In Ci WW r m a.a r.'InN .'1 o Z \I o [K r N in r In o a In w �+ a �pp InF r min nrnNV a N in Io N a s In o in F r n a In a In a a .'1 in N N a m Op- NI llllnn O r N a in n • In e r N in r Ap�IIeerr .y \I w Ino raa wIl a r Inn � nm m In rl n e o . rl ro O N O 000 In r � O b O � b ry .a ry b '1 N O N n N n N N M N N N r7 H 1 I H 1 a 0 4! o o F 0 ro W a° E ti Exhibit B Exhibit B u 1 3, 41 51 6 7 81 9 101, 111 12 13 14 15 16' 17 18 19 20 211 221 23 24 25, 26 27 28 29 30 31 32 ORDER OF THE nOARD OF SUPERVISORS 01' ORANGE COUNTY, CALIFORNIA, TAKE.1; 1'UKSUAU'T TO REVENUE AND 'TAXATION CODE. SF,C'P7.ON 4986 (a) (2) WHEREAS, the County Counsel has apprised the Board of Supervisors that in-his opinion back and current taxes, penalties, costs and interest levied and /or collected in excess of the amounts set forth on the attached Schedules A through D on the parcels described on said schedules for the fiscal years 1969 -70 through 1974 -75 have been illegally and erroneously levied and /or collected; and WHEREAS, the Board of Supervisors, by Resolution No. 74- 1667, . approved the cancellation of any claims for back or current taxes, penalties, costs and interest levied and /or col- lected in excess . of the amounts set forth on the attached Schedules A through D on the parcels described on said schedules for the fiscal years 1969 -70 through 1974 -75; and WHEREAS, The Irvine Company, the County of Orange, and certain other parties have entered into the Upper Newport Bay Settlement Agreement which is recorded in Book Pages et seq. of the records of the Orange County Recorder whereby it was agreed that the pro rata portion of the taxes set forth on Schedules A through D attributable to the three islands in Upper Newport Bay in.-the amount of approximately $910,000 would be impounded by the County of Orange for a certain period of time as set forth therein; and WHEREAS, the Board of Supervisors, by said Resolution, empowered the Chairman and Clerk of the Board to execute, among other things, any documents recommended by the County Counsel as necessary to cause said cancellation of taxes, penalties, costs and interest; NOW, THEREFORE•,, . IT IS HEREBY ORDERED, . pursuant to California Revenue and Taxation Code Section 4986(x)(2) and Exbibit 16 I0 • 1 2 3 4 6 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20, 21 22 23 241 25 26 27 28 29 30 31 32 Board of Supervisors Resolution No. 74- .1667 that all taxes, penalties; costs and interest for each of the years 1969 -70 through 1974 -75, in excess of the taxes set forth on the attached Schedules A through D (totalling $1,650,000), which have been levied and accrued or have been collected on the parcels described on said schedules, be cancelled. - IT IS FURTNER ORDERED that the auditor- controller shall undertake the necessary actions to comply with this order and the provisions of Revenue and Taxation Code Section 4986, shall impound the said sum of approximately $910,000 in compliance with paragraph 5.6 of the said Upper Newport Bay Settlement Agreement, and shall distribute the remaining taxes set forth on Schedules A through D when collected, to the governmental agencies entitled thereto DATED: April , 1975. . Ralph A. Diedrich, Chairman Orange. County Board of Supervisors Consent is hereby given to cause appropriate action to be taken pursuant to this order in accordance with Section 4986 of the Revenue and Taxation Code. - 2 - ADRIAN KUYPER, COUNTY COUNSEL By Deputy DENNIS O -NEIL, CITY ATTORNEY OF NEWPORT BEACH By • • I 1 2 3 5 6 7 8 9 10 11 12 131 14 15' 16 17 18 19 20i 21 22 23 24' 25 26 27 28 29 30 31 32 :;A , ORDEIR OF TI11' BOAnD Or SUPERVISORS Or ORAIMM WHEREAS, the property described on the County of Orange 1969 -70 ' Secured Tax Roll as Assessor's Parcel Nos. 440- 191 -02 through 4.40 - 181 -16, inclusive, was sold to the State of California on June 30, 1970, . for non - payment of the 1969 -70 taxes levied against said property; and WHEREAS, the Board of Supervisors, pursuant to Revenue and Taxa- tion Code Section 4986(a)(2), by Board Resolution No. 74 -1667 and written order dated 1975, has ordered the cancellation of all back and current tares, penalties, costs and interest levied and /or collected.in excess of prescribed amounts on said parcels for fiscal years.1969- 70_through 1974 -75; and WHEREAS, all back and current taxes on said parcels in the amounts prescribed in said cancellation order have been paid and all delinquencies; have, therefore, been discharged as the result of cancellation, in part, and paymacnt, in part; and WHEREAS, the Chairman of this Board has been empowered by Board Resolution No. 74 -1667 to execute, among other things, any documents recommended by the County Counsel as necessary to effectuate the tax actions which are the subject of said Resolution; NOW,, THEREFORE, IT IS HEREBY ORDERED, pursuant. to Revenue and Taxation Code Section 4992, that the following certificates of sale relating to the following Rsscssor's Parcel Nos. be cancelled: 1969 -70 Assessor's Parcel No. Certificate of Sale No. 440- 181 -02 214167 440 - 181 -03 224334 440- 181 -04 216310 440- 181 -05 210453• 440- 181 -06 214437 440- 181 -07 217398 440- 181 -08 210404 i 440- 101 -09 EXHIBIT 17 1 2 3 4 S G 7 8 9 10 11' • 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32. 1969 -70 Assessor's Parcel No. Certificate of Sale No. 440 - 181-10 225206 440- 181 -11 210346 440- 181 -12 Y 538337 440- 181 -13 f 210496 440- 181 -14 220539 440- 181 -15 539446 440- 181 -16 220540 IT IS FURTHER ORDERED that a certified copy of this Order shall be recorded with the County Recorder. - IT IS FURTHER ORDERED that a Copy of this Order shall be filed with the County Auditor - Controller for appropriate notations on the delin- quent tax abstract records. DATED: Chairman, Orange County Board of Supervisors APPROVAL RECOMMENDED: Adrian Kuyper, County Counsel. s 2 I. i (THE IRVINE COMPANY LETTERHEAD] a Tax Collector County of Orange 110 Finance Building 630 North Broadway P. O. .Box 1438 Santa Ana, California 92702 Dear Mr. Citron: In accordance with the terms of the Upper Newport Day settlement Agreement dated as of April. , 1975, between The Irvine Company, the County of Orange, tfi—eState of California, the City of Newport Beach and First American Title Company, The Irvine Company hereby withdraws its protests which accompanied tax payments as to the parcels and tax years indicated on the attached schedule. It is our understanding that the pro rata portion of the $1,650,000 tax settlement amount attributable to the three Upper • Newport Day islands will be impounded and will be deemed to have been paid under protest and not voluntarily as of the date that this letter is released to you from escrow. • EXHIBIT 18 Very truly yours, THE IRVINE COMPANY By 440 - 142 -03 Tax Year 1993/74 119- 310 -03 440 - 092 -74 440 - 142 -07 117 - 381 -02 120 - 210 -32 440- 131 -29 440 - 142.08 118- 323 -04 440 - 081 -03 440 - 131-30 440 - 142 -09 119 - 261-01 440 - 092 -71 440- 132 -10 440 - 142 -12 , 119 - 261 -07 440 - 092 -72 440- 132 -11 440- 142 -14 119- 261 -13 440 - 132 -14 440 - 132 -12 440- 142 -15 119- 261 -14 440 - 132 -1S 440 - 132 -16 440 - 142 -16 119- 300 -08 440- 142 -03 440 - 141-14 440 - 142 -17 119- 300 -09 120- 090 -60 440 - 142 -02 050- 303 -94 119- 300 -10 440 - 092 -73 440- 142 -04 440- 142 -OS 440 - 142 -06 440 - 142 -10 440- 142 -11 440- 142 -13 Tax Year 1974/75 (First Installment) • 050- 303 -94 440 - 131 -30 440 - 142 -12 119 - 261-14 440- 142 -OS 440 - 132 -10 440- 142 -14 119-300 -08 440- 142 -06 440 - 132 -11 440 - 142 -15 119- 300 -09 440 - 142 -10 440 - 132 -12 440 - 142 -16 119- 300 -10 440- 142 -11 440 - 132 -16 440- 142 -17 119- 310 -03 440 - 142 -13 440- 141 -14 117 - 381 -01 439 - 061 -01 440-142 -03 440- 142 -02 117 - 381 -02 440- 081 -03 439- 051-11 440 - 142 -04 118 - 323 -04 440- 092 -71 440 - 092 -73 440 - 142 -07 119- 261-01 440-092 -72 440- 092 -74 440 - 142 -08 119- 261 -07 440 - 132 -14 • 440 - 131 -29 440 - 142 -09 119 - 261 -13 440 - 132 -1S 440 - 142 -03 2 1• • EXHIBIT 19 H Y Y Y Y Y Y O. •O •O V V V V H V V V V V P N > C W N Y O V I•C > r 1 1 1 1 1 1 p N V V V V V V N t W N Y O N Y N A Y N N N Y Y Y W C t Y O V P W N m P V t V w V w Y V w t W O Y O • O W O Y P w N w O.OY OOO V 6 O x H N W W W W n n n n n n p S S S S S S 14 A A A 0 A A p 6 6 6 6 6 6 b nn »» n vvvv..v p p N N p N N C C w t C W W N O Y t N V t m w O N pJ V •O N P V N OW PCOa •p p Y C W t W t W p H a W N N W N N M n n n n n n x S S S S S S p n A A A A A b 6 6 6 6 6 6 A b b bf bl 00 ae p p N N N Y Y P W W Y Y O m Y P t w V N N n n S S n s 6 6 b b N N Y H N O P t W N N Y Y H w N V C Y• p P > O wOaW PVb H O t Y V O A N O •O Y w W N 0 Y O p N N Y O P \ p V la O O In H •V1 nm mpc p O ro Vcro O O to rmp p N Y x •D p >.I Y• Cro H \ O to V p Pa O arom Wp> mp.e O >H H > H Y� > p 17 N to p b O 0 p 0 1i. . a w e o n v i y 11 v .v v H O i • � 6'J 9 p 9 L 6 o n Y H H P V •1 P N O YP. 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W o .m OI X , " m X PF+AF+V W V m WW N N W M N N O W W a OmI" F+ y y n m tV O O O \ O O O \ ' I I I ro V i I I ro V O F+ F+ F+ A F+ F+ F+ A $ I O • OF Om F+ F+ A Pml m.W O..W V .m WOOWN"W W IA O. O.m NF+ .m V V p A V V EXIIIRIT 20 TAXES PREVIOUSLY PAID ON ASSESSOR'S PARCELS WITHIN SETTLEMENT AREA Full Year' First Half 73/74 74/75 74/75 A.P.A 7/1/73- 6/30/74 7/1/74- 12/31/74 440- 131 -29 $ 85,724 $ 41.,552 ! -30 4,999 2,423 440- 132 -03 163,312 79,161 -10 7,994 3,875 -11 125,933 61,042 -12 2,334 1,132 -16 14,975 7,259 440- 141-14 40,613 19,652 440 - 142 -02 11,836 5,728 i -04 6,142 2,972 -05 189,010 91,459 -06 27,837 13,485 -,07 9 5 -08 5,628 2,705 -09 8,427 4,056 • -10 -11 762 6,953 369 3,368 -12 12,333 5,935 -13 2,971 1,433 -14 20,838 10,083 -15 73,198 35,302 -16 26,982 12,987 -17 35,834 17,174 ' 440- 092 -73 36,689 17,781 -74 14,837 7;180 439 - 051 -11 160 78 $ 926,330 $ 448,196 TOTAL $ 1,374,526 EXIIIRIT 20 ul ul m N N d om 1 In O to d F o Nr F •+ 1+1 N ddN m to inn of d N EXHIBIT 21 m om mmr d n .� n laO to in to O i F \I '� d N In 1+11IMm In n rl m m r n to m m N rl ({ N N F F N Q� F�7yJ n m m �n mm.y .� j£a) N n d d nt O .I d ul m W 1+1 m to rt in n r� rl Q .+ W 1p N N NF O to m lod .-1 r F .i �!1 N m e N 1�1 d o in W m N N n N M N N o Z • \ drv.am N 0 0: n N In r r to .a o a us w �+ a ea �i pp wF n min nmrvd v N Ul bNm d mb'O U1 a r N rr .-IdNm u1 ' E n ry e to to e g ti N N Fboj 4 b m m .-1 U1N N r w in vl m ry O N m I�Aklpi' nmti n ; o r ry e �n to n C to er rvuire ,� o m loo rem r r m .d N NMm n r ` m r SON 1'lm m IO N n d O N N v o C oo b 000 c 1 ro i i a i I i b N N N iy N N d Ul 1'1 N rl N 1 I N 1 Q o W O o F z z w EXHIBIT 21 S -- 'p:u�ivc Tl'h-ia Linu�•or Rccor er Use Glib -- QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt . of which is hereby acknowledged, COUNTY OF ORANGE does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE IRVINE COMPANY, a West Virginia corporation, all rights in the real property received by the COUNTY OF ORANGE from THE IRVINE COMPANY by virtue of that certain Corporation Grant Deed recorded February 26, 1969, as Instrument No. 1.5836, in Book 6885, • Page 409, Official Records of Orange County, California, described as: Thos::: portions of LotS 1 and 2 of Section 23, Lot 1 in Section 25, and i Lots is and 2 in Section 26 all in Township 6 South., Range 10 West, San 3ernardino Meridian, in the City of Newport beach., County of Orange, State. of California, according to the official plat of said land, of Tideland Patent No. 204 from the State of California recorded July 19, 1907, in Book 1, page 24.5 of Patents in the .office of the County Recorder of Orange County, of Blocks 5, 51, 52, 53, 54, 55 and 56 of Irvine's Subdivision, as shown on a map filed in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of Orange County, and of Lot B of Tract 4003 filed in Book 188, pages 13 through 19 of Miscellaneous Pups in the office of the County Recorder of •Orange County, included within the hereinafter described Parcels 1 to 5 inclusive.. Parcel 1 Beginning at the Westerly terminus of that certain .course shown as "North 85° 56' 03" East 984.75" in the Southerly boundary of Tract 4224, as shown on a'map filed in .Book 157, pages l through 14 inclusive of said Miscellaneous Maps; hence along said boundary the following courses and distances: 1. North 89° 47' 34" East 984.75 feet; 2. North 83° 55' 06" East. 380.03 feet; 3. North 68° 39' 08" East 250.51. feet; 4. North 35° 03' 05" East 213.62 feet; EXHIBIT 22 LIId IIC •. leaving said hound:n'y and conLirnuink; 5. 6. 7. 8. 9. 10. 11. . 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.. 22. 23. 24. 25. 26. 27. 28. North 35° 03' 05" EanL 1332.06 fueL; thence :North 59° 00' 32" East.627.50 feet; thence North 20° 43' 31." East 612.90 feet; thence`North 60 34' 29" West 1.755.34 feet; thence North 60 16' 37" West 991.71 feet; thence North 4° 11' 51" East 1714.27 feet; thence North 80 36' 50" West....1632.32 fecL; thence Nortln 80 37' 19" East 2185.87 feet; thence North 51.° 22' 32" Bast 269.58 feet; thence NorLh•89° 35' 25" Gast 2581.07 feet:; thence South 600 36' 52" Fast 497.00 feet; thence South 00 59' 40" East 497.00 feet; thence South 580 37' 32" West 497.00 feet; thence South 880 26' 42" [Jest 2001.68 feet; thence South 730 02' 11" West 474.99 feet; thence South 80 37' 19" West 354.89 feet; thence South 570 48' 33" East 502.02 feet; thence North 730 02' 11" Bast 6216.46 feet; thence South 160 57' 49" East 400.00 feet; thence South 730 02' 11" West 5056.07 feet; thence South 320 39' 05" West 2083.07 feet; thence South 160 03' 27" West 556.09 feet; thence South 4° 40' 38" West 599.81 feet; thence South 5° 10' 02" East 683.87 feet; • 29. thence South 12° 25' 39" East 417.43 YeeL; 30. thence South 9° 57' 53" East 220.41 feet; 31. thence South 1° 53' 40" East 1647.70 feet; 32. thence uoath 8° 34' 40" EESL 989.43 feet; 33. thence South 26° 58' 17" West 117•:58 feet; 34. thence South 20° 09' 34" West 897.02 feet; 35. thence South 67° 07' 04" West 885.24 feet; 36. thence SOUL'h 26° 35' 29" West 351.82 feet; 37. thence South 39° 45' 07" West 442.07 feet; 38. thence SOUL'h 12° 52' 48" West 568.32 feet; 39. thence South 33° 53' 27" West 229.67 feet; 40. thence South 86° 07' 04" West 1169.18 feet; 41. thence South 83° 47' 06" West 1584.65 feet; 42. thence South 59° 03' 06" West 263.24 feet; 43. thence South 34° 19' 06" West 431.84 feet; 44. thence South 39° 44' 09" [Jest 1215.46 feet; 45. thence South 20° 46' 56" West 656.71 feet to a point on,the Northwesterly prolongation of that certain course shown as "North 560 42' OU" West 489.90" in .the South- westerly boundary of Tract 4003, as shown on a map filed in Book 188, page 13 through 19 inclusive of said miscellaneous }taps, said point being North 55° 48' 25" West 60.01 feet as . measured along said Northwesterly.prolongation from the most Westerly corner of said tract; 46. thence North 13° 34' 13" West 1063.93 feet to U.S. Bulkhead Station Number 131, as shown on a map of Newport Bay, Califonia showing harbor lines, approved by the War Department February 15, 195'1; 47. Lhcrncu Mirth 20° 43' 16" East 22.75 feet; 48. thence North 35° 51' 56" East 424.05 foci; 49. t.hencc North 340 49' 17" East 1281.60 foot; 50. thence North 59° 02' 52" East 5::4.55 feet; 51. thence North 73° 45' 15" East 728.50 feet to the point of beginning. -2- Ti!E(aI'i'.I:OM those ccrtuin pared!; k,:xr.ih,d in chc .;cventli Amendiacet to Ground Lease between `file Icvirnc Company and Back Bay Parh recorded February 24. 1966 in Boole 7850. page 372 of Official Records of said Orange :County. ALSO EXCEPTING TINIEREFROM that portion lying within Tract 5361. as sh6ini on :a map filed in Book 190. pages 47 and 48 of said Miscellaneous Maps. pnrc.a I 2 . . Bcginnin, at tho Southerly tcrininuc of CUUL "Se No. 7 described in Parcel 1 above: thenceNortln 20043' 31" East 500.90 feet along said course: thence North 690 16' 29" West 444.73 feet. more or less,. to the Ordinary high fide Line. as described in the final decree entered in Case No. 20436 Superior Court of said County: thence Southerly along said Ordinary High Tide Line following the various courses therein to a line bearing North 540 37' 19" West from a"point on Course No_ 6 described in Parcel 1 above distant thereon South 590 00' 32" West 100_00 feet from the Northerly terminus of said course: thence South 540 37' 19" East 375.40 feet. more or less. to said Course No. 6: thence North 590 00' 32" East 100.00 feet to the point of beginning. Parcel 3 Commencing at the Southerly terminus of Course No. 11 des- cribcd in Parcel 1 above: thence North '8036' 50" West 582.42 feet . alon„ said coursu to the Truc Point of Beginning: thence continuing Nortln 80 35' 50" West 450.00 feet; thence South 810 23' 10" West 193.60 feet; thence South S° 36' 50" East 450.00 feet: thence North 810 23' 10" East 193.60 feet to the True Point of Beginning. Parcel 4 Beginnirno at the Westerly terminus of Course No. 22 described in Parcel 1 above.: thence North 730 02' 11" East 5736_46 feet along said course: thence North 160 57' 49" West 250.00 feet: thence North 730 02' 11" East 320.00 feet: North 9'° 36' 05" East 229..84 feet to a point on the Southerly boundary of the land described in the deed to the Newport. Harbor Union High School recorded in Book 7578. page 670 of Official Records of said County. said point being on a non - tangent curve con- cave Southerly having a radius of 2000.00 feet. a radial to said point bears North 00 45' 32" East: thence Westerly 782.32 feet along said curve through an angle of 220 24' 50" to the • Southwesterly corner of said land: thence North 220 30' 52" West 50.01 feet along the Southwesterly boundary of said land to a. point on a non - tangent curve concave Southeasterly having a radius of 2050.00 feet and concentric with said 2000.00 Loot radius curve above described. a radial to said point bears North 210 40' 33" West; thenco Soutlnvesterl.y 224.14 feet along, ::aid curve throu;;h :nn vngi ;- of. 60 15' 52 "; thence Solltln 620 03' 35" Wesc 331.71 feet to the bcginnipy. of a curve concave North - wcsterly having q radius of 1550.00 facet: thcncc Soutlnacstcrly .60.9.89 feet a1un; said curve ehrou;,ln all angle of 220 32' 41" to the EaStcrl.y boundary of tfiv laud described in the deed to Alvin S. Cox roconrdcd in Book 2039, pa�.L. 225 of said Official Records: thence South 10 58' 08" West 7.94 feet along said Easterly boundary to an angle point therein: thence South 400 3.7' 44" West 70_00 feet along the Southeasterly line of said land to the Southerly corner of said laud: chcnce North 490 22' 16" West 83_88 feet along the Southwesterly line of -3- said land to a point on a non - tangent curve concave Northerly having. a. .radius of 1550.00 feet and being the continuation of the curve last above described, a radial to said point bears South 1 °20' 22" East; thence Westerly 257.39 feet along . said curve through an angle of 9° 30' 52" to the Easterly boundary of the land described in the .deed to CcorgO M_ 1101s.L(An IIl recorded March 21, 1951 in Book 2161, page 375 of said 01.'ficial Records; thence along the boundary of said land the following courses and distances: South 130 37' 44" West 162.20 feet to the Southerly corner of said land; North 490 22' 16" West 705..00 feet to the beginning; of a curve Concave Southwester Ly Navin- a radius of 818.25 feet; Nor L.hwes L'ar LY 30.7.15 feet along said curve through an au ;;le of 21° 30' 00" Lo chi+ Sou LIIo:c I Corner of LIIc ]::ud described in the decd to F. Roy Grocnlenf, Jr., rccurdud July 23, 1.951 in Isook 2207, pa,, ;c 196 of said Official Records, said corner being . the beginning of a reverse curve concave Northeasterly having a radius of 600 -.00 feat, a radial through said point bears North 190 07' 46" East; .thence along the Southwesterly boundary of said land of .Greenleaf the following courses and • distances: Northwesterly 19.3.73 feet along last mentioned curve through an angle of 18° 30' 00" to the beginning of a reverse curve concave Southwesterly having a radius of 1000.00 feet; Northwesterly 401.43 feet along said curve through an angle of 230 00 00 "; North 75° 22' 16" West 333.50 feet to the beginning of a curve concave Northeasterly having a radius of 800.00 feet; Northwesterly 3.64.96 feet .along said curve through an angle. of 26° 08'13 "; North 490 13' 58" West 52.06 feet; thence leaving said boundary and continuing North 490 13' 58" West 20...3.3 feet to a point in that certain course in the Southeasterly boundary of Parcel 102.1 described as "South 48° 31' 06" West, 310.32 feet" in the used to the Orange County Flood Control District. rs:COrded Novc1a;1c -r 8, 1961 iu Look 5906, page 51.6 of said Official Records; thence South 490 2U' 08" West 56.95 feet to the Southwesterly terminus of said course and the beginning of a curve in said boundary concave Northwesterly having a radius of 2060.00 feet; thence Southwesterly 881.06 feet along said curve through an angle of 240 30' 19 "; thence South 73° 50' 27" Wesc 439.09 feet along the Southerly boundary of said parcel and its Westerly prolongation to the beginning of a curve. concave Southeasterly having a radius of 940.00 feet; thence. Southwesterly 649.28 feet along said curve through an • angle.. of 39° 34' 31" to an intersection with Course No. 14 described in Parcel 1 above; thence North 89° 3:5' 25" East 2347,41 feet along said course to its Easterly terminus; thence along Courses 15 through 21 inclusive described in Parcel 1 above the: following; courses and distances: South 60° 36' 52" EaSL 497.00 feet; South 0° 59' 40" East 497.00 feet; South 58° i/' 32" West 497.00 feet; South 88° 26' 42" West 2001.68 feet; South 73° 02' 11" West 474.99 feet; South 8° 37' 19" West 354.89 feet; South 57° 48' 3.3" East 502.02 feet to the point of beginning. - 4 - Parcel 5 mm Bcgiu:ring at the Southerly terminus of Course No. 31 des- cr.ibcd in Parcel 1 above; thence South 81° 18' 39" East 129.01 feet; thence North 69° 39' 00" East 86.00 fccL; thence South 80° 42' 00" East 288.01 feet; thence North 66 °'12' 00" EasL 139.00 feet; thence South 88° 47'00" East 62.00 feet; thence North 470 05' 00" East 100.00 feet; thence North 86° 00' 00" East 66.00 fee L-; thence South 47° 52'00" East 273.00 feet; thence South 77° 20' 00" East 11£.00 feet; Lhence North 74° 15' 00" East 414.01 feet; thence South 76° 08' 00" East 93.00 feet; thence South 490 45' 00" East 102.00 feet; thence South 180 53' 00" East 276.01 feet; thcace South 47° 05' 00" East 230.01 feet.; thence South 24° 52' DO" East 209.01 feet; thence South 42° 00' 00" East 238.01 feet; thence South 58° 45' 00" East-151.00 feet; thence South 5° 02' 00" 15aSL 135.00 feet; Lhence South 290 25'00" East 88.79 feet to a point on Northwesterly right of way line of Jamboree Road, 132.00 feet in width as described in the deed to the City of Newport Bo:ich, • recorded June 17, 1.966 in Look 7964, page 631 of Official ;records of scud CounLy, said point beiiig on a non- tangeuL curve concave NorthwcsLcrly having a radius of 5950.00 feet, a radial to said point bears South 560 27' 03" East; thence Northeasterly 646.61 feet along said curve and along said right of way line through an angle of 60 13' 35 "; thence North 27 ° 19 22" East along said right of way line 355.94 sect to the Southerly corner of Lot 3 of Tract 5425 as shown on a map filed in Book 199, pages 1 and 2 of Liiscel- laneous Maps; thence along the Southerly boundary of said tract the following . courses and distances: North 62° 40' 38" West 116.82 feet; South 74° 30' 47" West 134.75 feet; South 640 25' 47" West 136.50 feet; South 75° 42' 21" West 65.00 feet; North 16° 56' 12" West 10.00 feet; South 870 28" 20" West 65.75 feet; Nori:h 570 39' 46" West 95.23 feet; North 26° 59' 05" West 476.12 feet; North 3° 55' 05" West 106.08 feet; North 360 33' 07" West 134.75 feet; North 240 55' 00" West 129.52 feet; North 400 06' 19" West 259.96 feet to an angle point in the boundary of Tract 5877 as shown on amap filed in .Book 218, pages 10 through 13 inclusive of said Miscellaneous Maps; thence along the Southerly and Southwesterly boundary of said tract the following courses and distances: South 810 05' 38" West 151.77 feet; North • 820 41' 02" West 314.55 feet; North 53° 54' 16" West 292.03 feet; North 21° 56' 24" 1Sast 166.01 fees; North 260 03' 15" West 132.00 feet to an angle point in the boundary of Tract . 5435, as shown on a map filed in Book 200, pages 17 through 21 inclusive of said Miscellaneous Maps; thence along the S0uthw0sterly..b0undary of said tract the following.courses and distances: North 26° 03' 53" West 72.93 feet; North 62° 14' 23" West 605.66 feet; North 310 40' 54" West 74.60 feet; South 580 09' 02" West 68.81. feet; South 48° 13' 05" West 30.00 feet; NoeLh 41° 46' 55" WesL 1£7.81 foot to a point that bears North 48 ° -13' 05" Last from Station No. 45 of said Ordinary High Tide Line as shown on said map of Tract mm li • 54315; chcr.ce South 48' 13' 05" W,t.sL ] ".2:. fuuL Lo ,slid SLatioh No. 45; thence South 6' 06' 12" We..sL along. said O::dinary 11i „h 'tide Line 1525.50 feel to Station No. 44; thence South 50° 37' 53” West 139.32 feet to the :point of beginning. o EXCEPTING THEREFROM that certain pump steiion described as Parcel 3 in the deed recorded in Book 8375, page 787 of Laid Official Records, more particularly described as follows: - Co=acncing at a point on Lbe center line of Ja;n;)otce Road, 100.00 feet wi(le, as described in tiic deed to the Couucy of Orange recorded in Book 4110, page 10 of Oificial Recur" , said point being the Northo.asterly terr.,in:_s of that certain curve described in said deed as being concave Northwesterly and having a radius of 1200.00 feet, an arc length of 338.92 feet and an ankle at 16° 10' 56 "; thence North 26' 24' 35" East 293.61 feet along said center line; thence North 63° 35' 25" Wes L 50.00 feet to the TRUE POINT OF 3EGINNING on the North- westerly right of way line of said Jamboree [toad; dunce con - tinuing NorLh 63° 35' 25" West 100.00 feet; thence North 26° 24' 35" East 50.00 feet; thence South 63" 35' 25" Easc 100.00 I eet to said Northwesterly right of Way line; thence South 26° 24'.35" West 50.00 feet along said righL of way line to the TRuz POINT OF BEGINNING. DATED: COUNTY OF ORANGE By Chairman of its Board of Supervisors ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk . of the Board of Supervisors of Orange County, California By Deputy STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) O:) this day of 19 , before me, a Notary Public in and for said County and State personally appeared as Chairman of the Board of Supervisors of Orange -6- I! 0 County, California, who is known to me to be the person described in and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. on behalf of said County of Orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written -. .s WHEN RECORDED MAIL TO: spacd Above This Line For Recorder's Use On Ty �3t QUITCLAIM DEED .`:'��•_' k FOR A. VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF ORANGE does hereby REMISE, RELEASE AND FOREVER - �'`�i•� QUITCLAIM to THE IRVINE COMPANY, a West Virginia corporation, all rights TF : in the real property received by the COUNTY OF ORANGE from THE IRVINE` COMPANY by virtue of that certain Corporation Grant Deed recorded • February 27,, 1969, as Instrument No. 16855 in Book 8886, Page 947, r, Official Records of Orange County,. California, described as; €:• t That portion'of Block 54 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California as shown on a nap filed in Book 1, page 88 of Miscellaneous Record Maps in - - the office of the County Recorder of said County together with that portion of Lot A of Tract 5361 as shown on a map filed in Book 190, pages 47 and 48 of Miscellaneous-Maps in the office of �: -- said County Recorder, lying Northerly and Northwesterly of the 7f . following described line: , • - Beginning at the Easterly terminus of Course, Number 41.,.; described as "South 83° 47' 06" West 1584.65 feet" in Parcel 1 in the deed to the County of Orange recorded in Book 8885,page 409 of Official Records of said County; - thence along Courses 41 through 45 as described in said , deed, the following courses and distances: 4p South 83° 47' 06" West 1584.65 feet; South 59° 03' 0611 < West 263.24 feet; South 34° 19' 06" West 431.84 feet; South 39° 44' 061" West 1215.46 feet; South 20° 46' 56 "+; West 656.71 feet to a point on the Northwesterly pprolongation of that car- tain course shown as "North 56° 42' 00 West 489.90" in the Southwesterly boundary of Tract 4003, as shown on a;X map filed in Book 188, page 13 through 19 inclusive of said Miscellaneous Naps, said point being North 55° 48' 25" West 60..01 feet as measured along said Northwesterly pro- . longation from the most Westerly corner of said tract. • EXHIBIT 23 ..`'•? i DATED: COUNTY OF ORANGE By Chairman of a Board _ of Supervisors ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California BY Deputy STATE. OF CALIFORNIA) ) se, COUNTY OF ORANGE ) On this day .of , 19_, before me a Notary Public in and for said County and State personally appeared ,. as.Chairman of the Board of Supervisors of - Orange County, California; who is known to me to be the person dee- cribed in and whose name is subscribed to the within instrument, and acknowledged to that he executed the same on behalf of said County of orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my - official seal the day and year in this certificate first above written. -2- i s= `f.. J s }: 0 Nsmn, e.1.! .... ... e. Telerd.n, Ilr, if All Gl Wi OIJ,. Milli! & CI:UTCIIIiR llriwe 'Pcs Lu r 550 Newport Center, Ur. , Suite 800 N(owpol't )ic.lchr. Calif. 92660 Telcphonc (714) 644 -2071 nun,my(:I)Ip, i?}, aR1- i,ff,.F. :Ct "cj;::9-gefr,nd:)n.L .1 .... nw... m. u:a al cram Or•1 md, SUYISRiOIt COURT O? CALI17O1:NlA, COUNTY Or. .ORItNCJE - 1aU14JtlOR ArUNIClpnl. a Jfca Mt) .............. ...... ... .... .............. (Numa r 1 MU.1irifull m. J" t ce Court Diar:d Gr Of L onpb (16t al, It anti) Plainliu(s): ThC Irvine Company CASE NU$ADER 182 708 V. REQUEST FOn DISrAISSAL TYPE OF ACTION DI hendanK.): County of Orange , et al . ❑ Por mml injury. Property Damage and Wrengful'Death: ❑ klotor Vehicle ❑ Other Domestic flotations [3 Eminent Done, ' n tq;oiha,: ( specify) D.eHl.a r..a l:oxy.. xe.l j cf . and. IA.gfirndsb•n T:e` I damages TO THE CLERK: Please'dismiss this action as folivvs: (Check applicable, boxes.) 1. k) Willi prejudice [] WilhnuLprejudice 2. )j] Entiro action O Complaint only Q Petition only O Cross - complaint only EJ Other: (Spioci(y)' GIBSON., DUNN & CRUTCIIER Dated ..... ........ ........... gy: n i:seels..1 le ueel<a i or amelfea The Irvine Com an S pmlbe rro Et specified AtlornoY(.a)Ior ..... ........ .....� ...�............. causes ta or eaten he ei Et causes f crocn at Cr iNS only. so Mate and idrad.y the padres, ceesa. pr nel¢n or cross- cemplaima Bruce Tester to be diemixod (Type or print ullornoYU " ") armorer) RAPLA9r LIVINC,STONr GOODI'IINr TO THE CLERK: Consent to the above dl missal is hereby given:' BERK .i'T'7 AND S VIN Y Dated: Whin a cress.. ....nt (or .. .... •., _� G 111 O�O ange anc7 -- camfile co for rforwr Nr (1M1m 9e) ex nq n rrnu. AllornCY(a) for .. Y. (asindar Is on foe Igo its consent for when squired py CCP Orange County harbor District 7he (rpaponJOnl) must sign bd. cenbel when ri•9airrE eY CCP Wilt). (2). or (St. (Typo or printattornoyls) name(s)) (To be complood by clerk) p Dismissal entered os requested on .......... ............................... ..............:....: ........:. ..:.........: (J D:sm9pul entered on .....' .. ............................... as to Only ....... O Dismissal not entered as ruquosled lot the following toason(s), and A11C.eey(e) notified on .... ............................... Wind...................... :........................ term Adal`led by Ilulr 982 of Dy' -- - - -' 4 The Jteih :.0 Couaee sr Csm.m.. REQUEST FOR DISMISSAL 1161 1(faehv. Jrly 1. 1912 PXIMITT 2A Clerk pe',Ay COP 581, am..: Oat. $lures of Court nut. 1211 1` Y •, i • UPPER NEWPORT BAY SETTLEMENT AGREEMENT FOR TRANSFER OF CERTAIN REAL PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH, JOINTLY, AND THE STATE OF CALIFORNIA BY THE IRVINE COMPANY AND FOR THE r SETTLEMENT OF PENDING LITIGATION in CF,LIF. � t TABLE OF CONTENTS UPPER NEWPORT BAY SETTLEMENT AGREEMENT AND IMPLEMENTING DOCUMENTS 1. Upper Newport Bay Settlement Ag>_eement. 2. Amendment to Settlement Agreement 3. Order of Board of Supervisors of Orange County California Cancelling Taxes Pursuant to Revenue and Taxation Code section 4986(a) (2) • 4. Order of Board of Supervisors of Orange County California Cancelling Certificate of Sale Pursuant to Revenue and Taxation Code section 4992 5. Summons on Complaint for Injunction and to Quiet Title, Orange County Superior Court Case No. 194245 6. Complaint for Injunction (Interference With Easement) and to Quiet Title, Orange County Superior Court Case No. 194245 • 7. Stipulation for Dismissal of Action and Order, Orange County Superior Court Case No. 194245 8. Stipulation for Judgment Quieting Title to Real Property, Orange County Superior Court Case No. 194245 9. Notice of Termination of License (The Irvine Co7apany, Licensor, the Regents of the University of California, Licensee) 10. Quitclaim Deed. County of Orange to the Irvine Company 18 V i 11. Quitclaim Deed. County of Orange to the Irvine Company. 12. Corporation Grant Deed. .The Irvine Company to the State of California [Take Area Deed! 13. Corporation Grant Deed. The Irvine Company to the State of California [Back Bay Drive! 14: Corporation Grant Deed. The Irvine Company to the State of California [Overlook Pars] • 15. Grant of Easements. The Irvine Company to the State of of California [Access Easements to Overlook Parcels! 16. Grant of Easements. The Irvine Company to the State of California [Orchard Drive, ''north Star Beach, Constellation Drive and Mar` -ners Drive Access Ease- ments) 17. Corporation Grant Deed. The !---vine Company Jointly to the County of Orange and the City of Newport .Beach [Park parcels at Irvine Avenue, Mariners Drive and North • Star Beach] 18. Grant of Easement. The Irvine Company, Jointly to the County of Orange and the City of Newport Beach [Trails and Access Easements - University Drive to 23rd Street, Big Canyon (2), Dover Shores South, Irvine Avenue (2) and Mariners Driven 19. Indemnity Agreement. The Irvi Company to ti,.e State of California. Executed April 24, 1975. 20. State of California - Title insurance Policy No. OR- 1163848 [Back Bay Drive] FM 21. State of California - Title Insurance Policy No. OR- 1165350 [Take Areal 22. State of California - Title Insurance Policy No. OR- 1168468 [Overlook Parcels] 23. State of California - Title IrEarance Policy No. OR- 1168468 -A [Servient Tenement to Overlook Parcels! 24. State of California - Title Insurance Policy No. OR- 1168483 [Access Easements to Overlook Parcels] 25. State of California - Title Insurance Policy No. OR- 1168486-A [Access Easements - Orchard Drive, North Star Beach, Constellation Drive and Mariners. Dive) 26. County of Orange - City of Newport Beach - Title Insurance Policy No. OR-116g484 [Access Easement - Constellation Drive] 27. County of Orange - City of Newport Beach - Title Insurance Policy No. OR- 116.485 [Access Easement to Trail- University Drive to 23rd Street) 28. County of Orange - City of Newport Beach - Title Insurance Policy No. OR- 116:486 [Park Parcels at Irvine Avenue, Mariners Drive, North Star Beach] 29. County of Orange - City of Newport Beach - Title Insurance Policy No. OR- 1163493 [Big Canyon Trails] 30. County of Orange - City of Newport Beach - Title Insurance Policy No. OR- 1168488 [Trail Easement University Drive to 231d Street] 3. 4. 31. Lease. The Irvine Company to Shellmaker., Inc. November 1, 1952. 32. Extp-nsion of Lease. The Irvine Company to Shellp_iaker, Inc. November 1, 1955. 33. Extension of Lease. The Irvine Company co Shellmaker, Inc, November 1, 11.956. 34. Lease. The Irvine Company to Shellmaker, Inc. May 1, 1959. 35. Agreement Extending Lease. The Irvine Company to Shellmaker., Inc. May 7, 1964. 36. License Agreement. The Irvine Company, Shellmaker, Inc., Regents of the University of California. August 30, 1965. 37. Extension of License Agreement. The Irvine Company, Shellmaker, Inc., Regents of the University of California, August 30, 1970. 38. Chapter 415, Statutes 1975 [Assembly Bill No. 831 39 Grant Deed. County of Orange to the State of California, acting by and through the State Lands Commission. January 8, 1976. 40. Lease PRC No. 5091.9. State of California, acting by and through the State Lands Commission, to the State of California, acting by and through the Department of Fish and Game. 41. Satisfaction and Release. April 6, 1976. Between the Irvine Company and the State of California. 4. UPPER NEWPORT BAY SETTLEMENT AGREEMENT FOR TRANSFER OF CERTAIN REAL PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH, JOINTLY, AND THE STATE OF CALIFORNIA BY THE IRVINE COMPANY AND FOR THE SETTLEMENT OF PENDING LITIGATION 10511 Recording Requested by and When Recorded Mail to:.. EXEMPT First American Title Company C 1 0. 421 North Main Santa Ana, California. 611 13 10r4tulq YKCORDING 1"U"TE9 M FIRST AMERICAN TITLE INS. CO. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORMA 0 w: 8 AM APR 141975 J. WYLIE CARLYLE. Cowq RwoMst (State of California Official Bus ess• Document Entitled to Free Recordation Pursuant to Government Code Section 6107) �;'IUPPER NEWPORT BAY SETTLEMENT AGREEMENT FOR TRANSFER OF CERTAIN REAL PROPERTY TO THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH, JOINTLY, AND THE STATE OF CALIFORNIA BY THE IRVINE COMPANY AND FOR THE SETTLEMENT OF PENDING LITIGATION THIS AGREEMENT, made and entered into as of the 11th day of April, .1975, by and between the CITY OF NEWPORT BEACH, a Ismunicipal corporation (hereinafter referred to as "the City "); COUNTY OF ORANGE, a political subdivision of the State of California (hereinafter referred to as "the County'); THE IRVINE COMPANY, a West Virginia corporation (hereinafter referred to as "Irvine "); STATE OF CALIFORNIA, acting by and through the Depart- ment of Fish and Game (hereinafter sometimes interchangeably referred to as "the State" or "the Department ").; and FIRST AMERICAN TITLE COMPANY, a California corporation (hereinafter referred to as "the Escrow Agent "): W I T N E S S E T H: WHEREAS, Upper Newport Bay is one of the last remaining relatively natural estuaries in Southern California which provides habitat for a large number of wildlife and marine species, including at least five rare and endangered species, and which is in a relatively undisturbed condition but surrounded by an urban community comprised of about ten million people who live within a radius of eighty miles; WHEREAS., it is the purpose of this Agreement to preserve for the general public and promote as a permanent wetland habitat the portions of Upper Newport Bay and adjacent lands which are still in a relatively unimproved state and to settle more than ten years of controversy concerning the future use of said area; i l l 1376?c 1515 WHEREAS, the portions of Upper Newport Bay and adjacent lands which are affected by this Agreement are those lands which are described in Exhibits 1 through 8 and generally depicted on Exhibit 9 (all of which exhibits are attached hereto and incorpo- rated herein by reference); WHEREAS, Irvine asserts that it is vested with title to all that certain real property which is located within the perimeter description set forth in Exhibit 1 to the extent said certain real property is within the boundaries of the lands described in the following patents to Irvine's predecessors in interest: (a) United States patent of Rancho San Joaquin recorded in Book 1 at Page 140 et seq., of Patents in the Office of the County Recorder of Los Angeles County; (b) United States patent of Rancho Santiago de Santa Ana . recorded in Book 3 at Page 397 et seq_, of Patents in the Office of the County Recorder of Los Angeles County; (c) State of California patent issued as a result of Tide Land Location No. 204 recorded in Book 1 at Page 245 at seq., of Patents in the Office of the County Recorder of Orange County; (d) State of California patent issued as a result of Swamp. and Overflowed Location No. 3091 recorded in Book 1 at Page 137 at seq., of Patents in the Office of the County Recorder of Orange County (and United States patent to State of California recorded in Book 1 at Page 291 at seq., of Patents in the Office of the County Recorder of Orange County]; WHEREAS, the State, in 1919, conveyed to the County, in trust, all of the State's remaining right, title and interest in sovereign tide and submerged lands within Newport Bay located outside of the then existing corporate limits of the City by 2 u11376M1516 Chapter 526, Statutes of 1919, and portions of the lands so conveyed by said legislative trust grant to the County are situated within the perimeter description set forth in said Exhibit 1; WHEREAS, the County, in 1926, brought an action against Irvine (Orange County Superior Court Civil No. 20436) seeking to quiet the County's title to the lands it received by virtue of the 1919 trust grant from the State and as a. result thereof e judgment (recorded in Book 19 of Judgments at page 309) was obtained describing the lands and interests so conveyed to the County and the lands and interests owned by Irvine at that time, to wit: `. • (a) The County was found to be the owner in trust of all lands lying bayward of the described ordinary high tide line around the perimeter of Upper Newport Bay, excepting therefrom the islands in said bay and those tidelands which were included within Tide Land Location No. 204; and as to said tidelands within Location No. 204 the County was found to be the owner of the public easement and rights of fishery and navigation over said tidelands by virtue of said State trust grant; and (b) Irvine was found to be the fee owner of the land upland from the aforementioned ordinary high tide line, the • owner of the underlying fee to the tidelands within said Location No. 204 subject to the above easement and rights of the County and the owner of an island situated in said Upper Newport Bay known today as "Upper Island" (at the time of said .decree, Irvine had not succeeded to any private title rights which may exist as to the additional islands within said bay);. WHEREAS, the State Legislature, in 1957, enacted Chapter 2044, Statutes of 1957, which authorized the County, in 3 ax 1 1376 Pc 1517 appropriate circumstances, to exchange certain of said sovereign trust lands for lands of the owners of contiguous uplands in the course of developing Upper Newport Bay as a harbor; WHEREAS, following enactment Of said Chapter 2044, the County, Orange County Harbor District and Irvine entered into an agreement on January 13, 1965, to exchange certain properties In Upper Newport Bay, which agreement became the focus of serious public controversy over the uses to which Upper Newport Bay should be put, the type of development, if any, which should take place in said bay, the extent and nature of public and private title to lands located within and adjacent to said .bay and the proper amount of real property taxes which should be paid by `• Irvine in connection with lands in said upper bay area as to which it asserts ownership; WHEREAS, during the period since 1965, the following events have occurred in connection with said controversy: (a) In 1967, the California State Lands Commission, acting pursuant to the provisions of said Chapter 2044, approved the County- Irvine exchange. agreements (b) In 1968, Irvine, pursuant to the provisions of the exchange agreement and a November 12, 1968 amendment thereto, conveyed certain lands in Upper Newport Bay to the County (the conveyances of Irvine are recorded in Book 8885 at • Pages 409 et seq. and in Book 8886 at Pages 947 et seq., of Official. Records in the Office of the County Recorder of Orange County); and, by ordinance of the County Board of Supervisors, harbor lines in conformity with said agreement were established; (c) In 1969, an action was commenced to obtain . judicial confirmation of the constitutionality of the exchange (County of Orange v. Heim, Orange County Superior Court Civil No. M- 1105), and citizens who opposed the exchange 4 sx l l 376PC 1518 intervened. The trial court, in 1970, found the exchange to be lawful and this decision was appealed; (d) In January 1971, the County adopted Resolution No. 71 -.28 which recited County's intent to rescind the County- Irvine exchange agreement. The County delivered a notice of termination of the exchange agreement to Irvine and tendered deeds to Irvine reconveying the property which Irvine had previously conveyed. (The County reconveyances are recorded in Book 9525, at Pages 832 at seq. and Pages 835 et seq., of Official Records in the Office of the Orange County Recorder, and Irvine's refusals to accept the reconveyances are recorded in Book 9536, at Pages 156 et seq. and Pages 158 �--� et seq., of Official Records in said office.) Irvine filed a complaint for damages and adeclaration that the County could not cancel the exchange agreement, and the County cross - complained for a declaration that it had lawfully rescinded the exchange agreement. That action is entitled "The Irvine Company v. County of Orange, et al.," Orange County Superior Court No. 182788, and will hereinafter be referred to as the "Declaratory Relief Action "; (e) In March 1971, the County Board of Supervisors adopted Resolution No. 71-326 requesting the United States Secretary of Interior to review and report on the preser- vation values of Upper Newport Bay. Pursuant to this -- request, a federal - state -local agencies task force was created which was known as the Upper Newport Bay Field Committee; (f) In May 1972, the County Board of Supervisors directed that a lawsuit be initiated alleging that certain Irvine properties in Upper Newport Bay were subject to prescriptive rights. That action was based in part upon. a County report dated April, 1972, entitled "Upper Newport Bay 5 8x 11376rc 15 19 Study of Public Rights and Access," which report was pre- pared pursuant to a County Board of Supervisors minute order of June 1, 1971. Irvine began paying its taxes on such properties under protest and cross- complained for a refund of such taxes and for inverse condemnation. That action is entitled "County of Orange v. The Irvine Company, et al.," Orange County Superior Court No. 194245, and will herein- after be referred to as the "Prescriptive Rights Case "; (g) In February 1973, . the California Court of Appeals set aside the trial court decision in County of Orange v. Heim, 30 Cal.App.3d 694 (1973) thereby refusing to approve the County- Irvine exchange. -� (h) In April 1973, Irvine announced that, after consultations with federal, state and local agencies, it had decided not to appeal the Heim case to the California Supreme Court. Instead, Irvine proposed a new approach involving mutual and concerted efforts by public agencies and Irvine to achieve public ownership of Irvine's interests in Upper Newport Bay and to find mutually acceptable ways of terminating existing lawsuits; (i) In October 1973, . the California Department of Fish and Game, through the State Resources Agency, proposed to the United States Secretary of Interior, the County and the City that the Department, with the approval of other govern- mental agencies, assume the leadership in the acquisition, rehabilitation, protection and management of Upper Newport Bay as a valuable natural resource. Secretary Morton of the United States .Department of Interior and the City approved the proposal by letters. The County adopted Resolution No. 73 -1314 giving similar assent to the Department being ". the lead agency relative to the rejuvenation and preservation of the Bay . . ." and agreeing "that the Bay is 6 sK 11376Pc 1'520 of State and National significance and that acquisition of the necessary property rights for implementing the Bey plan rests with the State Department of Fish and Game and agrees that negotiations shall be between the governmental agency acquiring rights in the Bay and the property owner. . . , (j) In October 1973, by Resolution 73 -1263, the County Board of supervisors authorized the employment of C. E. Parker to conduct a historical legal investigation regarding the status of title to three islands in Upper Newport Bay and the employment of Woodward- McNeill and Associates to make certain geological studies regarding said islands. Reports have been issued by said consultants raising a number of questions, but to date no definitive conclusions have been reached. (k) Following conveyance by Irvine to County of Irvine's property, the county assessor, for tax years 1969- 70 through 1972 -73, commingled into fifteen assessor's parcels approximately 376 acres of property owned by County, 432.5 acres of property conveyed by Irvine. to County and 84.5 acres of Irvine property not conveyed to County. The commingled assessor's parcels were assessed to "Irvine, et al." On October 25., 1973, Irvine filed an action for a declaration that taxes upon, and sales to the State of, such assessor's parcels were null and void and for an injunction restraining the tax collector from executing tax deeds conveying Irvine's properties to the State for such taxes. That action is entitled "The Irvine Company V. Robert L. Citron, et al.," Orange County Superior Court No. 207859, and will hereinafter be referred to as the "Tax Case." .(1) For tax years 1973 -74 and 1974 -75, the assessor reparceled the Irvine and County properties referred to in the preceding paragraph with certain other Irvine property 7 ex 1 1376rc IF into new assessor's parcels with the result that 144..86 additional acres of Irvine land which has not been conveyed to County became commingled in assessor's parcels with property which had been conveyed to County by Irvine.. (m) Irvine appealed the valuation placed on certain of its properties in the vicinity of Upper Newport .Bay by the assessor for the tax years 1973 -74 and .1974 -75. Those appeals are still pending and no hearing has taken place before the Assessment Appeals Board; (n) in February 1974, the Upper Newport Bay Field Committee completed and distributed a report entitled "An Integrated Plan to Protect Upper Newport Bay," Committee Draft No. 1 dated December 28., 1973, which summarized the importance of preserving Upper Newport Bay as a natural wildlife habitat with compatible public recreation; (o) In February -March 1974, the State and Irvine executed a Memorandum of Understanding to adopt a procedure for seeking to obtain complete public ownership of those portions of Upper Newport Bay which have coastal wetland habitat value. A copy of said Memorandum is attached hereto as Exhibit 10 and incorporated herein by reference. Pur- suant to that Memorandum, negotiations proceeded for the public acquisition of private title interests within Upper Newport Bay; (p) In March 1974, the California Attorney General supplied the Department with an opinion that lands acquired by the state from Irvine under certain criteria are immedi- ately removable from the tax rolls. A copy of said opinion is attached hereto as Exhibit 11; (q) In June 1974, the Secretary of Interior approved the Upper Newport Bay Field Committee final report entitled "An Integrated Plan to Protect Upper Newport Bay" dated May 3, 1974; 8 sK I t 376rc 1522 (r) In November 1974, the State Lands Commission and office of the Attorney General began a further intensive review of the titles to the three islands located in Upper Newport Bay based upon all known documents. Based upon that review, it appears that a principal assumption upon which the settlement negotiations resulting in this Agreement was premised is correct - that is, that lengthy and costly litiqation would be required to lay to rest all questions which have been raised with regard to said title and such requirement has been reflected in the price set forth in .paragraph 2.2 of this Aqreement insofar as the State and Irvine are concerned; i(s) In November 1974, the Department reached a pro- posed settlement with Irvine for the public acquisition of all of Irvine's title interests in certain Upper Newport Bay properties defined herein as the "Take Area ". A letter setting forth the general provisions of the proposal was sent to the City and a copy thereof delivered to the County. Included in the proposal was a proviso for the concurrent .settlement of existing litigation between the County and Irvine. Meetings were held between State, County and City officials and Irvine as a result of which general agreement settlement of all pending litigation with Irvine, endorsed the settlement between the State and Irvine (although noting that it had not participated in the negotiations relating to value), and authorized all necessary actions to complete the settlement; (t) on December 6, 1974, the California Fish and Game Commission approved the settlement and authorized the Department to proceed with the implementation thereof; 9 on a settlement of all pending matters was reached. The • Board of .Directors of Irvine authorized the settlement on November 12, 1974. The County Board of Supervisors by resolution adopted on November 19, 1974, authorized the settlement of all pending litigation with Irvine, endorsed the settlement between the State and Irvine (although noting that it had not participated in the negotiations relating to value), and authorized all necessary actions to complete the settlement; (t) on December 6, 1974, the California Fish and Game Commission approved the settlement and authorized the Department to proceed with the implementation thereof; 9 it 11376F 1 523 (u) On December 23, 1974, the Newport Beach City Council Adopted Resolution Nn, 8415 nulhorizlnq the ncrep- tnnre of title to those parcels and oasrmvnts to be conveyed to the City pursuant to this Agreement; (v) Irvine and County reached an aqreement pursuant to which Irvine will pay approximately $1,650,000 of taxes (subject to certain adjustments) in settlement of the various tax disputes referred to herein. However, it has been alleged that Irvine may not own the three islands in Upper Newport Bay or that Irvine may own those islands but as tidelands subject to an easement in favor of the public for fisheries, navigation and commerce. Irvine is unwilling • to pay tax year 1969-70 through 1974 -75 taxes upon the islands as a part of a settlement of the various lawsuits unless provision is made for a refund of such taxes in the event that it is subsequently adjudicated in a lawsuit commenced by any person or entity before the earlier of (a) payment of the Take Area purchase price by the State to Irvine, or (b) four years of the date of conveyance of the Take Area to the State by Irvine, that Irvine never owned the islands, or that Irvine owned the islands subject to a public easement for fisheries, navigation and commerce, or that the islands are not swamp and overflow lands but • submerged lands or tidelands; WHEREAS, compromise agreements set forth herein between the State, County, City and Irvine have been reached which will provide for immediate public acquisition of those portions of Upper Newport Bay and adjacent lands appropriate for a wetland habitat and compatible public uses with public access to portions of said area; will allow the State up to five years to pay for the private title interests so acquired; and will terminate all pending litigation relating to Upper Newport Bay;. 10 BK 11376 po 524 in Paragraph 6..1 a fully executed conveyance to the State of all of those title interests of Irvine specified in Exhibit • 1, attached hereto and incorporated herein by reference, to the real property described in said exhibit. The Irvine. conveyance to the State shall be in substantially the same form as said exhibit. (b) Concurrently with the deposit of the conveyance referred to in Paragraph 2.1(a), Irvine shall also deposit into escrow a fully executed conveyance to the State of the underlying fee title to that area generally known as Back Bay Drive together with a relinquishment of any access to 11 WHEREAS, the State, as a result of this transaction, will rrc,,ivry a policy of title insurance which, if it is sub - sequently determined that the aforementioned islands are tide- lands or :submerged lands, will provide for reimbursement to the State of public moneys expended pursuant to this Agreement; NOW, THEREFORE, for and in consideration of the fore- going and the mutual covenants and agreements herein contained or provided for, and other consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: Article 1 DEFINITIONS 1.1 "Take Area" means the property to be conveyed by `". Irvine to State pursuant to Paragraph 2.1 and by means of the deeds, forms of which are attached as Exhibits 1 and 2. 1.2 "Close of Escrow" means the date set by the Escrow Agent pursuant to and in accordance with Article 6. Article 2 ECOLOGICAL RESERVE 2.1 Irvine Conveyance to State of the Take Area. (a.) Within fifteen days of the effective date of this Agreement, Irvine shall deposit into the escrow provided for in Paragraph 6..1 a fully executed conveyance to the State of all of those title interests of Irvine specified in Exhibit • 1, attached hereto and incorporated herein by reference, to the real property described in said exhibit. The Irvine. conveyance to the State shall be in substantially the same form as said exhibit. (b) Concurrently with the deposit of the conveyance referred to in Paragraph 2.1(a), Irvine shall also deposit into escrow a fully executed conveyance to the State of the underlying fee title to that area generally known as Back Bay Drive together with a relinquishment of any access to 11 811 1376p 15,g said road from abutting land located landward of said road and northerly of Big Canyon. The conveyance and legal description of the property shall be in substantially the form as Exhibit 2 which is attached hereto and incorporated . herein by reference. 2.2 Payment of Money by State to Irvine. Within five years of the date of the close of escrow, the State of California shall pay to Irvine from any funds which may be appropriated by the Legislature the total amount of $3,481,000 for the Take Area. Partial payments of said amount may be appropriated and paid by the State to Irvine during said five year period, provided that, if the entire aforementioned total amount is not appropriated and paid within said five year period, Irvine shall return any and all of such partial payments as a condition precedent of Irvine's seeking to enforce the .provisions of this Agreement regarding the failure of the State to pay said total amount. Irvine :shall not be entitled to the payment from the State of any interest, fee or other charge, regarding said total amount. In the event any partial payments of said amount are returned to the State by Irvine in accordance with the provisions of this paragraph,, the State shall not be entitled to the payment. from Irvine of any interest, fee or other charge regarding the funds received by Irvine as such partial payments.. Failure of the Legislature to . appropriate said total amount or any portion thereof shall not constitute a breach of this Agreement nor subject the State to any liability whatsoever. Nothing herein shall preclude the State from.obtaining and applying funds from any source toward the payment of said total amount. Any funds so obtained and applied shall reduce the amount to be paid from appropriations.. In the event the total amount is not paid within said five year period, any funds so applied to said amount shall be refunded by Irvine to the source of said funds as a condition precedent of *Access is also relinquished southerly of San Joaquin Road. 12. III 1376nIg26 Iry ii.,•':i ncf-)(inq to �-nf orev the provi:: ions of thi:t Agreement rcgardinq the failure of the State to pay said total amount. Any payment of the Take Area purchase price shall be made in two or more installments, the first two of which shall not occur during the same twelve month period commencing May 1st and ending April 30th. Notwithstanding the foregoing, if an installment of less than the entire amount is made prior to the April 30th following the close of escrow, such installment shall be less than twenty -nine percent (299) of the entire Take Area purchase price. In the event the first payment is made in the fifth year following the close of escrow the second payment shall be made no earlier than the following May 1st, even though such day may be • in the sixth year following the close of escrow. 2.3 Parties' Efforts to Obtain Appropriation at Earliest Possible Time. The parties hereto agree to use their best efforts to obtain, at the earliest date possible., the necessary appropriations for the payment of the total amount specified in Paragraph 2.2 and also will seek any funds which may be available from any other :source (such as federal matching funds) to augment such appropriations for that purpose. 2.4 Reconveyance of Property in Event of Nonpayment. If the State does not pay the total amount set forth in Paragraph 2.2 within the time specified therein, Irvine shall have the • right to demand and receive a reconveyance from the State of all the title interests which Irvine conveyed to the State pursuant to the provisions of Paragraph 2.1. Upon the expiration of said period of time and failure of full payment, Irvine shall deliver a written demand to the State requiring full payment of said amount or such a reconveyance from the State within the ninety days of the giving of such notice. Failure of the State to so respond to such a demand within the ninety day period sh311 entitle Irvine to initiate an action in a court of proper juris- diction to compel delivery of such a reconveyance from the State. 13 BK 11376ec 1 527 2.5 Iry ine's Lack. of Right to Use the Take Area Prior to ,F uull F!ayment by State. During the period of time between the �lnnr• of .escrow and full payment of the amount set forth in Paragraph 2..2 within the time specified in said paragraph, Irvine shall have no right of entry or right to use the Take Area beyond those rights normally afforded the general public upon . said lands. 2.6 State's Use of Take Area Prior to Full Payment by State. They State shall have the full .right of occupancy and use of the Take Area during the period of time between the close of escrow and full payment of the amount set forth in Paragraph 2.2 within the time specified in said paragraph. The State �.� covenants that during said period the State will not change the character of any portion of the Take Area in such a way as to diminish the value of the property for private use; provided, however, that the State may remove any silt deposits necessary to restore the Take Area to the tidal flow condition which existed in 1912 as indicated on that certain map of Newport Hay, .California prepared by the United States Engineers Office,. lion Angeles, California, and approved October 11, 1912. Irvine's sole legal remedy to enforce the foregoing covenant shall be an action for legal or equitable relief to prevent the State from taking such exempt from taxation, such property interests shall be removed from the tax .rolls of Orange County, and Irvine shall not be taxed upon such conveyed interests. 2.8 Extent of County Participation. The County, by resolution adopted November 19, 1974, concurs that this trans- action between the State and Irvine is in the public interest. 14 action which would so change the character of said property. • 2.7 Take Area to be Tax Exempt.. It is the intent of �. all parties that upon the close of escrow the property interests. of Irvine in the Take Area conveyed to the State shall become exempt from taxation, such property interests shall be removed from the tax .rolls of Orange County, and Irvine shall not be taxed upon such conveyed interests. 2.8 Extent of County Participation. The County, by resolution adopted November 19, 1974, concurs that this trans- action between the State and Irvine is in the public interest. 14 6111376?9 1528 The County also acknowledges that the Department, as the lead agency, han the rc^ponsibility of obtaining necessary property rights to implement the plans for an ecological reserve in Upper Newport Say. Although fully cooperating and participating in other aspects of the settlement set forth in this Agreement, it is acknowledged that the County has not participated in negotia- tions relating to the consideration to be paid by the State for the Take Area and takes no responsibility for the amount of said consideration. 2.9 Assignment of State's Interest to County in Event State Determines It will Not Make Full Payment Pursuant to Paragraph 2.2. In the event the State determines that it will not make full payment to Irvine pursuant to Paragraph 2.2 hereof, the State may with County's consent assign all of its rights pursuant to Article 2 hereof to the County subject to such terms and conditions as are mutually agreed upon by the State and County. Article 3 PRESCRIPTIVE RIGHTS CASE SETTLEMENT 3.1 County - Irvine Litigation. As noted in the reci- tals to this Agreement, the County filed an action against Irvine. alleging that certain portions of Upper Newport Say and adjacent lands as to which Irvine asserts title are encumbered by pre- scriptive publicrights. The action is entitled, "County of •Orange v. The Irvine Company,." Orange County Superior Court Civil No. 194245. Irvine has denied the County's allegations. Settle- ment of this action is a condition precedent for the close of escrow. The offices of the Attorney General and County Counsel have independently conducted an extensive review of the facts giving rise to the litigation. Based upon this review, it has heen concluded that the evidence presently available is insuffi- cient to establish a finding of prescriptive rights with regard to the following portions of the Upper Newport Bay area: (a) the 15 BK 11376rc152.9 area formerly occupied by a salt works; and (b) the islands within Upper Newport Bay to the extent they are swamp and over- flowed lands. With regard to the lands located within Tide Land Location No. 204, the public use thereof has been pursuant to the State's retained easement of commerce, navigation and fisheries, and consequently no prescriptive rights have arisen. As to the remaining areas within the Take Area, the effect of any possible prescriptive rights have been reflected in the total amount of money to be paid by the State. Finally, as to the areas affected by the Prescriptive Rights Case located outside the Take Area, a settlement has been reached pursuant to which Irvine will convey certain properties and easements to the County and City or State. The Prescriptive Rights Case will be dismissed pursuant to stipulation, a form of which is attached as Exhibit 12. 3.2 I'.rvine Conveyances to State. As a part of the settlement of the Prescriptive Rights Case, within fifteen days of the effective date of this Agreement, Irvine shall deposit into escrow fully executed conveyances to the State Of the lands and easements set . forth in Exhibits 3., 4 and 5. The Irvine con- veyances to the State shall be in substantially the same form as said exhibits.. 3.3 Irvine Conveyances to County and City. As apart of the settlement of the Prescriptive Rights Case, within fifteen • days of the effective date of this Agreement, Irvine shall deposit into escrow fully executed conveyances conveying to the County and City jointly the lands and easements set forth in Exhibits 6, 7 and 8. The Irvine conveyances shall be in sub- stantially the same form as said exhibits. 3.4 Extension of Easements.. Irvine agrees that if Irvine reacquires title to the Take Area, Irvine will extend the relocatable pedestrian easements described in Exhibits 5 and 7 to the line of mean high tide adjudicated by the Orange County 16 of I ! 376rc 1530 Superior Court in 1926. An extension of an easement shall be relocatable in the same manner as set forth in the deed granting the easement. 3.5 Dismissal of Prescriptive Rights Case. Irvine, City, County, and State, acting through their respective counsel, shall execute a Stipulation in the form attached as Exhibit 12 dismissinq the Prescriptive Rights Case. The Stipulation shall be deposited in escrow and shall be filed by the Escrow Agent with the clerk of the Orange County Superior Court when the Escrow Agent is in a position to close escrow but one day before the close of such escrow. The parties do not intend that the execution and filing of said Stipulation shall have any effect on the public's rights in the tidelands owned by Irvine pursuant to Tidelands Patent No. 204. 3.6 Clarification of County Resolution. County Board of Supervisors Resolution No. 74 -1667, which approved the settle- ment of Upper Newport Bay problems along the general lines set forth in this Agreement, contains a statement that "the County reserves the right to renew any and all assertions with regard to title and value concerning the lands described in the deed from The Irvine Company to the State." County hereby affirms that it intended by that statement only to reserve the right to later assert that the three islands in Upper Newport Bay are either submerged lands or tidelands. Any and all County claims to prescriptive rights over any of Irvine's property in or adjacent to Upper Newport Bay are finally settled pursuant to the provi- sions of this Article 3. Article 4 COUNTY TRUST GRANT 4.1 State Trust Grant to County. As noted in the preceding recitals, the State granted to the County, in trust, by Chapter 526, Statutes of 1919, all of the State's remaining title to sovereign tide and submerged lands in Upper Newport Bay. The 17 8111376 PC 1331 County's uses of said trust lands is limited by said statute to harbor purposes. In order to effectuate the settlement provided for herein, it is necessary that the Department be Riven juris- diction and control of that portion of the trust grant located :within the ecological reserve which will be established as a result of this Apreament. Authority for the County to transfer an interest in North Star Beach to the City is an integral part of the settlement of the Prescriptive Rights Case. Gerislative authorization to provide for additional . uses of the trust lands by the public is required to reflect current public needs for the area. The form of the amendments required to accomplish the foregoing and to make other necessary changes in said grant shall be in substantially the form attached hereto as Exhibit 13 and incorporated herein by reference. 4,2 Cooperation of Parties to Obtain Amendment of Grant. The parties hereto agree to use their best efforts to obtain lenislation to accomplish the amendment of the County trust grant to conform as closely as possible with proposed amendment; set forth in paragraph 4.1. 4.3 Conveyances by County to State and City of Trust Grant Lands. Upon an amendment of the trust grant becoming • effective; the County shall thereupon make the conveyance to the State which is authorized in such an amendment and shall convey to the City an undivided one -half interest in Borth Star Beach as also authorized therein. 4.4 Repeal of County Harbor Line Ordinance. Within forty -five days of the close of escrow the County will initiate action for the repeal of County Ordinance 140. 2200 of January 30, 1968, establishinp harbor lines in Upner Newnort Bay. Article 5 TAX CASK AND DECLARATORY RELIEF ACTION 5.1 Stipulation and Judgment Re Tax Case. Irvine and County, acting through their respective counsel, shall sign the is. BK 11376PC 1 532 stipulation attached hereto as Exhibit 14 and the injunction and declaration attached hereto as Exhibit 15, and shall deposit the stipulation and injunction and declaration with the Escrow Agent.. It shall be a condition precedent to the close of escrow that Robert L, Citron, as tax collector, and Jack P. Vallerga, as assessor, each acting, through their counsel, also sign the stipu- lation and injunction and declaration prior to deposit in escrow. When the Escrow Agent is in a position to close escrow, but one day before the close of escrow, the Escrow Agent shall obtain the signature of the appropriate judge of the Orange County Superior Court on such injunction and declaration and shall file such stipulation and injunction and declaration with the clerk of said Court. If necessary, County will cooperate in obtaining such signature. 5.2 Cancellation of Taxes and Tax Sales. County shall deposit with the Escrow Agent the following additional documents which shall be released to Irvine at the close of escrow: (a) An order of the County Board of Supervisors, consented to by the City Attorney of Newport Beach, in the form attached as Exhibit 16, certified to be a. true copy by the County Clerk, cancelling all taxes on the parcels listed in Exhibit 19 in excess of $1,650,000 on the grounds that such taxes, penalties and costs were levied or charged • erroneously or illegally; (b) An order of the County Board of Supervisors in the form attached as Exhibit 1.7, certified to be a true copy by the County Clerk, cancelling any certificate or certificates of sale to the State of any of Irvine's property contained within assessor's parcels 440 - 181 -02 through 440 - 181 -16 for tax years 1969 -70 through 1973 -74. When the Escrow Agent is in a position to close escrow, but one day before the close 19 aK 1 1376K 1513 of escrow, the E.crnw Agent Shall file a copy of such order Witt) Ole County Auditor and iihall cause such order to be rri „riled lu 1h,- r,•ri. rds nl file Recorder of the County. ..l Irving withdrawal of Tax Prote ^ts. Irvine will 1rxeaute and place into escrow a letter in the form attached as Exhibit 18 withdrawing its protests of payment as to the parcels described therein. The letter shall be released to County at the close of escrow. 5.4 Irvine. Tax Payment. County and Irvine agree that Irvine shall pay taxes on the parcels listed in Exhibit 19 for tax years 1969 -70 through 1974 -75 in the total amount of $1,.650,000 (the "Tax Settlement ".) as more particularly set forth in Schedules ..• A through D of .Exhibit 19 and as adjusted pursuant to the follow- ing paragraph. Amounts already paid under protest or otherwise by Irvine as more particularly set forth in Exhibit 20 shall be credited against and shall reduce the amounts payable under the Tax Settlement. Irvine shall deposit with the escrow holder a check payable to the escrow holder in the amount of $275,500, which is the difference between the Tax Settlement and the previous payments indicated in Exhibit 20. At the close of escrow the holder shall release the $275,500 to County after adjustments required by the following paragraph. 5.5 Adjustment to Irvine Tax Payment. $429,549 of the • Tax Settlement is attributable to the current 1974 -75 tax year, and about $277,600 is the tax year 1974 -75 portion of the Tax Settlement attributable to the Take Area. Accordingly, the $275,500 portion of the Tax Settlement which is to be distributed at the close of escrow shall be reduced by the Escrow Agent in the amount of $771 per day ($277,600 divided by 360) for each day from and including . the date of conveyance of the Take Area to and including June 30, 1975. The amount by which the Tax Settlement is reduced shall be returned to Irvine at the close of escrow. 20 BK 1 1376n 1534 While the parties believe that the approximate amount of the Tax Settlement attributable to the Take Area for tax year 1974 -75 is aboni 5277,600, the exact amount of such taxes cannot be ascer- thierd until the Take Area In conveyed by irvinn to the State. Therefore, upon conveyance of the Take Area to the State by Irvine and recordation of the deed or deeds of conveyance, County shall promptly calculate and cancel that portion of the Tax Settlement attributable to the Take Area from and including the date of recordation of such conveyance or conveyances to and including June 30, 1975. When the exact amount of 1974 -75 taxes attributable to the Take Area are thus determined and cancella- tion has thus occurred, Irvine will promptly pay any additional • amount calculated to be due, if any; or County will promptly refund any amount calculated to have been overpaid, if any, by reason of the distribution based upon the aforementioned estimate and made in accordance with this paragraph. If Irvine disagrees with County's calculations as to the amount of the Tax Settlement attributable to the Take Area for 1974 -75, Irvine may file a suit for refund of such taxes. 5.6 Refund of Certain Taxes. The Take Area which Irvine will convey to the State includes three islands, title to which has been questioned. As noted in the recitals of this Agreement, if it is subsequently determined that said islands • are tidelands or submerged lands, the State will receive reimburse- ment of the public monies expended to acquire said islands pur- suant to this Agreement. The parties hereto agree that County should not retain taxes paid by Irvine on the islands if it is determined that the islands are not uplands owned by Irvine or its successors in interest. The pro rata portion of the Tax Settlement attributable to each of the islands is set forth in Exhibit 21, and such amount shall be deemed to have been paid under protest, and not voluntarily, as of the close of escrow. 21 811 1376PL 1535 Such portion of the Tax Settlement attributable to the islands shall be impounded by County until the earlier of (a) full payment of the fake Area purchase price to Irvine by the State, or (b) four years from the date of payment of the Tax Settlement, which ;hall be deemed to be the date of the close of escrows provided, however, that if a lawsuit challenging title to such islands is commenced by any person or entity prior to the earlier Of such dates, then Irvine may file a claim for refund pursuant to and within the time prescribed by Revenue and Taxation Code Section 5096 and within six months following rejection of such claim by County, Irvine may sue County by appropriate action based upon such claim and County shall continue to impound such • pro rata portion until a final adjudication of such lawsuit. Irvine and County agree that such lawsuit for a refund should be a part of or joined with the lawsuit challenging title to the islands. If any final adjudication of a lawsuit challenging title to such islands determines that such islands or any portion thereof are not uplands owned by Irvine or its successors in interest, then Irvine shall receive such refund of impounded taxes as the parties shall agree upon which are attributable to any portion of such islands as to which such a determination may be made, provided Irvine has filed a claim and a lawsuit for refund within the time and manner specified in this paragraph. • If the parties fail to agree as to the amount of taxes to be - refunded, the Court shall determine the amount of such impounded taxes which were erroneously or illegally collected and order a refund of such amount to Irvine. The Court may in its discre- tion remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment Appeals Boards. 5.7 Conveyance of Propertx bX County to Irvine. County shall execute deeds in the form attached as Exhibits 22 and 23 reconveying to Irvine the property conveyed to County by 22 8111376 Pc 1 536 irvino, punivant lu the land exchange agreement as amended. Such deeds shall be deposited with the Escrow Agent prior to the close Of escrow and shall be recorded pursuant to Article 6. 5..8 Dismissal of Declaratory Relief Action. Irvine, County and Orange County Harbor District, acting through their respective counsel, shall execute a Request for Dismissal in the form attached as Exhibit 24, dismissing the entire Declaratory Relief Action with prejudice. When the Escrow Agent is in a position to close escrow, but one day before the close of escrow, the Escrow Agent shall file the Request for Dismissal with the Clerk of the Orange County Superior Court. 5.9 Extent of State Participation. Although fully • cooperating and participating in other aspects of the settlement set forth in this Agreement, it is acknowledged that the State has not participated in negotiations relating to the settlements of the Declaratory Relief Action and Tax Case. The State not being a party to either of said actions is not involved in the substantive provisions of said settlements. Consequently, the State expresses no opinion on said substantive provisions and is not concurring in or approving said substantive provisions. Article 6 ESCROW 6.1 Opening of Escrow. An escrow under this Agreement shall be conducted at the Santa Ana office. of Escrow Agent. • 6.2 Escrow Instructions. Y (a) This Agreement shall constitute escrow instruc- tions to the Escrow Agent in addition to setting . forth the agreement of the parties; provided, however, that Escrow Agent shall have no obligation with respect to those matters . which, although an agreement between the parties, will not be part of the escrow, but which in accordance with their terms will survive the closing of escrow, (b) Upon receipt of the counterparts of this Agreement as provided below, Escrow Agent is authorized to detach the 23 u 11376 Po 1537 signature page or pages and certificates of acknowledgment . with respect thereto from any counterpart . thereof and attach them to other counterparts of this Agreement so as to form five complete copies thereof and shall thereafter proceed to record one of said copies in the Official Records of the Orange County Recorder, with instructions that after recorda- tion it is to be mailed to Escrow Agent. Escrow Agent shall thereafter insert the recording data on the other duplicate originals of this Agreement and mail a copy to each of the parties to this agreement. 6.3 Deposits into Escrow. (a) Deposits by City. The City shall deposit into • escrow within fifteen days of the effective date of this Agreement five copies of this Agreement fully and duly executed by the City. (b) Deposits by County. The County shall deposit the following documents into escrow within fifteen days of the effective date of this Agreement. (.1) Five copies of this Agreement fully and duly executed by the County. (2) An Order of the County Board of Supervisors cancelling taxes, certified to be a true copy by the County Clerk and consented to by the City Attorney of Newport Beach, a form of which is attached to this Agreement as Exhibit 16. (3) An Order of the County Board of Supervisors cancelling sales to the State, certified to be a true copy by the County Clerk, a form of which is attached to this Agreement as Exhibit 17. (4) Deeds to Irvine, forms of which are attached to this Agreement as Exhibits 22 and 23. 24 L it 1 1376ec 1538 25 (5) The stipulation for di! %mi!csal of thr Y7r- scriptive Rights Case, a form of which is attached to this Agreement as Exhibit 12. (c) Deposits by Irvine. Irvine shall deposit the following into escrow within fifteen days of the effective date of this Agreement. (1) Five copies of this Agreement fully and duly executed by Irvine. (2) $275,500. (.3) The stipulation, a form of which is attached to this Agreement as Exhibit 14, and which is to be executed • by the parties to the.. Tax Case through their respective counsel prior tn deposit in escrow. (4) The injunction and declaration, a form of which is attached to this Agreement as Exhibit 15, and which is to be executed by the parties to the Tax Case through . their respective counsel prior to deposit in escrow. (5) The Request for Dismissal of the Declaratory Relief Action -, which has previously been executed by counsel for County and Orange County Harbor District, a copy of which is attached to this Agreement as Exhibit 24. (6) The letter withdrawing tax protests, a farm • of which is attached to this Agreement as Exhibit 18. (7) The deeds, duly executed by all required signatories., forms of which are attached to this Agreement as Exhibits 1 through 8. (d). Deposits by State. The State shall deposit into escrow within fifteen days of the effective date of this . Agreement five copies of this Agreement fully and duly executed by the State. (e) Notarization. Al] signatures on the documents deposited into escrow which are to be recorded shall be duly acknowledged, or attested, as appropriate. 25 1 1 1 1 376rc 1539 6.4 Conditions Precedent to Close of Escrow. The close of escrow is conditioned upon: (a) The Escrow Agent's being in a position to deliver a .policy of title insurance satisfactory to State and Irvine. (b) The execution by Robert L. Citron and Jack P. Vallerga, acting through their counsel, of the stipulation and permanent Injunction and declaration forms of which are attached as Exhibits 14 and 15. (c) The Department's obtaining from the State Director of General Services all necessary approvals Of this Agree- ment in a form satisfactory to Irvine. 6.5 Close Of Escrow. When the conditions precedent in • Paragraph 6.4 have been satisfied, when all required documents have been deposited with the Escrow Agent and when all other instructions set forth in this Agreement have been complied with, the Escrow Agent shall set a date for the close of escrow in accordance with this Article 6 and shall perform the following acts on such date in the order set forth below: (a) The Escrow Agent shall record the deeds deposited in escrow in the following order: (1) Exhibit 22; (2) Exhibit 23; (3) Exhibit 1; • (4) Exhibit 2; (5) Exhibit 3; (6) Exhibit 4; (7) Exhibit 5; (8) Exhibit 6; (9) Exhibit 7; and (10) Exhibit B. (b) The Escrow Agent shall release to the County the following: 26 I BK 11376 PC 1540 (1) The $275,500 deposited by Irvine after deducting therefrom $771 per day for each day from and including the date upon which the Irvine deed conveying the Take Area is recorded to and including June 30, 1975. All amounts so deducted plus any accrued interest on all amounts held in escrow shall be returned to Irvine. (2). The Irvine letter withdrawing its tax pro- tests, a form of which is attached to this Agreement, as Exhibit 18. (c) The Escrow Agent shall release to Irvine the following: (1) The Order of the County Board of Supervisors • cancelling form is certain taxes, a of which attached to this Agreement as Exhibit 16. (2) The Order of the County Board of Supervisors cancelling certain sales to the State, a form of which is attached to this Agreement as Exhibit 17. (3) All amounts deducted from the $275,500 pursuant to Paragraph 6.5(b)(.1), plus any accrued interest on all amounts held in escrow. (d) The Escrow Agent may record any additional instru- ments delivered through this escrow, if necessary or proper in connection with the issuance of the policy of title • insurance for, instruments called provided such are recorded in conformity with the order for recording documents set forth in this paragraph. 6.6 Termination of Escrow. (a) If on June 30, 1975, the Escrow Agent is not in a position to close escrow and has not complied with Paragraphs 5.1, 5.2(b) and 5.8 hereof, a party hereto who is not then in default hereof may thereafter terminate this Agreement 27 aK 11376Pc 154.1 and the escrow created hereby. A party who is in default hereof shall not have the right to so terminate this Agree- ment and said escrow. If no party hereto shall terminate this Agreement and said escrow as aforesaid, both shall continue in full force and effect until such later date as the Escrow Agent shall be able to close said escrow as provided in Section 6.5 hereof, subject to the provisions of Paragraph (b) of this Section 6.6. (b) If the Escrow Agent is unable to close the escrow as provided in Section 6.5 hereof prior to December 31, 1975, said escrow shall automatically terminate on said date. • 6.7 Effect of Termination of Escrow. (a) In the event the escrow is terminated for any reason as provided in Section 6.6 hereof, the Escrow Agent shall forthwith return all documents to the party depositing the same; provided, however, that the stipulation (Exhibit 12), stipulation (Exhibit 14), injunction and declaration (Exhibit 15) and Request for'Dismissal (Exhibit 24) shall first be marked "VOID" in large, noticeable letters on the face of each. (b) If the escrow is terminated, and each party has performed his respective duties hereunder, this Agreement shall terminate simultaneously with the termination of the escrow and thereafter no party shall have any rights, duties, claims or obligations hereunder. (c) If the escrow is terminated and if any party has failed to perform his respective duties hereunder, each party shall have such rights and remedies as provided by law and in equity for the failure of such other party to perform. 28 O K I 1376Pe 1542 3 shall be borne by the State. (d) Each party hereto shall individually bear the respective fees, costs and expenses of any attorney, engineer, or other person retained or employed by it in connection with the subject transaction. 6.9 Rights of Escrow Agent. • (a) By executing this Agreement as provided below, Escrow -Agent accepts the rights, duties and responsibilities set forth herein pertaining to the Escrow Agent. (b) In the event conflicting demands are made or notices served upon Escrow Agent with respect to this escrow, the parties hereto expressly agree that it shall have the absolute right at its election to do either or Both of the following: (i) withhold and stop all further proceedings in 29 6.8 Allocation of Costs and Expenses. (a) The expenses and fees of the Escrow Agent includ- ing, but not limited to, those involved in recordation of various documents required to be recorded pursuant to the terms of this Agreement, if any, shall be borne equally by the State and Irvine. The compensation to be received by the escrow Agent shall be $1700.00 In addition thereto, the Escrow Agent shall be reimbursed for all expenses incurred in the execution of its duties pursuant to this Agreement. (b) The premiums and costs of the title insurance policies and endorsements with respect to the property • conveyed by the deed in the form attached as Exhibit 1 shall be borne by Irvine.. (c) The premiums and costs of the title insurance policies and endorsements with respect to the properties conveyed by deeds in the forms attached as Exhibits 2 and 3 shall be borne by the State. (d) Each party hereto shall individually bear the respective fees, costs and expenses of any attorney, engineer, or other person retained or employed by it in connection with the subject transaction. 6.9 Rights of Escrow Agent. • (a) By executing this Agreement as provided below, Escrow -Agent accepts the rights, duties and responsibilities set forth herein pertaining to the Escrow Agent. (b) In the event conflicting demands are made or notices served upon Escrow Agent with respect to this escrow, the parties hereto expressly agree that it shall have the absolute right at its election to do either or Both of the following: (i) withhold and stop all further proceedings in 29 ax 11376PC 1543 and performance of this <vierow, or (i i) file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate in such court their several claims and rights among themselves. In the event such interpleader suit is brought, the Escrow Agent shall ipso facto be fully released and discharged from all obli- gations to further perform any and all duties or obligations imposed upon it by this Settlement Agreement. (c) The Escrow Agent is not to be held liable for sufficiency or correctness as to form, or the manner of execution or validity of any instrument deposited in the escrow., .nor as to identity, authority or rights of any • person . executing the same, nor for failure to comply with any of the provisions of any agreement, contract, or other instrument filed herein or referred to herein, and its duties hereunder shall be limited to the safekeeping of such instruments or other documents as are received by it as Escrow Agent; and for the disposition of same in accordance with the written instructions by it in the escrow.. (d) prior to the close of escrow or termination thereof in accordance with the terms of this Agreement no party shall have the right to withdraw instruments or documents deposited by it with Escrow Agent. • (e) The Escrow Agent is hereby authorized to accept such further instructions and provisions relating to its duties and responsibilities which are consistent with the terms and conditions of this Agreement as particular parties to this Agreement may desire to provide the Escrow Agent. Escrow Agent shall attach such further instructions and provisions to its copy of this Agreement. Thereupon, such instructions and provisions shall become a part hereof and 30 0111376 PC 1544 shall be binding as between the Escrow Agent and the party so providing them and such other parties hereto which .indicate in writing their consent to be bound thereby. The Escrow Agent, prior to attaching such further instructions and provisions, may require the providing party to agree to additionally compensate the Escrow Agent for any additional services which the .Escrow Agent is hereby called upon to furnish. The Escrow Agent may delay attaching such further instructions and provisions to this Agreement until after this Agreement has been recorded. Should the party furnish- ing such additional instructions or provisions, or any other party agreeing to be bound hereto, or the Escrow Agent fail • to perform any provisions of this paragraph, said failure shall in no way affect the consideration supporting this Agreement and /or the validity or binding nature thereof. Nothing herein, however, shall affect or diminish the rights of any party to this paragraph at law or in equity, or both. (f) The Escrow Agent shall not be called upon to prepare any of the instruments which may be required. (g) All funds received by the Escrow Agent pursuant to the provisions of this Agreement shall be deposited with other escrow funds in a general escrow account, or accounts, with any state or national bank doing business in the State • of California, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of Escrow Agent. (h) When the Escrow Agent has filed all documents for record pursuant to the provisions of this Article 6, it shall proceed to distribute all documents remaining in its custody to the appropriate parties and deliver the policies of title insurance and other title assurances provided for 31 8 1 1 1 376rc 1 545 32 ',I All ],:I,- r, ,,, ,I„• ., l,propri:rt,• part i..s. upon completion thereof, the Escrow Agent shall give notice to the parties that it has completed its duties and 'responsibilities arising out of this Agreement and, absent an objection from any party within said ten days thereafter, shall be dis- charged of any further duties and responsibilities here- under. During said ten day period, any party may object to the Escrow Agent being discharged if any duties or responsi- bilities remain for the Escrow Agent to accomplish. Said objection shall be given in writing and in the manner for giving notices herein. The effect of such objection shall be to prevent the .discharge of the Escrow Agent until said • objection is withdrawn, another notice of completion has been given, and a.. ten day period without objection from any party has run. Article 7 MISCELLANEOUS. PROVISIONS 7.1 Effective Date. (a) This Agreement shall be effective upon the accom- plishment of all of the following-. (1) The execution of this Agreement by-. (i) City. (ii) County. • (iii) Irvine. (iv) State.. (v) Escrow Agent. (2) Approval of the Agreement by the State Director of General Services. (3) Recordation of this Agreement in the office Of the County Recorder of Orange County. (b) If this Agreement does not become effective by June 29, 1975, . it shall be null and void and of no effect whatsoever. 32 er 11 376PC 1546 7.2 Compromise Agreement. The agreements of the State, Irvine and County contained herein are, in part, a compro- mise and settlement of the disputes with regard to various tax, title and boundary matters concerning the Take Area and areas alleged to be subject to prescriptive rights in the Prescriptive Rights Case. In the event the close of escrow does not occur, nothing herein shall be an admission of any party hereto with respect to said matters and shall not be used by any party hereto in any proceeding, whether judicial or otherwise, to evidence the location, character, condition or legal status of any property or interest therein that is the subject of this Agreement, or the belief, statement, knowledge, or intent of any party hereto with respect thereto. • 7.3 Further Assurances. So long as authorized by applicable laws so to do, each of the parties hereto will do such further acts and execute, acknowledge and deliver all further conveyances and other instruments as may be necessary to more fully assure to each other .party hereto, all of the respective . properties, rights, titles, interests, estates, remedies, powers, and privileges to be conveyed or provided for herein. 7.4 Survival of Executory Provision. The parties agree that all provisions of this Agreement which remain to be performed after the close . of escrow shall survive such close the consideration supporting this Agreement or the validity or binding nature thereof.. Nothing : herein, however, shall affect or diminish the rights of any patty hereto at law or in equity, or both, to enforce the provisions of this Agreement against any other party hereto. i r f/1 1 3) and shall continue in full force and effect. Upon the close • of escrow, all such provisions of this Agreement shall be severable, :separate and distinct from the other provisions of this Agreement. Should any party fail to comply with any or all of such provisions after the close of escrow, such failure shall in no way affect the consideration supporting this Agreement or the validity or binding nature thereof.. Nothing : herein, however, shall affect or diminish the rights of any patty hereto at law or in equity, or both, to enforce the provisions of this Agreement against any other party hereto. i r f/1 1 3) I I I 9 376Pc 1547 7.5 Severability of Take Area Provisions.. Should Irvine exercise its rights pursuant to Paragraph 2.4 of this Agreement, such exercise shall have no effect upon the settlement Of the Prescriptive Rights Case, Tax Case and Declaratory Relief Case or the consideration supporting such settlement. 7.6 Gender. As used herein, whenever the context so requires, the neuter gender includes the masculine and the feminine, and the singular includes the plural and vice versa. Defined terms are to have their defined meaning regardless of the grammatical form, number or tense of such terms.. 7.7 Headings. The table of contents contained in this Agreement and the title headings of the respective articles and • sections of this Agreement are inserted for convenience only, and :shall not be deemed to be part of this Agreement or considered in construing this Agreement. 7.8 Notices. All notices required or permitted to be given to a party hereto or to the Escrow Agent by the provisions of this Agreement shall be deemed to have been given forty - eight (48) hours after such notice . is deposited in the United States mail as registered or certified mail, with postage thereon fully prepaid, addressed to such party at its address set forth under or opposite its signature to this Agreement, or when such notice is filed as a telegram with Western Union Telegraph Company, or • any successor in interest of said telegraph company, addressed as above provided, with all charges thereon fully prepaid. Any notice given in any other fashion shall be deemed to have been given when actually received by the addressee.. Any party hereto may change its address by giving written notice to all other parties hereto and the Escrow Agent. A copy of all notices given by a party to another party hereto also shall be given to the Escrow Agent and said notice shall not be effective until deemed 34 J L aK 11376rc 1548 r ATTEST: /1 .4HILLIAM E Si J0 ex -o By (.c County C er an c o �kZph ADD Diedrich Clerk of said Hoard of Chairman of its .Board of Supervisors �J Cu"-4L\ Sup�isors �A) 3 5 APPROVEDIAS TO FOR*- '•:IS tAN KU PER, County Counsel RANGE C �NTY, CALIFORNIA given to both the party to receive it and the Escrow Agent pur- suant to the provisions of this paragraph. The addresses of the parties hereto are as follows: (a) The City: City Clerk Newport Beach City Hall Newport Beach, California 92660 (b) The County: Clerk, Board of Supervision .Administration Building 515 North Sycamore Santa Ana, California (c) Irvine: The Irvine Company 550 Newport Center Drive Newport Beach, LA 92663 (d) The State: Office of the Attorney General 800 Tishman Building, 3580 Wilshire Boulevard Los Angeles, CA 90010 • Attn:. N. Gregory Taylor (e) The Escrow Agent: First American Title Company 421 North Main Street Santa Ana, California _ 7.9 Time. Time is of the essence . in this Agreement. ' 7.10 Separate Counterparts. This Agreement may be executed in any number of counterparts, and each executed counter- part shall have the same force and effect as an original instru- ment and as if all of the parties to the .aggregate counterparts had signed the same instrument. 7.11 Successors and Assigns. The terms, provisions and conditions hereof shall be binding . upon and inure to the benefit • of the parties and the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF ORANGE r ATTEST: /1 .4HILLIAM E Si J0 ex -o By (.c County C er an c o �kZph ADD Diedrich Clerk of said Hoard of Chairman of its .Board of Supervisors �J Cu"-4L\ Sup�isors �A) 3 5 APPROVEDIAS TO FOR*- '•:IS tAN KU PER, County Counsel RANGE C �NTY, CALIFORNIA CITY OF NEWPORT BEACH By STATE OF CALIFORNIA Approved as to form: DEPARTMENT OF FISH AND GAME by Evelle J. Younger, Attorney General By__ By C .�F 1 N. Gregory Tay, o , E. C Fullerton { Deputy Attorney etel Approved: State of • Departmey C fi BR 11376Pe154g I%E C �Aqy /X FIRST AMERICAN TITLE COMPANY SEAL THE IRVINE COMPANY �FST \P By D v STATE OF CALIFORNIA ) 98. COUNTY of ORANGE ) • On April, 1975, before me, the undersigned, a.No ry Public in and / or said State„ with principal office in County, personally appeared E. C. FULLERTON, known to me to the Director of the DEPARTMENT OF FISH AND GAME, STATE OF CALI- FORNIA, and known to me to be the person who executed the within instrument on behalf of said Department of Fish and Game, and acknowledged to me that said Department executed the within instrument pursuant to the applicable State law and a resolution of the Fish and Game Commission of the State of California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. E i Notary a ink or ne CounFy OFFICIAL StAL of Orange, State of California CAROL S. De PRIEST NOTARr.PUEI.I:: CALIFORNIA 36 PRINCIPAL OPFIrE IN ORANCG CQUNTy MY�Commfissi Expires May 27, 1077 BK I i 376PC 1 550 STATE OF CALIFORNIA ) ) Ss. COUNTY OF ORANGE ) On April //, 1975, before me, the undersigned., a Notary Pub c in and >;o saj,& o t and State, personally appeaa ' /Pllzl c9'�sC �4 known to me to be the, `t/J�?.��� Iee dl OT Tr-IRVINE COMPANY, the corporation that executed the within -- ins .. ument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I my official seal on the day above written. mmmmuumnnai�annxnimnmmm,mm,m,nn OFFICIAL SEAL CAROL B. De PRIEST toL� rqg; NOTARY PUSLIL CA f rPgA %Y PRI I IFA'.L f rF (. IY CPANGE COUNTY My Commission Expires May 27, 1977 lave hereunto set my hand and affixed and year in this certificate first Notary Public in and for the County of Orange, State of California • STATE OF CALIFORNIAY�� ss. COUNTY OF ORANGE ) On April i t, 1975, before me, the undersigned, a Notary Pu lic in an fo said ounty and State, personally appea ed known to me to be the 4. C-e� Z_z f FIRST AMERICAN TITL E/Z CE COMPANY, the corporation that executed the within in trument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolu- tion of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. • innnnnmiimm� :unnnnun.nn.n:.uo..... OFFICIAL SEAL 3 Notary Public In and for the County A'OL 3 Do PRIEST EST � Of Orange, State of California c,�y:/ PRINC {r; \I. ",l i'•:.'.:: it L) "'r1 . ORA; 1Gn Ci)URrY a e MY L.:Xnmission Lxpires May 27, 1917 37 IiGCuitlll l:F RCQUE5TGD BY AND ':1 ❑FS: kt ?COi�NLU MAIL TO: ."TATS 01' CALIFORNIA Bk. i 1 376f 1551 N. Gregory Taylor, Esq. Deputy Attorney Ceneral 900 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby • acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT to THE STATE OF CALIFORNIA, the real property in the City of Newport Beach, County of Oranger State of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed; SUBJECT TO covenants, conditions, restrictions, reservations and easements and rights of way of record. The land herein described is being acquired by Grantee pursuant to California Fish and Game Code Sections 1580, et seq. IN WITNESS WHEREOF, said corporation has caused its • corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: 1975. THE IRVINE COMPANY By President By Secretary Mail Tax Statements To% (Grantee Tax Exempt) EXHIBIT 1 4/7/75 BK 11376rc 1532 STATE OF CALIFORNIA ) ) as. COUNTY OF ORANGE' ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. • WITNESS my hand and official 'seal. Notary Public in and for sai County and State CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective 1975 by the undersigned • officer or agent on behalf of the DEPARTMENT OF FISIT AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By 2 �J sK 1 f 376Pc 1 553 All that certain land, partly in the City of Newport Beach, all in the County of Orange,. State of Californi.�r4being: Lots 1 and Z of Section 23, Lot 1 of Section 25, Lots 1. and 2 of Section 26 all in Township 6 South, Range 10 West,. San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3., page 7 of Miscellaneous Maps, records of said County; Tideland patent No. 204, from the State of California recorded July 19, 1907 . in Book 1, page 245 of Patents, records of said County; Portions of Blocks 4, S, 51, 52, 53, 55, 56 and 57 of lrvine's Subdivision, as per map filed in Book 1, .page 88, Miscel- • laneous Record Maps, records of said County, included within the following . describe(] boundary and any other land owned by grantor included within sai,l boundary: Beginning at the Northeast corner of Lot '12, Tract. No. 4224, as shown on a map filed in Rook 157, pages 1 through 14, Miscellaneous Maps, records of said Orange County; thence along the boundary of tiaid Tract the following described courses: 1. South 36° 37' 10" East 118.99 feet; Z. South Z1° 2.2' 02" East Z66.44 feet; 13° 05' 01" East 103.13 feet; 3. South 4. South 4° 18' 23" East 214.74 feet; S. South 40 38' 29" East 190.28 feet; 6. South 20° 22' 24" last 193.47 feet.; 7. South 30 05' 03" West 8.8.53 feet; 8. South Z3° 28' 09" Wcst 87.23 feet; 9. South 33° b2' 06 "'West 272.21 feet; 10. South 2G° II 31" West 242.29 feet; 11. South 24° 24` 07" West 160.08 feet; 12.. South 22° 36' 56" West 160.31 feet; -1- 17XITIBIT A -2- B� 1 1.376 Pal 554 13.. South 29' 28' 14" West 307.12 feet; 14. South 10" 19' 39" West 116.91 feet; 15. South 0' 11' 19" last 81.39 feet; 16. South 11' 31' 25" Last "10.01 feet; 17. South 21° 04' 53" Gast 162.61 feet; 18. South 12' 00'. 06" Gast 80.02 feet to the Southeast corner Lot 45, said Tract No. 4224; thence .leaving said boundary;. 19. North 770 33' 39" Last 84.52 feet; thence 20. South 46' 35' 28" last 50.93 feet; thence 21. South 77° 44' 07" East 23.54 feet; thence 22. North 84° 48' 20" Last 55.23 feet; thence • 23. South 47' 24' 48" E. 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 200 08' 29" Bast 208.14 feet along said line to said Northwesterly corner; thence along the boundary of said Tract No.. 4224 the following described courses: 25. North 6.9° 51' 31" last 130.00 feet; 26. South 18° 07' 35" East 156.92 feet; 27. South 7° 33' 23" West 122.82 feet; • 28. South 38° 25' 04" West 137.05 feet; 29. South 560 24' 35" West 99.89 feet; '- 30. South 54.° 05' 35" West 1.27.86 feet;. 31. South 44° 44` 03" West 117.0.0 feet; 32. South 39° 43' 05" West 216.76 feet; 33. South 340 1.8' 41" West 162.79 feet; 34. South 110 26' 49" East 90.42 feet; 35. South 52° 53' 55" East 218.43 feet; 36. South 28° 06' 02" East 252.56 fact; 37. South 20' 31' 44" Last 59.20 feet; -2- -3- 38. South 240 30' 0Z" East 299 r'.i f(:; t; a� � I 376PCI51ya 39. South 330 05' 39" last 2CJ.70 feet;. 40. South 180 18' 25" West _13.42 feet; 41. South 9° 51' 31" West 235.00 feet; 42. South. 69° 2.1' 51" West 209.71 feet to the Southwesterly corner of Lot 80, said Tract No. 4224; thence leaving said boundary; 43. South 17 °'O8' 25" West 106.94 feet; thence 44. South 500 25' 57" West 252.09 feet; thence 45. South 41° 32' 54" West 446.29 feet; thence 46. South 310 18' 49" West 140.46 feet; thence 47. South 90 30' 24" West 211.91 feet; thence 4.8.. South 00 40' 50" West 393.71 feet to Station No. 110 of •the Ordinary High Tide Line as described in the final decree entered in Case NO. 20436 Superior Court of said Orange County, said Station being an angle point in the boundary of said Tract NO. 4224; thence 49. South 1° 53' 04" East 122.43 feet along -said Ordinary Nigh Tide Line and boundary to Station No. 111 of said Ordinary High Tide Line; thence leaving said Line and boundary 50. East 100.00 feet; thence 51. South 7° 43' 45" West. 798.21 feet; thence 52. South 424.00 feet; thence • 53. East 563.00 feet; thence 54. North 260 19' 40" .East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640, Page 298, said Official Records, . said point being South 8.20 17' 23" West 100..00 feet along said line from Station NO. 25 of said Ordinary High Tide Line; thence 55. North 820 17' 23" Cast 100..00 feet along said line to said Station; thence -3- it I l 376PC 1 556 56. South 24° 13' 27" Cast 39.30 feet along said Ordinary Iligh Tide Line to the Northwesterly terminus of that certain 80.00 foot strip of land describedI in a deed to the County of Orange for 'Ba.ck Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 6.6.° 17' S1" Cast 6.35 feet along said Northwesterly terminus to a point on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 10.37, page 269, said Official • Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 660 17' 51" West; thence along said right of way line the following described courses: 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40"; 59. North 14° 48' 31" bast 93.81 feet; 60. Northeasterly 157.19 feet along a 320.00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40 "; • 61. North 420 57' 11" Last 123..69 Feet; 62. Northeasterly 64.82 feet along a 220..00 foot radius curve that is concave Southeasterly through an angle of 16° 52' 50 "; 63. North 59 So' O1" Bast 82.93 feet.; 64.. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 37° 45' 20 "; 65. North 220 04' 41" East 8.49 feet;. 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave Southeasterly through an angle 57° 55' 4.8 "; -4- sx 11376rc 1!5!57 5- 67. North 80' 00' 29" Last 97.75 foot; 68. Easterly 174..88 . feet along a 19.80.00 foot radius curve that is concave Northerly through an angle of 5' 03' 38 "; 69. North 740 56' 51" East 116.34 feet; 70. Northeasterly, 119.54 feet along a 330.00 foot radius .curve that is concave Northwesterly through an angle of 20' 45' 20 "; 71. North 54' 11' 31" East 28.69 feet; 72. Northeasterly 92..50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 23' 02' 30 ".; 1 . 73. North 31' 99' 01" Fast 37.97 feet; 74. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of 11' 31' 10 "; 75. North 42° 40' 11" East 19..36 feet; 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that As concave Northwesterly through an angle of 13' 15' 20 "; 77. North 2.9' 24' 51" East 110.51 feet; 78. Northeasterly 180.55 feet along a 230.00 foot radius • curve that is concave Southeasterly through an angle of 44' 58' 40 "; 79. North 74° 2.3' 31" East 71.57 feet; 80. Northeasterly 131..85 :feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 41' 58' 10 ".; ,. 81. North 32' 25' 21" East 98.40 feet; 82. Northeasterly 139..72 feet along a 580.00 foot radius curve that is concave Northwesterly through an .angle of 13'48' 10 "; 5- 111 1176P 1550 83. North 18' 37' 11" East 191.57 feet; -6- 84. Northerly 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 16' 05' 20 "; 8S. North 2' 31' S1" Bast 112.97 feet; 86. Northerly 171.90 feet along a 480.00 foot radius curve that is concave Westerly through an angle of 20' 31' 10 "; 87. North 17' S9' 19" West. 105.85 feet; 88. Northwesterly 219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21' 40' 40 "; 89. North 39' 39' 59" West 3.0.54 feet; • 90. Northwesterly 209.18 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 20' 39' 50 "; 91. North 60" 19' 49" West 256.75 feet; 92. Northwesterly 166.34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 45' 23' 00 "; 93. North 14' 56' 49" West 2.29 feet; 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of • 84' 53' 40 "; 95. North 69' 56' 51" Gast 84.37 feet; 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 56' 22' 00 "; 97. North 13' 34' 51" East 926.31 feet; 98. Northorly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 55' 23' 00 "; 99. North 41' 48' 09" West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 25' 52' 00 "; -6- u 11376Pc 1 559 -7- 101. North 1S" S6' 09" Wust 54.89 feet; 102. Northwesterly 165.17 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 16° 19' 00 "; 1.03. North 32° 15" 09" West 39.22 feet; 104. Nurthwesterly 93.71 feet along a 480.00 foot radius curve that is concave Southwesterly through an angle of 11.° 11' 10 "; 105. North 430 26' 19" West 193.40 feet; 106. Northerly 362.21 feet along a 370.00 foot radius curve • that is concave Easterly through an angle of 56° 05' 20 "; 107. North 1.20 39' 01" East 252..19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve. that is concave Westerly through an angle of 9° 25' 40 "; 109. North V 13' 21" East 1.4.17 feet;. 110. Northerly 293.38 feet along a 1820.00 foot radius curve that is concave Easterly through an angle of 9° 14' 10 "; 111. North 120 27' 31" East 27.16 feet; 112. Northerly 236.73 feet along. a 1180.00 foot radius curve that is concave Westerly through an angle of 11° 2.9' 40 "; 113. North 0° 57' 51" East 82.33 feet; • 114. Northerly 194.78 feet along a 620.00 foot radius curve that is concave Easterly through an angle of 18° 00' 00 "; 115. North 1.80 57' 51" East 20.34 feet; 116. Northeasterly 170.04 feet along a 150.00 foot radius curve that is concave Southeasterly through an angle of 64° 57' 00 "; 117. North 83° S4' 51" East 78.48 feet; 118. Northeasterly 127.39 feet along a 180.0.0 foot radius curve that is concave Northwesterly through an angle of 40° 33' 00 "; -7- aK 1 1375n 1560 119. North 43' 21' SP Last 57.99 lcct; 120. Nortlicastcrly 184.74 feet along a 152.0.00 Coot radius . curve that is concave Southeasterly through an angle of 60 57' 50 "; 121. Nurth 50" 19'. 41" I:a ct 31.511 scot; 1.21. Northeasterly 218.92 feet along a 1480.00 foot radius curve that is concave Northwesterly through an angle of 8° 28' 30 "; 123. North 41' S1' 11" East 44.65 feet.; 124. Northeasterly 194.36 feet along a 1220.00 foot radius • curve that is concave Southeasterly through an angle. of 9' 07' 40 "; 125. North 500 '58' 51" Mast 66.39 feet; 126. Northeasterly 300.05 feet along a 1780.00 fool radius curve that is concave Northwesterly through an angle of 90 39' 3D "; 127. North 41° 19' 21" 1'.a.:;t 33.58 feet; 1.28. Northeasterly 154.36 foot along a 389.00 foot radius curve that is concave Northwesterly through an angle of 23° 16' 30 "; 129. North 180 02' Si" Eas 42.03 feet; • 130. Northerly 216.88 feet along a 580.00 foot radius curve that is concave Westerly through an angle of 21° 25' 30 "; 131. North 30 22' 39" West 301.88 feet; 132. Northerly 2.SS.24 feet along a 370.00 foot radius curve that is concave hasu rly through an angle of 39' 31' 30 "; 133. North 36° 08' 51" I!nst 21.09 feet; 134. Northeasterly 403.3,1 feet along a 520.00 foot radius curve than is conc.wc .southeasterly through nn angle of 44' 26' 40 "; 135. North 800 3.5' 31" Last '528.42 feet; .g_. BX 11376 ?e 1561 M 136. luster I 289. 58 feel along a 320.00 font radius curve that,is concave Southerly through an angle of S1° 51' 00 "; 137. South 47° 33'' 29" Fast 3.72 feet: 138. Southeasterly 115.09 feet along a 35TS.00 foot radius curve that is concave. Northeasterly through an angle of 180 34' 30 "; 139. South 66° 07' 59" East 375.25 feet; 140. Easterly 2.09.08 feet along a 780.00 foot radius curve that is concave Northerly through an angle of 1.5° 21' 30 "; 141. South 810 29' 2.9" ISast 24.1.76 feet; • 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of 12° 11' 00 "; 143. North 860 19' 31" East 57.06 feet; 144. Easterly 95.37 feet along a 260.00 foot radius curve that is concave Southerly through an angle of 21° 01' 00 "; 145. South 720 39' 29" Last 70 :i3 feet; 146. Easterly 108.18 feet alonj a 1380.00 foot radius curve that is concave Northerly; through an angle of 40 29' 30 "; 147. South 77° 08' 59" fast 11.02 feet; 148. Easterly 96.09 feet alot+; a 220.00 foot radius curve • that is concave Norther/ through an angle of 25° 01" 32" to the Westerly texiinus of that certain 69.00 foot strip of land describeclin. Parcel 2 in a deed to the City of Newport Beach �' corded in Book 10,000, page 891, said Official Records; :hence 149. North 16° 56' 34" Wes (119.71 feet along said Westerly terminus to the Nort�rly line of said strip said Northerly line beiu��+a curve conc:ive Southerly and having a radius 4801 i 0 feet; thence from a tangent that bears North 73° 0.3'16" Last M 811 1376rc 1562 150. Easterly S53.25 feet along said curve through an ❑nglr of 66° 02' 20" to the beginning of a reverse un ve concave Northerly and having a radius of 25.00 feet he..ing the Northerly line of Parcel 3 as described in said deed; thence 151. Easterly 31.15 feet along said curve through an angle of 71" 23' 49" to the beginning of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along said Northwesterly line the following described courses: • 152. Northeasterly 96.16 feet along said curve through nn angle of 60 32' 37 "; 153. North 740 14' 34" Fast 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that is 36' 09' 52 "; 155. North 380 04' 156. Northeasterly curve that'is 370 15' 23" t Northwesterly concave Northwesterly through an angle of 42" Last 156.00 feet; 547.51 feet along a 842.00 foot radius concave Southeasterly through an angle of the beginning of a reverse curve concave and having a radius of 65.00 feet, the • Northerly terminus of said curve being tangent to a line that /�Irallel with and 82.00 feet Westerly of the center line of Jamboree Road, 100.00 feet wide, as described in a. deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through and angle of 67° 01' 22" to said parallel line; thence 10- 9X 11376Pe 1 563 11- 158. North 8° 19' 43" East 414.47 feet along said parallel line to the Southerly terminus of the Westerly right of way line of Jamboree Road, 132.00 feet wide, as dcscribcd in a deed to the City of Newport Reach recorded in Book 6135, page 155, said Official Records; thence along said right of way line being a curve concave. Westerly eet and having a radius of 2334.0Qyanu- being tangent to said parallel lino 159. Northerly 295.99 feet along said.. curve through an angle of 7° 15' 58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; • thence non - tangent 160. South 680 20' 16" West 563.43 feet; thence 161. North. 310 39' 56" West 338.79 feet:; thence 162. North 68.0 2.0' 16" East 608.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence 163. Easterly 124.57 feet along said curve through an angle of 1° 52' 33" to said Westerly right of way line; thence 164. North 60 18' 34" West 416.16 feet along said line to the beginning . of a curve therein concave Easterly and • having a radius of 1666.00 feet; thence 165. Northerly 352.71 feet along said curve and Tight of way line through an angle of 12° 07' "49" to the Southerly line of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, said Official Records; thence 166.. North 84° t0' 45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence. 167. Westerly 618.97 feet along said curve and Southerly line through an angle of 17° 43' S6"; thence leaving said lint. non- tangent 11- U I f MK 1 564 168. South 570 44' 19" West 77.81 feet; thence 169. South 640 51' 54" West 161. 27 feet; thence 170. South 640 25' 17" West 181.82 feet; thence 171. South. 660 S9' 55" West 381.32 feet; thence 172. South 7S0 12' 12" West 102.44 feet; thence 173. South 120 38' 00" West 29.56 feet; thence 174. South 390 14' 15" West 116.20 feet; thence. 175. South 220 35' 41" West 87.19 feet; thence 176. South 100 18' 17" West 106.21 feet; thence 177. South 620 06' 10" Wrst 28.85 feet, thence 178. South 90 57' 02" West 115,74 feet; thence • 179... South 350 35' S7" West 54.11 feet; thence 180. South 660 26' S2" West 63,82 feet; thence 181.. South 840 33' 00" West 142.14 feet; thence 182. North 700 40' 37" (Vest 81,60 feet; thence 183. North 880 55' 32" West 133.02 feet; thence 184. North 740 30' 41" West 258.38 feet; thence 18S. North 830 40' 51" West 149.91 feet; thence 186. North 390 13' 32" West 31.63 feet; thence 187. North 660 23' 34" West 147.33 feet; thence 188. North 570 47' 03" West 633.42 feet; thence r.. 1.89. North 650 24' S7" West 219.S0 feet; thence • 190. North 550 57' 02" West 176.81 feet; thence 191. North 740 28' 33" West 140.11 feet; thence 192. North 640 33' 00" West 91.92 feet; thence 193. North 760 S7' S0" West 465.50 feet; thence 194. North 830 23' 12" West 104.19 feet; thence 195. South 470 54' 39" West 20.89 feet; thence 196. South 890 45' 48" Went 121.00 feet; thence 197. North 780 34 ZZ" West 143.85 feet; thence 198. North 820 27' 21" West 262.77 feet; thence 12- 1376 ?c 1565 13- 199. North 69° 45' 06" West 259.40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Rook 5906, page 516, said Official Records, said curve Uei.ng concave Northerly, a radial to said point bears South 22° 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle. of V 40' 50" to the Westerly terminus of said curve; thence 201. South 73° 50' 27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202.. North 16° 09' 33" West 100.00 feet along said boundary • and the Northerly prolongation thereof; thence 203. South 76' 25' 54" West 280.21 feet; thence 204. South 75° 59' 33" (Vest 241.69 feet; thence 205. South 85° 26' 24" West 81.76 feet; thence 206. South 58° 22' 28" Ives 207.87 feet; thence 207. South 53° 22' 27" (Vest 422.40 feet; thence 208. South 36° 43' 20" (Vest 194.00 feet; thence 209. South 22° 58' 42" (Vest 307.39 feet; thence 210. South 14° 54' 3.9" (Vest 270.09 feet; thence 211. South V 51' 09" West 234.68 feet; thence • 2.12. South 3° 34' 35" West 89.17 feet; thence 213. South V 26' 13" East 98.12 feet; thence 214. South 36° 07' 10" East 22.90 feet; thence 215. South 1° 08' 12" East.. 126.02 feet; thence 216. South 7° 42' S6" West 156.42 feet; thence 217. South 23° 11' SS" West 194.20 feet; thence 218. South 24° 54' S6" West 85.45 feet; thence 219. South 2S° 44' OS" West 231.46 feet; thence 13- Bi 11 376 rc 3 566 220. South 33° 17' 43" Went 440.17 feet to a point that is North 540 13' 20" West 79.13 feet from Station No.. 7.6 of said Ordinary High Tide Line as described in saigl final decree above referred to; thence 221. South 540 13' 20" bast 79.13 feet to said Station No. 76; thence 222. South 0" 24' 52" West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof; thence 223. South 3.1° 37' 12" Gast 430.16 feet along said Ordinary High Tide Line; thence 224. South 45° 00' 00" West 181.91 feet to the Northeasterly • line of Lot 11 of said 'tract No. 422.4; thence 2.25. South 64° 55' 53" Gast 90.37 feet along said North - easterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. EXCEPTING AND RESERVING unto grantor, its successors and assigns., from said Lots 1 and 2 of Section 23, Lot' 1 of Section 25, Lotg 1 and 2 of Section 26 all in Township 6 South, Range 10 West, San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, Official Records of said County; Tideland Patent No. 204, from the State of California recorded July 19, 1907 in Book 1, page 245 of Patents, Official Records of said County; and Portions of Blocks 4, 5, 51, 52, 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page 88, Miscellaneous Records Maps, Official Records of said County included within the preceding peri -Teter description, all oil, asphaltum, petroleum, natural pas and other hydrocarbons, and other valuable mineral substances and products, and all other minerals whether or not of the same character herciubefore generally described, in or under said parcels of land, but without right of entry on the _14_ i It 1 1376re 1567 surface of the ground or within a vertical depth of five hundred (500) feet below the present natural surface of the ground. In the exercise of this reservation and exception, the grantor may pool said parcels with other lands. The excepted and reserved rights of the grantor shall include all subterranean rights below a vertical depth of five hundred (500) feet from the present natural surface of the ground, necessary, incidental, or convenient to the full exercise of the rights reserved by grantor and shall also include the right to drill and maintain well bores through the said parcels to or through other lands for the purpose of removing oil, gas, and other hydrocarbon substances from other lands not subject to tho aforementioned reservations • and exceptions or for purposes of subsidence control or prevention of salt water intrusion. The excepted and reserved rights of grantor with respect to said tideland patent and portions of blocks shall include the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the lands within said tideland patent and portions of blocks, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under • and beneath or beyond the exterior limits thereof, and to redrill, retunnel,. equip, raintain, repair, deepen and operate any such wells or mines. This exception and reservation shall have no effect upon or in any way affect lands located within the aforedescribed perimeter description which are not owned by grantor. -15- RECORD111r I :EQl1BSTED RY AND W111:N RECORDED MAIL TO: STATE OF CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General. 800 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Puxsuant to Government Code Section 6103) Space above this line for Recorder s use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a corporation organized under • the laws of the State of West Virginia, does hereby GRANT TO THE STATE. OF CALIFORNIA, the real property in the City of Newport Beach, County of Orange, :State Of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed; SUBJECT TO: ' (1) Covenants, conditions, restrictions, reservations and easements and rights of way of record; and (2) With respect to Parcel 2 of the above described real property, the condition that the Grantee, its successors and assigns, • shall at all times use or cause said parcels to be used for a public highway without limitation On abutters' rights of access appurtenant to Grantor's, its successors or assigns, adjagent real property over and across the easterly, southeasterly and southerly lines of said Parcel 2. In the event that the above condition is not .satisfied or there is a breach of such condition, Grantor, its successors and assigns, may either (i) re -enter and take possession of said Parcel 2 and oust all persons therefrom, it being intended that the failure of any such condition to be satisfied or the breach of any such .Mail Tax Statements TO: (Grantee Tax Exempt) EXHIBIT 2 4/7/75 I 8 1 1 1376tc 1569 condition shall operate as a condition subsequent as to said Parcel 2 and that, each and all of Grantee, its successors or assigns and any person acquiring interest in said Parcel 2 shall be bound by and subject to such condition subsequent, or (ii) seek any other remedy available at law or in equity including, without limitation, the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed at the option of Grantor, and the failure of any of such remedies to be employed upon any one or more of any occurrence giving rise to such remedies shall not be a waiver of the right to • employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. With respect to Parcels 1, 3, 4, 5 and 6, Grantor grants, conveys, releases and relinquishes to Grantee any and all abutter's rights of access, appurtenant to Grantor's remaining property, over and across the easterly, southeasterly and southerly lines of said Parcels 1, 3, 4, 5 and 6. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by Its President and Secretary thereunto duly authorized. • DATED: 1975. 2 THE IRVINE COMPANY By President By Secretary R 11376?c 1570 STATE OF CALIFORNIA ). ) ss. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. • Notary Public in and for said County and State. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to • authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. 3 STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By ex 11376rc 1571 All those portions of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in Book 1037, page 269, Official Records of said County, together with those portions of Tract No. 5435, as per map filed in Book 200, pages 17 through 21, and Tract No. 5878, as per map filed in (look 229, pages 3.5 through 40, both Miscellaneous Maps, records of said County, and that portion as described in a deed to the City • of Newport Beach, recorded in Book 10,000, page 891, said Official Records, described as follows: Parcel 1: That portion of said Back Bay Drive bounded on the south by the Southerly terminus of that certain curve described in said deed as being concave Easterly, having a radius of 200.00 feet, a central angle of 38° 30' 40" and a length of 134.43 feet, and on the North by the Westerly prolongation of a line that is concentric with and 50.00 feet Southerly of that certain 50.00 feet strip of land described in a deed to the City of Newport Beach recorded in Book 10531, page 476, said Official Records. Parcel 2 . That portion of said Back Bay Drive bounded on the South by the Westerly prolongation of a line that is concentric with and 50.00 feet Southerly of that certain 50.00 foot strip of land described in a deed to the City of Newport Beach recorded in Book 10531, page 476, said Official Records, and on the North by the Southeasterly terminus of that certain course des- cribed in said deed as "N.42° 42' 10" W., along said tangent line, 241.47 feet ". Parcel 3 That portion of the Westerly, Northiuesteriy and Northerly 20.00 feet of said Rack hay Drive bounded on the South by the Southeasterly terminus of that certain course described in said deed as "N. 42° 42' 10" W., along said tangent line, 241.47 feet ", and on the Northeast by the Easterly terminus of that certain course described in said deed as "N. 83° 00' SO" E., along said tangent line, 78.48 feet ". EXHIBIT A Parcel 4: n 1 1376 ?c 1572 Those 30.00 foot strips of land designated as Back Bay Drive on the maps of said Tract Nos. 5435 and 5878. Parcel 5: That portion of said Back Bay Drive bounded on the South - west by the Easterly y terminus of that certain course des- cribed in said deed. as "N. 83° 00' 50" E.., along said tangent line, 78.48 feet; and on the East by the Westerly line of Parcel 2 as described in a deed to the City of Newport Beach recorded in Book. 10,000,. page 91, said Official Records; EXCEPTING that Portion lying within Tract No. 5878, as per map filed in Book 229,. pages 35 through 40, Miscellaneous Maps, records of said County. Parcel 6: Parcels 1, 3 and 4 a described in a deed to the City of Newport Beach recorded in Book 10,000, page 891, said • Official Records. Together with all land underlying Back. Bay Drive as it physically exists at the date of this deed to the extent that such land lies upland from Parcels 1 through 6 inclusive. EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, from all of said land, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereipabove described, together with the perpetual right of drilling., mining, ex- ploring . and operating therefor and storing in and removing the same from said land or any other land, including the Tight to whipstock or directionally drill and mine from lands.other than those hereinnbove .. described, oil or gas wells, tunnels and shafts into, through or across the subsurface whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to rcdrill, retunnel, equip, maintain, repair deepen and operate any such wells or mines,. without, .however, • the right to drill, mine, store, explore and operate through t the surface or the upper 500 fee of the subsurface of the land hereinabove described.. I t',fLN I,IYY 0r1A;D MAIL TO: '111ATE (W CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General 80.0 Tishman Building 3580 Wilshire Blvd. Los Angeles, Calif. 99010 (State of California Official Business) (Document Entitled to Five Recordation Pursuant to Government Code Section 6103) Space above this line for Recorder's use CORPORATION GRANT DEED 8111 376?r, 1573 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVI44r :COMPANY, a corporation organized under the • laws of the State of Wost Virginia, does hereby GRANT TO THE STATE OF CALIFORNIA, the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" which is attached hereto and by this reference is incorporated in and made a part of this Deed, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way of record; and (2) The condition that Grantee, its successors and assigns, shall at all times use the premises for public park purposes compatible with an ecological reserve and /or wildlife refuge and shall • not cease to use or attempt to use said premises or any part thereof for any purpose other than for public park purposes compatible with an ecologicall reserve and/or wildlife refuge.. In the event that the above condition is not satisfied or there is a breach of such condition, Grantor, its successors and assigns, may either (.i) re -enter and take possession of the premises and oust all persons therefrom, it being intended that the failure of any such condition to be satisfied or the breach of any such condition shall operate as a condition Mail Tax Statements To: (Grantee Tax Exempt) EXHIBIT 3 4/7/75 subsequent and that each and all of Grantee, its successors or 8K11 376re1 574 ass,ign:: ,ind any por.::on acgn.iri.ng .in Utrest in the prominer shall. be bound by and suhject. to such condition subsequent, or (ii) seek any other remedy available at law or in equity includinq, without limitation, the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed at the option of Grantor, and the failure of any of such remedies to be employed upon any one or more of any occurrence giving .rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. In the event a right -of -way in :acquired by the public for road purposes from the present extension of Del. Mar Avenue from east of Irvine Avenue to Jamboree Boulevard and said right -of -way is not contiguous with the boundaries parcels conveyed hereunder, Grantor . agrees to expand the boundaries of the parcels conveyed hereunder to provide that the present boundaries approximately paralleling such roadway will be adjusted so as to be contiguous to said right -of- way. The above covenant is intended to be a covenant running with the land for the benefit of the land conveyed hereby as the dominant tenement and a burden on the land described in Exhibit "B" which is attached hereto and by this reference is incorporated in • and made a part . of. this Deed as the servient tenement. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: THE IRVINE COMPANY By President By Secretary 2 , • STATE Ol' CALIFORNIA ) ) ss, COUNTY OF ORANGE , ) BK I 1376?c 1575 On , 1975, before me, the undersigned, a Notary Puhlic ill ,unl for nail State, personally iipprared known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named., and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH ANDGAMF.,. a governmental agency, is hereby accepted effective , 1975 by the underrAsIned officer or agent on behalf of the DEPARTMENT Of' FISH AND GAME.. pursuant to • lauthority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 1975, STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By 3 BX 11376?c 1576 All these certain parcels of land partly in the City of Newport Beach, all in the Cuunty of Orange, State of California, being portions of Block 51, Irvine's Subdivision, as per map file in Book 1, page 88, Miscellaneous Record Maps, records of said County, do::cri lied as follows: Parcel 1: Commencing at a point in the Southerly boundary of the land described in a deed to the Newport Harbor Union Nigh School District recorded in Book 7578, page 670, Official. Records of said County, said point heing on n curve concave Southerly and having a radius of • 2000.00 feet, a radial to said point bears North 110 54' 41" West, said point being Westerly 618.97 feet along said curve from the Easterly terminus thereof: thence leaving said boundary non - tangent I. South 2. South 3. South 4. South 5. South 6. South . BEGINI 7. South 8. South 9. South 10. South 11.-South 12. South 13. South 14. South 57° 64° 64° 66° 7S° 12° 44' 51' 25' 59' 12' 38' DING: th 12° 38' 39° 14' 22° 35' 10° 18' 62° 06' 9" 57' 35° 35' 66° 26' 19" West 77 54" West 161 17" West 181 55" West 381 12" West 102 00" West 17. once coot 00" West 15" West 41" West 17" (Vest 10" West 07" We s 57" (Vest 52" (Vest .81 .27 .82 32 44 73 feet; feet; feet; feet; feet; feet t thence thence thence thence thence o the TRUE POINT 01 inuing 11.83 feet; thence 116.20 feet; thence 87.19 feet; thence 106.21 feet; thence 28.85 feet; thence 115.74 feet; thence 54.11 feet; thence 63..82 feet; thence EXHIBIT A 15. South 840 33' 00" Best 141.14 feet; thence BK I I $76PC 15577 16. North 700 40' 37" West 81.60 feet; thence 17. North 88' S5' 23 " West 133.02 feet; thence. 18. North 7'4° 30' 41" West 258.38 feet; thence 19. North 83' 40' 51" Kest 149.91 feet; thence 20. North 390 13' 32" West 31.63 feet; thence 21. North 66' 23' 34" West 147.33 feet; thence 22. North 570 47' 03" West 633.42 feet; thence 23. South 660 51' 26" Bast 326.36 feet to the beginning of a curve .concave Northerly and having a radius of 1.562.00 feet; thence 24. Easterly 1459.81 feet along said curve through an angle of 530 32' 51" to the TRUE POINT OF BEGINNING. • FXCI:PTINC AND RESERVING unto the Crantor, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such dhipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or-the upper 500 feet of the subsurface of the land herehinbove described. ' 1 1376 PC 15°78 Commencing at the Northwesterly terminus of Course No. 22 described EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil, oil rights, minerals., mineral rights, natural in Parcel 1 above; thence 1. North 65" 24' S7" Wext 219.50 icet; thence 2. North SS* S7' 02" West 176.81 feet;. thence 3.. North 74° 28' 33" West 140.11 feet; thence 4. North 64° 33' 00" West 91.92 feet.; thence S. North 760 S7' 50" West 1.37.34 feet to the TRUE POINT OF BEGINNING: thence continuing 6.. North 76° 57' SO" West 328.16 feet; thence 7. North 83° 23' 12" West 104.19 feet; thence 8. South 470 54' 39" West 20.89 feet; thence • 9. South 890 4S' 48" West 121.00 feet; thence 10. North 780 34' 2.2" West 143.85 feet; thence: 11. North 820 27' 21" West 262..77 feet; thence 12. North 690 4S' 06" West 259..40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northwesterly, a radial to said Point bears South 22° S0' 23" East; thence 13.. Northeasterly 351.07 feet along said curve to a point • on an non - tangent curve concave Northeasterly and having a radius of 2062.00 feet,.a radial to said point bears South 27° 03' 48" West; thence 14. Southeasterly 141.10 feet along said curve through an angle of 3° SS' 14 "; thence 1S. South 66° S1' 26" East 833.SS feet to the TRUE POINT OF BI[GI.NNING. EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil, oil rights, minerals., mineral rights, natural aX 11376Pc 1579 gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hcrcinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the samr from said land or any uther .land, including the right to whipstock or dircctiuually drill and mine from .lands other than those hcrcinabove described, oil or gas wells, tunnels and shafts Into, through or across the subsurface of the land hcreinabove described, and to bottom such wbipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without., however, the right to drill, mine., store, explore and operate through the • surface or the upper 500 feet of the subsurface of the land hereinabove described. aK 11376?c 1580 SERVIENT 7'1:Ni:Mf•:NT That pOlftion of Block 51, Irv.inc's Subdivision, partly in the City of Newport Reach, all in the County of Orange,. State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: Beginning at a point in the southerly boundary of the land described in a deed to the Ncwpoit ❑arbor union High School District recorded in Book 7578, page 670, Official Records of said County, said point being on a curve concave, Southerly and having a radius of 2000.00 feet, • a radial to said point bears North 11" 54' 41" West, said .point being Westerly 618.97 feet along said curve from the Easterly terminus thereof; thence leaving said boundary non- tangent 1. South 570 44' 19." West 77.81 feet; thence 2. South 640 51' 54" west 161.27 feet; thence 3. South 6.4.9 25' 17" West 181.82 . feet; thence 4. South 660 59' 55" West 381.32 feet; thence 5. South 75° 12' 12" West 102.44 feet; thence 6. South 12" 38' 00" west 17.73 feet to a point on • a non- tangent curve concave Northerly and having a radius of 1562.00 feet, a radial to said point bears South 300 24' 17" I -lost: thence 7. Westerly 1459.81 feet along said curve through an angle of 539 32' 51 "; thence 8. North 660 51' 26" West 326.36 feet, thence 9. North 650 24' 57" West 219.59 feet; thence 10. North '1S° 57' 02" Wert 176.81. tvet; thence 11. North 740 28' 33" West 140.11 feet; thence EXHIBIT B O / feat; thence BK I 1 376 Pc1 581 12. North 64" 33' 00" West 91.92 13. North 760 57' 50" West 1.37.34 feet; thence 14, Nor Hi G(° 51' 26" West. 833.55 feet to the 'beginning of a curve concnvc Nurthenster.1y and having a radius of 2062.00 feet; thence 15. Northwesterly 141.10 feet along said curve through an angle of 3" 55' 14" to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northwesterly, . a radial to snid point bears South 320 3G' 15" East; thence • 16. Northeasterly 2119.R0 feet along said curve through an angle of 80 03' 37" to the Northeasterly terminus thereof.; thence 17. North 490 20' 08" East 56.95 feet continuing along the boundary of said Parcel to the Northwesterly prolongation of the Southwesterly line of the land described in a deed to F. Roy Greenleaf., Jr., recorded in Book 2.207, page 1.96, said Official Records; thence along sdid prolongation, said Southwesterly line and the Southwesterly line of the land described in a deed to George M. Holstein III, recorded in Hook 21610 page 375, said Official Records, the following described courses: • 18. South 49° 14' 28" East 72.39 feet; 19. South easterly 364.96 feet along a 800.00 foot radius curve that is concave Northeasterly through an angle of 26° 08' 1.8 "; 20. South 750 22' 16" East 333.50 feet; 21. Southeasterly 40.1.43.fcct along a 1000.00 foot radius curve that is concave Southwesterly through an angle of 230 00' 00 "; ex 1 1376 ?c 1582 22.. Southeasterly .193.73 feet along a 600.00 foot radius reverse curve that is concave Northeasterly through an angle of 180 30' 00 '; 23. Southeasterly 307.15 feet along a 818.25 foot radius curve that is concave Southwesterly through an angle of 210 30' 00 "; 24. South 49° 22' 45" East 340.81 feet to a point on a non- tangent curve that is concave Northerly and having a. radius of 1550.00 feet, a radial to said point bears South 20° 11' 04" West; thence leaving said land of Holstein 25. Easterly 692.23 feet . along said curve through an angle of 2.59 35' 18" to the Easterly line of the land described in a deed to Alvin S. Cox, recorded in Book 2039, . page 225, said Official Records; thence 26. North 10 58' 08" East 248.19 feet along !aid* land to an angle point thereinr thence 27. North 400 37' 14" East 30.00 feet along said line to an angle point therein.; thence 28. North 49° 2:2' 46" West 55.00 feet to the Southerlv corner of Tract No. 1501, as per map filed in Book 50, page. 16, Miscellaneous Maps,. Records of said County; thence • 29. North 400 23' 05" East 1183.95 :feet along the Southeasterly line of said Tract No. 1501, and the Southeasterly line of Tract No. 1507, as per map filed in Book 51, page 15, said Miscellaneous Maps to the Westerly corner of the land described in a decd to the Costa Mesa Union School District, recorded in Book 3519, page 598, said official Records; thence along the boundary of said land , BKI 1 376 Pct 583 30, from a tangent that boar:: South 49" 23' 05" Rant Southeasterly 2 05.96 feet along a 350.00 foot radius curve that is concave Southwesterly through an angle 330 43' 00 "; thence 31.. South 150 40' 05" Fast 400.0.0 feet along said boundary to an angle point therein; thence 32. Northeasterly 33.01 feet along a 1770.00 foot radius curve in said boundary that is concave Southeasterly through an angle of 10 04' 07" to the Southwesterly boundary of sail land to the Newport Harbor union high School District described above; thence along said boundary • 33. South 150 40' 05" Last 1 ©2.16 feet to the beginning of a 2.20.0.0 foot radius curve therein that is concave Easterly; thence 3.4. Southerly 26.29 feet along said curve through an angle . of 60 50' 47 "; thence 35. South 220 30' 52" East 101.0.2 feet to angle point therein being the Southwesterly terminus of that certain 2000.00 foot radius curve in the Southeasterly boundary of said land, a radial to said point bears North 210 39' 18" West; thence 36. Northeasterly 340.12 feet along said curve through an angle of 90 44' 37" to the point of beginning. 1.: • • . D'UkDL!Jf; RLOUESTED DY AIJD 14111"11 RECORDED MAIL TO: STATE OF CALIFORNIA N. Gregory Taylor, Esq. Deputy Attorney General 800 Tishman Building 3500 Wilshire Blvd. Los Angeles, Calif. 90010 (State of California official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) .pace above this line for Recorder's Use GRANT OF EASEMENTS THE IRVINE COMPANY, a West Virginia corporation, hereby IX 11376 ?d 584 grants to THE STATE OF CALIFORNIA, non - exclusive, relocatable easements, for vehicular, pedestrian and bicycle ingress and egress purposes over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way of record; and (2) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantee, provided only that Grantor upon such relocation shall grant to Grantee like and similar easements giving Grantee reasonably comparable access to the real property described in that certain Grant Deed from The Irvine Company to the State. of California recorded in Book , page of official Records; RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpofe whatsoever as shall not interfere with or endanger the use tp Grantee of these easements, including but not limited to the ricj,t to construct, relocate, , I EXHIBIT 4. 4/7/78 ' .! H BK 11316Pe 1585 repair and maintain pipelines or other facilities for utilities on, in, over, under and along, said land. Grantee shall be obligated to maintain said easements. Neither Grantor nor Grantee . shall be obligated to .make any improvements on said easements, but either may do so at its own expense. If Grantee makes any such expenditures and Grantor subsequently exercises its right to relocate the easements, Grantor agrees to reimburne Grantee for such expenditures.. These easements shall terminate and be of no further force and effect upon the improvement of apublic roadway from • the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulevard currently referred to as "University Drive ", provided that said roadway provides reasonably similar access to the land described in the Deed referred to hereinabove. Grantee agrees to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, . proximately caused in whole or in part by any negligence of the Grantee, or its employees or agents, or by any act or omission for which Grantee, or its employees or agents, are liable without fault, in the exercise of the rights herein granted, save and except in those instances • where such loss or damage or injury or death is proximately caused in whole or in part by the neglivence of the Grantor, its successors or assigns, or their employees or agents, or by any act or omission for which Grantor, . its successors or asaigns, or their employees or agents, are liable without fault. DATED: , 1975. THE IRVINE COMPANY By President By Secretary R STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On , 1975, before me, the undersigned, a BK 11376Pc 1586 Notary Public in and for said State, personally appeared , .known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State • CERTIFICATE OF-ACCEPTANCE AND CONSENT TO RECORDING OF EASEMENTS TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Grant of Easements dated , 1975 .. from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6, 1974, • and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By J V 8111 376?c 1587 'I'huse ji"It. ions d LIuek 51, Irvine':: ;:ubd iv is iou, pail)). ill the City ul Newport Beach, all ill the COMILy ol. ))range, State of California, as per map filed in Rook 1, page. 88, Misccllancous Record Maps, records of said County, described as follows: PARC1 :1, 1: An casement for ingress and egress 30.00 feet wide, the North- westerly line of which is described as follows: Beginning at the most Northerly corner of the land described in a decd to F. Roy Greenleaf, Jr., recorded in Book 2207, page 196, Official Records of said County; thence along the Northwesterly boundary of said land the following described courses: 1. South 40° 37' 14" West 130.21 feet; 2. Southwesterly 146.52 feet along a 500.00 foot radius curve that is concave Northwesterly through an angle of 16° 47' 23 "; 3. South 57° 24' 37" West 418.18 feet; 4. Southwesterly 89.50 feet along a 500,00 foot radius curve that is concave Southeasterly through an angle.. of 100 15' 20 "; 5. South 47° 09' 17" West 244.34 feet; 'i 6. Southwesterly 19.61 feet along ;1 2080:00 foot radius curve that is concave Northwesterly through an angle of 0° 32' 25" to the most Westerly corner of said land and Point. "A" hereinafter referred to. L-RCGI'7'ING that portion lying within Mesa Drive as shown on a map of 'Tract No. 706, filed in Book 21, page 25, Miscellaneous Maps, records of said County. EXHIBIT A I "1'he Southeasterly Line of said casement shall terminate in the Southwesterly boundary of said land of Gfccnlcaf. BKI 1 376 Pe 1588 PARCUL 2: An casement for ingress and egress 3A.00 feet wide, the Northwesterly line of which is described as follows: Beginning at Point "A" described in Parcel 1 above;. thence Southwesterly 685.28 feat along a 2080..00 foot radius curve that is concave Northwesterly through an angle 18° 52' 3!6 ", said curve being the continuation of the curve described in Course No. b described in Parcel 1 above. • The Southeasterly line of said casement is to be prolonged or shortened so as to terminate Northeasterly in the Southwesterly boundary of said Land of Greenleaf and Southwesterly in a line that bears South 69° 45' 06" Cast from the Southwesterly terminus of the Northwesterly line of said casement. L_J 6 1 1376,c 15B9 (blcsa Urivcj - That portion of Itlock 151, lrv4p's Subdivi --'on, part:; in the City of Newport Reach, all in the = County i Sl. :' '.gc, . rte�.::, California, as per map filed in Book 1, page &R, Mi §ccl.lancous "Record Maps, records of said County, described as follows: An casement for ingress and egress 36..00 feet wide, the Southwesterly and Westerly 'line being described as follows: Commencing at the most ;:asterly corner of rhr. land dosc.rib•.:d in a decd to Alvin S. Cox recorded in goo:; ;i0 ;, page. • Official Records of said County; thence 1. North 490 2Z' 46" West 55.00 feet 6imn; line of said land; thence 2. South 400 37' 14" Nest 30_00 fe�t t..e th BEGINNING; thence 3. South 490 22' 46" East 55.00 feet to an the boundary of said land; thence 'South 622,05 feet along the Easterly ho;ir,daiy its Southerly prolongation. the Northwestcr:y mqt;E. CiCf7 NT nc angle point in llf 5a.H ;a.-.i. ,.. • The Southerly terminus of said casement sha t, tcri>inn`e i.. following described line: Beginning at the Southerly terminus of the Westerly liTke of said casement; thence South 88° 55' 23" ? ?ast .t 1.52 Er :;t; thence South 700 40' 37" East. i:� �•..0 i� I'. •. BY AND WHEN IU!,•UkRED MAIL TO: STATE el CALIFORNIA N. rtre,inry Taylor, Esq. Dcplut.y At Lnrney General 1100 Tie,hntan Buildinq 3SPO ililr;hi:ro Blvd. Los Angelus, Calif. 90010 (State of California Official Business) (Document Entitled to Free Recordation Pursuant to Government Code Section 6103) Space above this line or Rccor.. ers Use GRANT OF EASEMENT 6111376 PC 1'590 THE IRVINE COMPANY, a West Virginia corporation, hereby grants to THE STATE OF CALIFORNIA, a non- exclunive, relocatable • easement, for vehicular, pedestrian and bicycle ingress and egress purposes over real property situated in the City of Newport Beach., County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1). Covenants, conditions, restrictions, reservations and easements and rights of record; and (2)' Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days noLicc in writing. to Grantee, provided only that Grantor upon such relocation shall grant to Grantee a .like and similar easement giving Grantee reasonably • comparable access to the real property described in that certain Grant Deed from The Irvine Company to the State of California recorded in Book page of Official Records; RESERVING UNTO GRANTOR, its successors and assigns, the right to use said laid for any purpose whatsoever a5 shall not interfere with or endanger the use by .Grantee of this casement, i.ncludin(T but not limited to the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, EXHIBIT 5 4/7/75 BK 11375 ?c 1591 In, over, tinder and along said land. II rantee shall be obi l rated to mnI nt a In in I eaaements. Neither Grantor nor Grantee shall be obllrated to make anv Improvements on said easement, but either may do so at its own expense. If Grantee makes any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantee for such expenditures. Upon the improvement of a Public roadway from the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulevard, currently referred to as "University Drive ", the ease- ment described in Parcel No. 1 of Exhibit "A" shall terminate and be of no further force and effect as to the portion northerly of "University Drive ", provided that said roadway provides reasonably similar access to the land described In the Deed referred . to here- inabove. Grantee agrees to indemnify Grantor against, and to hold Grantor harmless, from any loss or damage to any property, or Injury or death of any person whomsoever, proximately caused in whole or in part by any nerllgence of the Grantee, or its employees or agents, or by any act or omission for which Grantee, or its employees or agents, are liable without fault, in the exercise of the rights • herein granted, save and extent in those Instances where such loss or damage or Injury or death Ss proximately caused in whole or In part by the negllrence of the Grantor, its successors or assigns, or their emnloyees or agents, or by any act or omission for which Grantor, Its successors or assigns, or their employees or agents, are liable without fault. DATED: . 1975. THE IRVINE COMPANY By President By Secretary z. x �Tn•rc or CALIFORNIA ) aK I y 376rc 1592 ) ss. COUNTY OF' ORANGE ) On , 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State • CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF EASEMENT TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Grant of Easement dated , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmental agency, is hereby accepted effective , 1975 by the undersigned officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISH AND GAME COMMISSION • of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. 3 STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME By PAL'1_f1.. NO. _I (01,!, 1I'l I) I;,,,) BK 11 376rc 1 593 'Ihat portion of Rlork 51, Irvine's 'lubdivision, in the County of Orang (,, State of California, as per map filed in Rook 1, page 88, Niscrlla n�•ous Record Maps, records of said County, described as follow.! ;: An casement for ingress and egress' 30.00 feet wide, the North- easterly and I.asterfy line of which is described as follows; The Westerly line of said casement shall terminate in a line , that bears south 64° 2:5' 17" West from the Southerly terminus of the Lasivrly line of said easement. EXHIBIT A Ne.ginning at the .Southeasterly terminus of the center line of Orchard Drive a:: shown on a map of Tract No. 1507 filed in Rook 51, page 15, Miscellaneous Naps, records of Said County, • being an angle joint in the boundary of the land described in a deed to the Costa Mesa union School District, recorded. in Rook 3519., page 598, Official Records of said County; thence from a tangent that bears South 49° 23' 05" Gast; 1. Southeasterly 205.96 feet . along a 350.00 foot radius curve , said boundary that is concave Southwesterly through an angle of .33" 43' 00 "; thence 2. South 15" 40' 05" Fast 56.8.35 feet along boundary and the Southerly prolongation thereof to the beginning of a curve concave Easterly and having a radius of 250.110 feet; thence • 3. Southerly 29..87 feet along said curve through an angle of 6° 50' 47 "; thence 4. South 22° 30' 52" Bast 162.46 feet. The Westerly line of said casement shall terminate in a line , that bears south 64° 2:5' 17" West from the Southerly terminus of the Lasivrly line of said easement. EXHIBIT A PARCIA, Nn.. 2: (North .Star Beach) sK 11376PC 1594 An easement over that portion of Block 53, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State�,f California, as per map filed in Book 1, page 88, Miscellaneous M 4. records of said County, described as follows: Beginning at Station 109 of the Ordinary High Tide Line as described is the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along said boundary the following described courses: 1. North 4S° 21' 40" West. 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90° 00' 00 "; 3. North 4.50 21' 40" West 60.00 feet; 4. North 440 38' 20" East 487.52 feet; 5. North 56° 00' 00" West 49.94 feet; 6. North 510 2:3' 24" East 71.00 feet; 7. North 43° 05' 44" East 72.38 feet; •B. North. 34° 55" 00" East 78.24 feet; 9.. North 540 28' 12" East 144.11 feet; 20. North 68° 23' 00" Fast 214.41 feet; 11. North 870 39' 32" East 364.50 feet; 12. South 74° 08' 02" East 1.24.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary 13. South 16° 1.6' 5'4" West 1.00.14 feet, more or less, to said Ordinary Iligh Tide Line; thence along said line the following described courses: 14. North 80` 02' 37" West 152.20 feet; is f Mpc 15.95 1S. South 87° 32' 32" West 1.64.98 feet; 16. ;South 820 17' 13" West 209.1.1 feet; 17. South 590 23' 39" West 213.64 feet; 18. South 32° 52' 42" West 725.03 feet to the point of beginning. • • i'n':rla. 1:0. 3 (Constellation Drive) SK 11.376PS 1596 A relocatable easement 30.00 feet wide for vehicular ingress and egress, pedestrian and bicycle trail purposes over t1int portion of Itlnek 52, frvine's Subdivision, in the City of Newport Beach, County of Orangc, State of California, as per map filed in Book 1, page AB, ft scell aneous Recu rd Maps, records of said County, the Southeasterly and Southerll line being described as follows: Beginning at the most Easterly corner of Constellation Drive as shown on a map of Tract No. 4224, filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County.; • thence North 40' 40' O1" lust 29.50 feet along the boundary of said Tract . to the beginning of a curve therein concave Southeasterly and having a radius of 170.00 feet; thence Northeasterly 114.23 feet along said curve through an angle of 38° 30' 00 "; thence Leaving said boundary North 79° 10' O1" East 323.01 feet to the Ordinary Nigh Tide Line as described in the final degree entered in Case No. 20436 Superior Court of said County. The Northerly fine of said easement shall terminate Easterly in said Ordinary Nigh Tide Line. • PARCEL NO. 4: (Mariners Drive) An easement described as follows: sK 1 1376 ?c 1597 Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 4224, in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County, being in boundary of said 'Tract; thence . 1. North 690 51' 31" fast 30.00 feet along said boundary; thence 2. North 20° 08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of 50.00 feet; thence 3. Northwesterly 88.61 feet along said curve through an angle of 1010 32' 13 "; thence non- tangent _ 4. South 20° 08' 29" East 122.27 feet to said boundary; thence S. North 69° 51' 31." East 30.00 feet along said boundary to the point of beginning. r1 t` J f IdC6(II�tDtt!i', 1'C(tU1:A77;D RY I.ND ty11YN R1;CUI:DIID MAIL TO: BC 11376 n 1599 - pace above is line for Recorder's use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby • acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT JOI14TLY TO the COUNTY OF ORANGE, a body politic and corporate, . and the CITY OF NEWPORT BEACH, a municipal corporation, the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" and delineated on Exhibit "B ", which exhibits are attached hereto and by this reference are incorporated in and made a part of this Deed, SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way apparent or of record; and (2) The condition that Grantees, their successors and assigns, shall at all times use the premises for public park purposes .i. compatible with an ecological reserve and /or wildlife refuge and shall not cease to use or attempt to use said premises or any part thereof for:any purpose other than for public park purposes compatible with an ecological reserve anti /or wildlife refuge. In the event that the above condition is not satisfied or there is a breach of such uonditinn.,'Grant.or, !Ls successors and ;ISSi,9uc, may either (i) re-enter Mail Tax Statements To: (Grantee Tax Exempt). EXHIBIT 6 4/7/75 • • 4� I I I 1376P 1599 and Cake posseBaion of the premises and oust all persons therefrom, it being i tendecl that the failure "p!'any such condition to be satisfied or the breach of any such condition shall operate . as a condition subsequent and that each and all of Grantees, their successors or assigns and.any person acquiring*.interest in the premises shall be bound by and subject to such condition subsequent., or (ii) seek any other remedy available at law or in equity including, without limitation the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed at the option of Grantor, and the failure of any of such remedies to be employed upon any one or more of any occurrence . giving rise to such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1975. THE IRVINE COMPANY By President By Secretary 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and , Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed 2 it 11376?c 1600 the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed . by the within Corporation Grant Deed to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors If the County of Orange, pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 1975, and the Grantee consents to recordation thereof by its duly authorized o�ficer. DATED: , 1975. • ACCEPTED: CITY OF NEWPORT BEACH By Mayor By City Clerk APPROVED AS TO FORM: City Attorney 3 R 1 1 601 All those certain parcels of land in the City or Newport Reach, County of Orange, State of California, being portions of Blocks 4, 52 and 53, Irvine's Subdivision, as per map file in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: - Parcel 1: Beginning at Station No. 76 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County; thence EXHIBIT "A" 1. South 00 24' 52" Wcst 610.81 feet along said Ordinary -._ • High Tide Line to Station No. 77 thereof; thence 2. South 31° 37' 12" East 430.16 feet along said Ordinary High Tide Line; thence 3. South 450 00' 00" West 46.71 feet; thence 4. North 41" 01' 42" West 236.35 feet; thence i 5. North 32" 51' 26" West 352.96 feet; thence 6. North 290 39' 35" West 287.27 feet; thence 7. North 120 45' 46" West 305.55 feet; thence 8. North 4" 04' 26" West 351.89 feet; thence 9. North 9" 55' 34" West 90.20 feet to a point on the Southeasterly right of way line of Irvine Avenue, • 100.00 feet described in deed City wide, as a to the of - Newport Beach recorded in Book 8603, Page 885, said Official Records, said point being on a curve concave Southeasterly and having a radius of 500.00 feet, a radial to said Point bears North 52" 04' 24" West; thence 10. .Northeasterly 22.64 feet along said curve through an angle of 2° 35' 40 "; thence 11. .North 40' 31' 16" East 160.90 feet along said right of way line; thence EXHIBIT "A" 7. F.Y 12. South 00 21' 13. South 90 07' 14 South 31° 41' is North S40. of beginning; 15. South 54.° 13.' beginning. 11" West 34" East 41" Fast 13' 20" W thence 20" East tK 1 1376PS 1602 212.70 feet; thence 126.10 feet; thence 127...48;; feet to a point that -st Zb0.9.5 feet from the point 250...95 feet to the point of EXCEPTING AND RESERVING unto the Grantor, its successors and • assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including.. the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled • wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through . the surface or the upper S00 feet . of the subsurface of the land hereinabove described. u 11376 ?c 1603 Beginning at a point in the Iiasterly line of Lot 47, Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscel- laneous Maps, records of said County, said point being North 120 00' 06" West 23.74 feet along said line from the Southeast corner of said Lot; thence 1.. North 12° 00' 06" West 136.30 feet along said line and the East line of Lot 46, said Tract No. 4224, to the Northeast corner of said Lot 46; thence • 2. North 77° 33' 39" East 84.52 feet; thence 3. South 46° 35' 28" East 50.93 feet; thence 4. South 770 44' 07" East 23.54 feet; thence S. North 840 48' 20" East 55.23 feet; thence 6. South 47° 24' 48" East 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 7. South 200 08' 29" East 134.86 feet to a point of cusp with a tangent curve concave Southerly and having a . radius of 50.00 feet; thence 8. Westerly 88.61 feet along said curve through an angle of 101° 32' 13 "; thence non - tangent 9. North 20° 08' 29" West 45.66 feet; thence 10. South 84° 00' 21" West 171.41 feet to the point of beginning. BX I 1 376 ,0c 1604 EXCEPTING AND RESERVING unto tlje Grantor, its successors and assigns, all .oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells., tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, • deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the land hereinabove described. PARCEL 3: Beginning at Station 10.9 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Rook 157, pages 1 through 14, • Miscellaneous Maps, records of said County; thence along said boundary the following described courses: EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil., oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may he within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and .storing in and removing the same from said land or any other land, including the right to BKi1- 605 1. North 450 21' 40" Nest. 114.37 feet; ,37t�PC1 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 900 00' 00 ", 3. North 450 21' 40" West 60.00 feet; 4. North 440 38' 20" Last 487.52 feet; 5. North 560 00' 00" West 49.94 feet; 6. North 510 23' 24" East 71.00 feet; 7. North 430 05' 44" East 72.38 feet; 8. North .340 55' 00" East 76.24 feet; 9. North 540 28' 12" East 144.11 feet; 10. North 680 23' DO" East 214.41 feet; . 11. North 870 39' 32" Fa s 364.50 feet; 12. South 74.0 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract.; thence leaving said boundary 13. South 160 16' 54" West 100.14 . feet, more or less, to said Ordinary Nigh Tide Line; thence along said Line the following described courses: 14. North 800 02.' 37" West 152..20 feet; 15. South 870 32' 32" West 164.98 feet; 16. South 820 17' 13" West 209.11 feet; 17. South 590 23' 39" West 213.64 feet; • 18. South 320 52' 42" West 725.03 feet to the point of beginning. EXCEPTING AND RESERVING unto the Grantor, its successors and assigns, all oil., oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may he within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and .storing in and removing the same from said land or any other land, including the right to sK i 1376rc 1606 whipstock.. or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 :feet of the subsurface of the land hereinabove described. • r� U • '00, P 'moo 1 QP SCALE 1" =100' o, •STA.76 W kEJ �OJ e�jj �hko ?oo Quo �W~ �VVO -- STA. 77 R 11376rc 1607 /. 50 °24'52 "W 610.61' 2. 531°37' 1Z "E 430. /6' 3. S45000'00'W 46.71' 4. N41001'42'W 236.35' 5. N3Z °51°16 4W 352.96' 6. NZ9 °3035 "W 287.27' 7 N11°45'46 "W 305.55' 6. N4'04'26 "W351.69' 9 N9 °55'34 "W 90.20' /0. 4 =Z °35'40" 2 = 500.50' Z = 22.64' //. A140U06 0E /60.90' /Z. SO °Z/'// "W Z /2. 70' 13. S 9 *07'34*5 /Z6. /0' 14 S3/ °4/ 4/"E /Z746' 1.5. 554 ° 13'Z01E 250.95' P02T /ON OF ,9L K S. \4 � 5Z OF XI//A161,5 sue01vU10N PER M. ,Q. U /lB6. I THE IRVINE COMPANY rKUJLUlt CITY Of NEWPORT de.4C/! SW NEWPORT CENTER ORM • 11111 04J011 (Wee NEWPORT /SAY PA ?GELS NEWPORT euCH. CREIIORN1♦ $2110 1 TITI L. AnIlAln/)OV O/ /I I? Exhibit "D" Page 1 • • # 17"33 50.93, 1" 44' 07me 046,zo"s 55.Z V 6 4( 4T. Z 547 Coe.. 5g d4 LOT 46 THE IRVINE GOMPANY SSG NEWPORT CENTER CHIVE - ('14) Mb loll NEWPONT $EACH. CAtIlONNIA $2660 00' 64 At! 4224' Athf o'10,erION OF eLOC,<,fJ zewlvir(S fJ19171111510AI AER A•,ehf. Ildg• ory ar Nailpaer &c.4cg TITM 'JOUV12,qeY PLAT D%VN. By,543H DATEI-28-75 SHEET Z OF CKD. BY AfCC BA:;E MAP / FILE M 26 Exhibit "B" Page 2 151CP OWNS VI To, CID ZE C 6L Z PARCEL Z o Lor ,64.00,2j,pwv 17141' i564 ink 47 ZLL A NJ �o :W 120 GO 119 IN 0 SE. Col._ 5.6r Z3. 74' THE IRVINE GOMPANY SSG NEWPORT CENTER CHIVE - ('14) Mb loll NEWPONT $EACH. CAtIlONNIA $2660 00' 64 At! 4224' Athf o'10,erION OF eLOC,<,fJ zewlvir(S fJ19171111510AI AER A•,ehf. Ildg• ory ar Nailpaer &c.4cg TITM 'JOUV12,qeY PLAT D%VN. By,543H DATEI-28-75 SHEET Z OF CKD. BY AfCC BA:;E MAP / FILE M 26 Exhibit "B" Page 2 151CP OWNS VI To, CID V4.. THE IRVINE GOMPANY SSG NEWPORT CENTER CHIVE - ('14) Mb loll NEWPONT $EACH. CAtIlONNIA $2660 00' 64 At! 4224' Athf o'10,erION OF eLOC,<,fJ zewlvir(S fJ19171111510AI AER A•,ehf. Ildg• ory ar Nailpaer &c.4cg TITM 'JOUV12,qeY PLAT D%VN. By,543H DATEI-28-75 SHEET Z OF CKD. BY AfCC BA:;E MAP / FILE M 26 Exhibit "B" Page 2 151CP OWNS VI To, CID • • SW. Coe. [OT 60 �z l3 II 14 `OJ�1�. 15 00146E 10 ( °J /. 4145'21'40 "W 114.37' �\0� 2. a = 90'00'00" P= 15.00' y /- 23.56 ' J. 4145'Z/'40 "W 60.00' 4. 4144 038'20 "E 46752' A 17 ? 5. 4156 000100 "W 49.94' Q 6. 4151' Z3' Z4 "E 7/.00' 7 N43'05' 44 "E 7Z.36' b 5 B. N34 055'00 "E 76.24' W Y. 41540ZSVZ "E 144.11' /0. 4166'23'00 E' Z14.41' N67039'3Z4E 364.50' IB /Z. 574006'OZ "E 114.04' N a s 13. S 16 016'54 "91 loo. 14't z A N600OZ'37 "W 15Z.ZO' N a %t 15 567 032'32 "W 164.98' a st 16. 562017'13" W 209.11' 17 5520 Z3'39 0W Z13.64' . 16. 53205Z'4Z "W 725.03' NoRm sra .e t.0 W�Itp0� cLlf 9 D PO,PT /ON OF 131-OCK53 AeV/NE S SU13121VIS /ON SCAZ E: /'= 200' PER M.,P M. //66. THE IRVINE COMPANY PROJECT: C/TY of A/EIVPORT BEACN !!O.mN ONI CIN4P OAM • UH1600 1011 UPPEeNEWPO Y A FA,PCELS NxW "o Nx euc", TITLE: 906WOR PZAT OWN. Ry66,q DATE/ -31 -75 s"Eo 3 Of 3 No. –� —rii v�uD nv - li6ri- CI( U. DY NEL RASE MM z FILE NQ 2666 hxhibit "h" Pago 3 ON fa b 1.l''!1'1. 1:. I'l. ._111 I4111-N III "YHtDIV MAl I. TO: Space above this line for Recorder's use GRANT OF EASEMENT ax 11376nIs ro THE IRVINE COMPANY, a West Virginia corporation, hereby . GRANTS JOINTLY to the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACII, a municipal corporation, a non- exclusive, relocatable casement for pedestrian and bicycle ingress and egress purposes only over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof, SUBJECT TO: (1) Covenants, conditions., restrictions, reservations and easements and rights of way apparent or of record; and • (2) Relocation at any time by Grantor, its successors and assigns, . upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such relocation shall grant to Grantees a like and similar easement giving Grantees reasonably comparable access to the real property described in that certain Grant Deed from The Irvine Company to the State of California recorded in Book page. of Official Records; EXHIBIT 7. 4/7/75 RESERVING UNTO GRANTOR, Its successors and assigns, the right to use said land for any purpose . whatsoever as shall not interfere with or endanger the use by Grantee of this easement, including but not limited to the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, in, over, under and along, said land. Grantees shall be obligated to maintain said easement. Neither Grantor nor Grantees shall be obligated to make any Improvements on said easement, but either may do so at its own BK r 1376n161 I expense. If Grantees make any such expenditures and Grantor • subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantees for such expenditures. Grantees agree to indemnify Grantor against, and to hold Grantor harmless., from any loss or damage to any property, or in.lury or death of any person whomsoever, proximately caused in whole or in part by any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or their employees or agents, are .liable without fault, in the exercise of the rirhts herein granted, save and except in those Instances where such loss or damage or in:lury or death is proximately caused in whole or in part by the nerlirence of the Grantor, its • successors or assigns, or their employees or agents, or by any act ° or omission for which Grantor, its successors or assigns, or their employees or agents, are liable without fault. DATED: , 1975. THE IRVINE. COMPANY By President By Secretary 2. STATE OF CALIFORNIA � ss. COUNTY OF ORANGE , III 1 376 Pc1612 On _ 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the _ Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation . executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. NotaryPUblic in and for .said County and State • CERTIFICATE OF ACCEPTA14CE. This is to certify that the interest in real property conveyed • by the within Grant of Easement to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of Orange, pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 19.75,,and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. ACCEPTED: CITY OF NEWPORT BEACH By Mayor APPROVED AS TO FORM: By City Clerk City Attorney 3 : 1 I i BK 11376P.z 1:613 Those portions of Blocks 4, 59 51, 52, 53, 55 and 56, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in ]took 1, page 88, Mis- cellaneous Record Maps, records of said County, and that portion of Lot 2, Tract No. 1125, as per map filed in Book 399 pages 7 and 8., Miscellaneous Maps, records of said County, described as follows: PARCEL 1: (University Drive to Cast of 23rd Street) A relocatable easement 10..00 feet wide for pedestrian and bicycle • trail purposes, the center lino of which is described as follows: Beginning at the intersection of a line that is concentric with and 5.00 feet Southwesterly of the Southwesterly line of Parcel 2 as shown on a. map filed in Book 3, page 35, Parcel Maps, records of said County with the Southeasterly terminus of University Drive as described in a deed to the City of Newport Beach recorded in Book 8152, page 562, Official Records of said County said intersection being the beginning of a curve concave Northeasterly and having a radius of 1413.00 feet, a radial to said point bears South . 37° 25' 40" Nest; thence 1. Southeasterly 35.8.76 feet along said concentric curve through an angle of 14° 32' 50" to a point on a non- tangent curve concave Northerly and having a radius of 1955.00 feet, said curve being concentric with and 5.00 Northerly of that certain 1960.00 foot radius curve in the Northwesterly boundary of parcel 102.1 described in a deed Lo the Orange County Flood Control District recorded in Book. 5906, page 516, said Official Records, a radial to said point bears South 34° 04' 51" 1'.ast; thence £XIIIBIT A %V/ 0 • 2. Westerly 671.51 feet along said concentric t'ul'vc Lh]oogh an angle el' 17" 85' ]8" to a line that is parallel with and 5.00 feet Northerly of said Parcel 102.1; thence 3. South 730 50' 27" West 384.32 feet along said parallel line; thence 4. South 83" 18' 22" West 60.41, feet; thence S. South 75° 29' 36" West 90.07 feet; thence 6. North 86° 04' 54" West 146.34 feet; thence 7. South 71° 45' 50" West 333.81 feet; thence 8. North 7O 75' 12" Last 166.33 feet; thence 9. North 2° 08' 13" West 134.09 .feet; thence 10. South 590 53' 11" West 231.20 feet; thence 11. South 24° 00' 54" West 110.57 feet; thence 12. South 13° 17' 27" West 130.50 feet; thence 13. .South 39° 55' 13" West 63.89 feet; thence 14. South 6.5° 48" 46" West 258.71 feet; thence 15. South 830 49' 47" West 74.43 feet; thence 16. North 46° 06' 06" West 147.10 feet; thence 17. South 70 03' 28" West 211.60 feet; thence 18. South 320 00' 19" East 94.34 feet; thence 19. South 260 17' 18" West 185.15 feet; thence 20. South 390 261 49" West 51.15 feet; thence 21. South 43° 02' S1" West 67.26 feet;. thence. 22. South 35° 39' 19" West 56.61 feet; thence 23. South 90 36' 19" West 131.85 feet; thence. 24. South 330 S2' 15" West 175.84 feet; thence 25. South 14° 40' 35" West 65.12 feet; thence 26. South 0° 11' S6" Last 114.00 feet; thence 27. South 8' 21' 57" West 296.19 feet; thence 28. South 24° 321 4511 Last 139.62 feet; thence 29. South 1S° 35' 34" East 133.93 feet;. thence 30. South 17° 53' 46" West 403.52 feet.; thence BX 11 276 PC 1514 Al . Snulh 7'1" I4 56" Wept 51..31 feel;. Ihence BK 1 1:376K 1 6 15 32. South 49" 32' 16" West 134.06 feet; thence 33. South 21' 48' 21" West 37.16 feet;. thence 34. Sopth 5° 00' 47" East 114.44 feet; thence 35. South 25° 35' 3'1" (Vest 105.33 feet; thence 36. South 38° 54' 41" West 5.3.33 feet; thence 37. South 680 2.1' 20" West 33.89 feet; thence . 38. South 32° 06' 53" West 55.49 feet, thence. 39. South 1B° 00' 15" West 52. 12 feet; thence 40. South 1° 51' 41" West 32..88 feet to a point that bears North 54° 13' 20" West 138.97 feet from Station No. 76 of the Ordinary Iligh Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. • The side lines of said casement are to be prolonged or shortened so as to terminate in said line bearing North 5'4' 13' 20" West from said Station No. 76. PARCEL 2t (Big Canyon) A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the Northerly and Northeasterly line of which is described as follows.! • Commencing at the Southeasterly corner of Tract No, 5425, as per map filed in Book 199, pages 1 and 2,. Miscellaneous Maps, records of said Comity, said corner being in the Northwesterly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of Newport Bench, recorded in Book 7964, page 631, Official Records of said County; thence BN 1 1376 Pe 1516 1, South 27° 19' 32" West 36.92 feet along said line t6 the '11N11. POINT 0-.AFG1NN.ING; thence leaving said line 2. North til" SO' 44" West 105.16 fcct ; thence 3. 5uuth 6l" 43' 08" West. 1, 3.17'fcet; t'hegcc 4. South 60° 54' 20" West 217.20 feet; thence S. South 730 43' 42" West 241.09 feet; thence 6. North 260 34' 42" lie st 533.73 feet; thence 7. North 13.0 02' 57" West 128.48 feet; thence 8. North 260 23' 16" West 318.84 feet.; thence 9. North 450 491 05" West 204.61 f.ect; thence 10. South 860 23' 58" West 161.19 feet; thence • 11. North 800 56' 53" West 174.79 feet; thence 12. North 74° 36' 40" West. 193.55 feet; thence 13. North 55' 10' 09" West 205.86 feet; thence 14. North 26° 55' 16" West 114,55 feet;. thence 15. North 2' 05' 12" West 178.72 feet; thence 16. North 32' 30' 23" West 1.68.89 feet; thence 17. North 60' 42' 3.3" West 476.62 to the Northeasterly right of way line of Back Bay Drive,. formerly Palisades Road, as described in a deed to the County of Orange, recorded in Book 1037, page 269, said Official Records. PARCEL 3: (Big Canyon) A relocatable casement 10.00 feet wide for pedestrian and bicycle trail purposes the Southerly, Southwesterly and Westerly line of which is described as follows: Commencing at the Suutbeasterly corner of 'Tract No. 5425, as per map filed in Book 199, pages 1 and 2, Miscellaneous Maps, records of said_County, said corner being in the Northwesterly right of way line of Jamboree -• • Road 132.00 feet wide as described in a deed to the City of Newport 1lcach, recorded in Book 7964, page 631, Official Records of said County; thence 1. South 270 19" 32" West 355.63 feet along said right of way line to the beginning of a curve therein concave Northwesterly and having a radius of 5950.00 feet; thence 2. Southwesterly 40.3.16 feet along said curve through an angle of 3° 52' 56" to the TRUE POINT OF BEGINNING; thence leaving said line non - tangent 3. North 600 03' 44" West 218.15 feet; thence 4. North 490 11' 16" West. 148.51 feet; thence 5. North 3'8° 26' 23" {Vest 210.21 feet; thence 6. North 310 21' 08" West 168.12 feet; thence 7. North 46 ° 13' 0.8" West 212.86 feet; thence 8. North 7° 24' 42" West 139.21 feet; thence 9. North 24° 42' 40" West 68..14 feet; thence 10. North 10 2'6'' 29" West 64.11 feet; thence 11. North 440 53'' 13" West 243.87 feet; thence 12. North 87° 55" 49" West 166.85 feet; thence 13. North. 710 12' 15" West 122.38 feet; thence 14. South 870 14' 34" West 355,45 feet; thence 15. South 88° 08' 04" West 226.68 feet; thence 16. South 620 48' 18" West 320.75 feet; thence 17.. North 86° 22' 34" West 120.46 feet; thence 18.'North 69° 52' 48" West 132.64 feet.; thence 19. North 21" 29' 54" Bast 51.18 feet; thence 20. North 13" 36' 05" Gast 15.53 feet to the Southeasterly right of way line of Rack Bay Drive, formerly Palisade% (toad, as described in a deed to the County of Orange, recorded in Bopk 1037, page 269, said Official Records. 1'bc ):as[01'].)' li ➢r of :aid c•asc•mtait i.: to be I,rnlmiged NoI'thcrly 6K11376nf5i8 SO as to terminate in the Southeasterly Iiuc of said (tack - V !.h Nay Drive. PARCEL 4: (Dover Shores South) A velocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes over that portion of Lot 2, said Tract No. 1125, tbe,5outheasterly line of which is described as follows: Beginning at the Southwesterly corner of Lot D, Tract No. 4224, as per map filed in Book 157, pages 1 through • 14, Miscellaneous Maps, records of said County; thence North 280 00' 00" East 49.58 feet along the Northwesterly r1 L J line of said Lot D. The Northwesterly line of said casement is to be prolonged. Southwesterly so as to terminate in the Ordinary Nigh 'fide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. PARCEL 5: (Easterly from Irvine Avenue N/0 Santa Isabel Avenue) A relocatable casement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: Iteginning at ;I point in the Easterly right of way line Of Irviuc AVTnUe, 100.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 8282, pnj,e 708, Official Records of said County, said point being North 11° 32.' 22" East 11.08 feet along Zvi said right of wag Iinc I'rom i,ho ;Out lit! rly Ic]minu5 of the Course whose Center line is describcd as North 10° 50' 26" SU Bast 189.18 feet in said decd; thence North 73° 10' 16" East 248.16 feet; thence South 570 45' 17" East 151.80 feet to a point that is North 1° O1' 52" West 51.1.3 feet from Station No. 70 of the Ordinary High Tide Line as described in the .final decree entered in Case No. 20436 Superior Court of said Orange County. The Northra,,tcrly line of said casement shall terminate in a lint thut hears North 53° 22' 27" Eust from the Southeasterly terminus of said center line and Westerly in said right of way line, and tho Southwesterly line of said easement shall terminate in a line that boars South 36° 43' 20" west from • said Southcasterly.torminus and Westerly in said right of way line. PARCEL 6: (Easterly from Irvine Avenue S/O Santa Isabel Avenue A rolocatoble easement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: Beginning at s point in the Easterly right of way line of Irvine Avenue, 100.00 foot wide, as described in a deed to the City of Nowport Beach recorded in Book 8603, page 885, • Official Records of said County, said point being on a curve concavo Wostcrly and having n radius of 420.00 foot, the eonter lino being doscrlbod us having a rudlua of 370.00 foot and a central unglo of 630 431.00 ", suld point being Northeasterly 448.27 foot along said curve from the Southwesterly terminus, a rndinl to said point bours North 690 22' 08" East;: thonco from Sala point of hogi.nning South 870 5.9' 13" Last 407.40 feet to a point that is North 22. 28' 55" West ' ;r // pike Iurvlu�V�,V 166.18 feet from Station Nu. 73 of the ordinary High Tidc Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. The side lines of said easement are to be prolonged or shortened so as to terminate Westerly in said rigbt,of way line and Easterly in a line bearing South 6° 26' 13" East and passes through the Pasterly terminus of said center line. PARCIN, 7: (Mariners Drive) An easement for pedestrian and bicycle purposes described as • follows: Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 4224, in Book 157, pagce 1 through 14, Miscellaneous Maps, records of said County, being in boundary of said Tract; thence 1. North 69° 51' 31" Last 30.00 feet along said boundary;. thence 2. North 200 08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of • 50.00 feet; thence 3. Northwesterly 88.61 feet along said curve through an angle of 101° 32' 13 "; thence non - tangent 4. South 20' 08' 29" Past 122.27 feet to said boundary; thence 5. North 69° 51' 3.1" East 30.00 feet along said boundary to the point of beginning. 191u.11 0 jI, I,I:U MA I]. Tl: at 11376PC 1621 Space above this line for Recorder's use GRANT AP EASEMENT THE IRVINE COMPANY, a West Virginia corporation, hereby GRANTS JOINTLY to the COUNTY of ORANGE, a body politic . and corporate, and the CITY OP NEWPORT BEACH, a municipal corporation, a non- exclusive, relocatable easement, for vehicular, pedestrian and bicycle ingress and egress purposes over real property situated in isthe City of Newport Beach, County of Orange, State of California,. described in Exhibit "A" attached hereto and by this reference made a part hereof., SUBJECT T0: (1) Covenants, conditions, restrictions, reservations and easements and rights of way apparent or of record; and (2) Relocation at any time by Grantor, its successors .and assigns, upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such relocation .shall grant to Grantees a like and similar easement giving Grantees reasonably comparable .access to the real property described in that certain • Grant Deed from The Irvine Company to the State of California recorded in Book , page of Official Records; RESERVING UNTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not interfere with or endanger the use by Grantees of this easement, 11 sx I ! 376pc 1622 including but not limited to the right to construct, relocate, repair and maintain pinelines or other facilities for utilities on, in, over, under and along said land. Grantees shall be obligated to maintain said easement. Neither Grantor nor Grantees shall be obligated to make any improvements on said easement, but either may do so at its own exnense. If Grantees make any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agrees to reimburse Grantees for such expenditures. Grantees agree to Indemnify Grantor against, and to hold • Grantor harmless, from any loss or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or their employees or agents, are liable without fault, In the exercise of the rights herein granted, save and except in those Instances where such loss or damage or InJury or death Is proximately caused In whole or in part by the negligence of the Grantor, its successors or assiens, or their employees or agents, or by any act or omission for which Grantor, Its successors or asslmns, or their employees or agents, are liable without fault. • DATED: , 1`375 THE IRViNF.. COMPANY By President By Secretary 2. X I '// is STATE 01' CALIFORNIA ) ) ss. COuNTYoF ORANGE ) az 11376 Fr. 1623 On , 1975, before me, the undersigned, a. Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who exemtted the within instrument on behalf of the corporation therein named, end ecknowlcdgcd to me that such corporation executed the within instrument pursuant to its bylaws or a. resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County and State CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within Grant of Easement to the County of Orange, a body corporate and politic, is hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of Orange, pursuant to authority conferred by resolution of the said Board of Supervisors adopted on , 1975, . and the Grantee consents to recordation thereof by its duly authorized officer. DATED: , 1975. • ACCEPTED:: CITY OF NEWPORT BEACH APPROVED AS TO FORM: City Attorney 3 By .Mayor By City Clerk ?x! 1376t0624 (Constellation Drive) A relocatable easement 30.00 feot wide for emergency vehicle ingress and egress, pedestrian and bicycle trail purposes over that portion of Block 5.2, Irvine's Subdivision, in the City of Newport Beach, Country of Orango, State of California, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, the Southeasterly and Southerly line being described as follows: Beginning at the most (Easterly corner of Constellation Drive • as shown on a map of Tract No. 4224, filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence North 40° 40' 0.1" Bast 29.50 feet along the boundary of said Tract to the beginning of a curve therein concave Southeasterly and having a radius of 170.09 feet; thence Northeasterly 114.23 feet along said curve through an angle of 38° 30' 00 "; thence leaving said boundary North 79° 10' 01" East 323.01 feet to the Ordinary Nigh Tide Line as described in the final degree entered in Case No. 20436 Superior Court of said County. • The Northerly line of said easement shall terminate Easterly in said Ordinary Nigh Tide line. EXHIBIT A R° P1' � !` l;fJf✓ � i ' y , aorta• y RAONN a�� {, yy �r • .. �Irf, ��.}; ' ,,� R° P1' IN J \ dR 1 {R1(Ir 1 R° P1' T' // MEMORANDUM of U11DCRSTANDING BK 1 13761C 1 627 The State of California (herein "State "), through the Department of Fish and Game (herein "Department "), and The Irvine Company (herein "Irvi.ne "), agree that it would be in their mutual interests to' arrive at a method by which the public can acquire ownership of those portions of Upper Newport day which have coastal wetland habitat value although finds are not immediately available for such acquisition. It is recognized that the State is acting in cooperation with the County of Orange, the City of Newport Beach, the State Lands Commission, and the United States Department of The Interior, all of whom have a significant legal and /or policy interest in the objective of the transaction. The Depart- ment has determined that certain of Irvine lands in the Upper Newport Bay area have value as fish and wildlife resources and that it desires to acquire such lands in order to establish an ecological reserve and /or wildlife refuge. The other interested entities have evidenced a like interest in the retention and enhancement of the environmental and ecological values of this area. In order to determine the feasibility of the acquisition of Irvine lands in the Upper dewport Bay area the State of California, through the Department, and the Irvine ompany agree to pursue the following course of action: 1. The parties will attempt to agree by March 8, 1974, as to the definitive description of the Irvine lands (herein "lands ") to be acquired by the Department. 2. The State Lands Commission will have completed by May 1, 1974, an appraisal of the Lands to be acquired on an unencumbered fee basis, taking into account the following: a. Any unusual circumstances affecting the cost of development of the Lands; b. The regulation of dredging, filling, bulkheading and navigation by Federal, State and local agencies; e. The effect, if any, of Federal, State and local statutes, acts, regulations or ordinances, designed to protect the environment; d. Such other matters as the parties determine might have an unusual impact on the value, 3. Irvine and the Department, with the assistance of legal counsel and appraisers, will attempt, by tfay 1, 1974, to reduce to dollar value any factors that may have an effect, if any, upon the unencumbered fee value of the Lands, such as: EXHIBIT I 0 it 113761& 1 628. a. Impcdi.mcnt:; to t.itic, including, pre: ;criptive ri,ehts and the public easement for navi.g,a iou, commerce and fisheries (in this determination any and all nvAtters developed tarough the County of Oranvc will be taken into account and the State and Department shall keep representatives of the County inforimad of any .'+information they develop in this regard); b.' Cxtent of access available to the Lands. 4. The Department and Irvine shall, upon the conveyance of those Lands, diligently pursue all reasonable methods of obtaining funds or other consideration to satisfy the agreed purchase price. 5. The terms pursuant to which Irvine will convey the Lands to the Department shall be determined, and shall include the following: a. The conveyance shall occur no later than June 30, • 1974, and shall be for the purpose of establishing an ecological reserve and /or wildlife refuge, and related uses. Title shall be taken by the State of California or its nominee approved by the, parties hereto. 'b. The purchase price shall be the appraised value determined under paragraph 2 above, reduced by the value of the factors under paragraph 3 above. c. Irvine shall offer to the Department certain induce- mcnts mutually agreed upon that will encourage the Department to make or cause to be made early payments for the Lands; d. The Lands shall be parcclized and a portion of the • purchase price shall be allocated to each parcel. A sequence for paying for the purchase price for the parcels shall be agreed upon and in any event all parcels shall be paid for within ten (10) years from the date of conveyance. Any parcel that has not been paid for within such period of time shall be re- conveyed to the Company; e. During the ten (10) year period Irvine shall have no right of entry or right to use the Lands beyond those rights normally afforded the general public upon said Lands; and f. Department shall have the full right of occupancy and use of the Lands during the ten (10) year period but shall not be pernittcd to change the character of any portion of the Lands not yet paid for in such a way as to diminish the value of Irvine's reversion without the consent of Irvine. -2- BF 1 1 3lor� r� 6. Tho con::ummat.ion of the traiw- ction ::hall be contingent upon the following: a. Irvine receiving an opinion from the Attorney General on behalf of the Department that the 'transaction described above would effectively remove the Lands from the imposition of real property taxes; b. A settlement of the case>of ^County of Orange V. The Irvine Companv, et al., Orange County Superior Court ::o. 1'J414b, involving the issue of prescriptive rights whereby such settlement will be mutually agreeable to Irvine, County, and State. 7. Irvine will supply to the State and Department a preliminary title report covering these Lands, as a prerequisite to further negotiations, which is subject to approval of the State and Department. • 8. Irvine will furnish the Department with a CLTA policy of standard title insurance with extended coverage in the amount of the purchase price at the time of the original transfer, subject only to the exceptions and conditions set forth in the approved pre- liminary title report. 9. This memorandum of understanding is merely an agreement to agree and should not be interpreted as a binding contract. flefore this transaction regarding the purchase of Irvine's properties in Upper Newport Bay is consummated the final documentation shall be Submitted to the County of Orange and the City of Newport Beach for their review and comment and the documentation shall thereafter be subject to the approval of -he Board of Directors of Irvine and the appropriate State agencies. • STATE OF CALIFORNI through the DEPARTMENT OF FISH/AND GAI';E , Director THE IRVINE COMPANY /1 Raymond L. Watson, President Date :1 /_ _y: 7/ Date � / 17 -3- THE IRVINE COMPANY COPY -7 -. ...r // 0 • 01TIO. (W 'I 'I I!: A I I oj:mj cl..\1111M. •arch 22, 1974 I oil 1376rc 1630 Itvn,,-,nlA.cI C.corl--,c !V-y Arnctt: of and Gmzic 1416 Cinth Sacramento, CA 95814 Dear Mr. Arnett: This is in rcply to your leLt%cr of January 22, 1974, iv. which you rccjueslicd our opinion with respect' to the follow- ing question: Can the Count, of Orange, upon the sale of- property by an indiviclu.il to tho State of, Cali`.ornia, remove from its ta>: rolls such property where the ?17�pc:rty is being sold subject to certain limitations and conditions? Our conclusion is as follows: The County of immediately upon the sal-c of p::c;)erty by an indivicliml. to the SLc.to of Cali.'ornizA, can wcii;ove from itn ti-: ro17a such property the Sold subject to certain limitations and conditions, AVALYSTS The factual background regardine, this tl:annaction is as foljo:aS: a. 'file State Department of Fish and Came. would like to purchase Parts or Upper Nvvjlovt Bay from the Irvine Company. b. 'llic land 0-tall be parcelized and i: portion of the purchase price will be all-ocazcd to each p.ircol. EXIIXBIT 11 W/ Honorable Gcor.gc Ray Arnett --2- 811 1376PG 1631 March 221 197E C. A serlucr+ca for paying f:oi: _the purcharrc price fol; Lhc parcel !;hall bc..:•ag,rccd upon bet:weclt Lhc: part:i.es and in any all par.ccls sh.il]- be paid within LCn year-; from the date of the. convcyancc. d. Any parcels LhaL are not so paid for shall be reconveyed by the State back to the Irvine Company. e, 1hn i.ng the tcn -year pceriod the.. Irvine Company shall have no right of entry or right to use all. the parcels without: the express approval of the SL-at :c. - • f, -The us.e of all the parcels shall be limited by a clued rcncrict.ion enforceable by a reversi:onai :y clause to use said parcels as an ecological reserve and /or wildlife refuge. g. The SLaLC shall have the full right: of occu- pancy and m4- o.f the Parcels during this d L,ep year P -�;or1 -bi�L shall not Ue permitted t.oRC �U s he cti�racter of, Lhe lands in such �qt 1i Wily -Ii, pa, Ti.n` - mi ".t1tc value of Irvine Cempa iy s .:'rct rs` prt �i;Lil_out, thct consent of To detcrnni-nc whether or not the County of Orange should t'C.InQVQ the cnti-rc piece of property subject to the above • arnnsacti.on from its Lax rolls at t"hc outset of this trans - accvior., we must first of all examine California Constitution, artic)c ::III, section 1, which exc;npts from taxation all hrapr.r.t:y belonl;i.n;; to Lhe State or Lo 'Illy county, cite and County, or municipal corpornti.on within the Suite. This :Or-UJ +n .provides, in hart, as f-oil.uws: "All property in the state e�,ccpt: as other- wise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, or as hereinafter provided , Nt=oPcrty .:such as may belong to the United S( :nLc%, this- state, or to any county, city and county, or municipal corpornl.i-on within this state Shall be exempt from taxation. , - . ." The Court made '.a sirni tar: st :rtc!mc:,nt in G1enn- Coltxsa_7�,�� ._� tS.G. V. 011):t, 31 Cal..App.2d'619, 624 (1939) -_ Thos, the ciu ^-sti.on finally comcs down to whether. or not tale pi:oper:ty in ducstior will. "bclong" to the State.oy,Califcknigki ;j after the execution of- tiie sale. In St.ntc: Land Settic;r-et t T'Jurr;d v 11 en6c:2-F:c)r, 7 Cal. 4u/ 19 2 5 , I Ca 1TJ.VX ter-.,.... —. Supteme Court ,tatted. that the wo :d "btlou „” denotes an 'unquali,f>_cd ownership of laic property and not an owner hip s%ibJect to lai� condition tint it tray to be used e�:clusi-vely for !;over „u.ntal pur pc ,c f.n arriving nt: its concausion, t:hc cour i r.c�•()rtcd to (:Itc n t]:.(u of and ordinary +!calling or t:hr. !turd "bcluii;." "Other- u} :r :inplcIs and i- ].lust :rations of t:irC r;:rc(ni.r,g of Citc: ;,cord 'beJ.on ;i.n,: t.(s' ate �i.v ;cn tO Strove that t're iron dr: user) i.n a ccnr:t a luCi on ar:e cquivalent- to 'tile pr eperty Of ' The %coon- to' arc: equivalent to the t :or(IS 'owned liy.' 'Phe primary i;ioani.n,, ^, of the word is 'to be the pro, city of.' :C t: itnpli_es u%ane s,hi.p. .(7 C.J. 3:039, rind note _1 There is aulp].c alt:l-o,rity in t}ris, and other jvrisdictlons to sustain this construction." Id.) 4$0 -481, t!n ,(:r the circutnstancvs described by yoti, it appears that tlaa- intent of the State i.; to peirc:hase tho Int:irc property. 'ilia parcelization O.C. the land with an allucatlon lift the purchase Price made to each of ne. parcel.;; nppatc :ntly is being done llonor�7'ble Ce w.g,(: Ray Art ui.ti: -3.- March 22,, 1971+ The courts have scatcd t4nt AchotiGh cr- enij)rioW; are goli rnl.ly o , strictly colts .rued, all pu'u.l-ic 1» :oprr -t_y is consi.dci:ed c.- c.rnlrt and is not to are t;ImA unless there is Cxprer -s authority for cm:i.ng'it I';Irlc -im V cotint,V of T J-I: An,( -1es, 182 Gal. 171 (1920) This ri�iisJ ics -to i 1 >r opc:i t:y M1re].opg- .c..rn;pt:ion ing to the State of CalifOr:nin It is i- nuaaterial: how the pr:operty is used, whct:hcr it. is crper: ti-,ve- or nonoperative', or whet :her it is tisc;d in a pr:opr:ietar.y or governmental., enpaci-ty the court so stated i.n Ander6¢on- Cottonwo6d IrK ' Dint. v 1 ^ltrl ;lcr.•rt; 1.3 Cn.1.2d 191, "'1`lu: fact thn't t rc,:,;1) ropert5, lrcrc i,ivolved has been iud;i.ci :rt]y cictei ni:hccl to be Irc.].d or used by t1►0 1rr: T,: :Lion MIL l oric -e fur:• a pub' 4.0. purpcoc, and Y not: in n propri.ct: :rry �c :nsc, irhou7,d not in "any ,gay be de(ni wd to detract from 17he force, of that which - has been said he),c.inbt fora with r:cgard to Tare Cori ClOri oil wc: hav(: reached that, under- the Consfttu- ti-on:il. pr ovif%i.on which val:c!; otaiic-rslai.p the so)-q , test of c XcrnptLion, l.lru uSC to which tll( property is put would be inrna�c:rial." The Court made '.a sirni tar: st :rtc!mc:,nt in G1enn- Coltxsa_7�,�� ._� tS.G. V. 011):t, 31 Cal..App.2d'619, 624 (1939) -_ Thos, the ciu ^-sti.on finally comcs down to whether. or not tale pi:oper:ty in ducstior will. "bclong" to the State.oy,Califcknigki ;j after the execution of- tiie sale. In St.ntc: Land Settic;r-et t T'Jurr;d v 11 en6c:2-F:c)r, 7 Cal. 4u/ 19 2 5 , I Ca 1TJ.VX ter-.,.... —. Supteme Court ,tatted. that the wo :d "btlou „” denotes an 'unquali,f>_cd ownership of laic property and not an owner hip s%ibJect to lai� condition tint it tray to be used e�:clusi-vely for !;over „u.ntal pur pc ,c f.n arriving nt: its concausion, t:hc cour i r.c�•()rtcd to (:Itc n t]:.(u of and ordinary +!calling or t:hr. !turd "bcluii;." "Other- u} :r :inplcIs and i- ].lust :rations of t:irC r;:rc(ni.r,g of Citc: ;,cord 'beJ.on ;i.n,: t.(s' ate �i.v ;cn tO Strove that t're iron dr: user) i.n a ccnr:t a luCi on ar:e cquivalent- to 'tile pr eperty Of ' The %coon- to' arc: equivalent to the t :or(IS 'owned liy.' 'Phe primary i;ioani.n,, ^, of the word is 'to be the pro, city of.' :C t: itnpli_es u%ane s,hi.p. .(7 C.J. 3:039, rind note _1 There is aulp].c alt:l-o,rity in t}ris, and other jvrisdictlons to sustain this construction." Id.) 4$0 -481, t!n ,(:r the circutnstancvs described by yoti, it appears that tlaa- intent of the State i.; to peirc:hase tho Int:irc property. 'ilia parcelization O.C. the land with an allucatlon lift the purchase Price made to each of ne. parcel.;; nppatc :ntly is being done /I 1lol)oj.,:1lAc C(!urj;(: R:ly A),nutt -11- f.o :1!: to I aw i i i I :I t.(! vlln of :my port of the pl:o1wrLy f0loklid t.h(-- (:1-i"lixc ptill.chlo;c pi:iccr riot be paid, fol: withill 1AIC: Linn -ycm: period. The recolive, y,-lilce of a r):irl: of the property, namely, a parcel in thif; rase, for ticmpuytxtliC, if th"IL ocmu-F) would be nothing Inore Chili) Hie I oi;.,; of I fie p)-opc:rLy cluc to fcirec,1_osm:z_:. The fact-. Clint tll(• if; sllb•(,ct Lo 013.!; coil t 111"'oncy is riot t.o Hic: completcd con- -irdiL of cnx oxemp- "Hol- do vl� Lh.OiL the 1. 11 ti oil I :i i 1 1),7( of t 11"! pw:!: 10 'Jil itly of '01 for:CcIosurc ill which (JA I(: to Hit; J)ropervy mi}',hl 1w lq t.. The st;lColls of the pr(.1p, - 7: :[ y ;1;; or 100("Ilt while i'll the hallcl:: of :Ill it',:( lvil-i licit-, hy :i_! S i 1) 12 �; L 0a. u s -1 f s M , ury dl ( by Cie alltho)Jt-.y Authority v. Dockv�e i.] 14 li,037, 456 (7.93(j � • Fact-. llC:ll 011L :Ibc)ve is furvlwio c:videnoc that total. owner- Ship (,)I t.11c: proix 3011.0; r(O:,;t_!.; ill III(: S ta to 0 Fact 'if" imp ,::(:s a i:•:;Lriution on w;e. This restriction I�o bc a covcll.or,t! colicc!r1lin" tic ll!-e of tire land. The (A. t.11i�: l7estricLion wj]]. not: mal:(: I-lie conveyance any ],C!!;:; a col;,])Tutod ccmv(:yrunce. Any violation wich rc:pect to Ole 11!.(• of Cllc propci-t.", will be -11lbj(:C.-.t-. to Contractual dml'aI:o cs for or 1:C1;!(1(l'i.CS as set forth in California Civil. Code sections .1460-1670. lloa;evd r, fact: "g" may foam problem-. The facts on thi- poillL ns it) your arc some%.Tliat vaguo and "IMI)i I ulls a t o \:I I i I L d I C, S ti I ce (:;(Illloc do tai Ch 17c,.C;-,)c:ct to L I I C • p-op(!): Ly ill I; J,oll . ror dcx's your lovt.el: desc:):ibc vAlat I.- c 1) , edi(::; tile wil.l have if the State slloklIcl ch'illf'o tile ch.�r:lctcr of Lhc lalld NO as to diMilliSh its V,11LIC LO the 1- . Cs tt-s C: I ";.()It m, ray Lake the form of a conclitioll a qkl.11 i.fiC1 - I . CiOil 11Amlc',X.(1(I Lo an c-st'lLo by the E;rantor, .;;)Oil Cllr h:11)1)0;,n;.I)r, Oj. whi-ch I'llco (:state is erdar�cd or d Q f d . . . i�: C:)-(•atc�(i by tll(' muclial a-rcociliclit of tlic, C, C P'llotjxz: and is 1)10 Ildill"', upon both. 1•10c V. 116 Cn1.Ai?il• 403; 419 (1(931), This conclition should b-C-1 —Iliorc, c1(.•.-ii7J-y Spc :Ilcd out, cithol: as a covenant 0), It )O(:O1;v)Oi(:IJ.o1l, so as- Lo exprco::slY providf.: that tAle 111(: -11.ville Co tic. S La Le of on C(:I- LOOdli Colldiciolls and p 'ovidc� for tile remcdy r I / I1O n1,] t' Gc c,rl;c' I',.ry Aruc1.t ­'i° Ii 1 2l, 1'.174 6K 1 1376Pc 1634. for t.ucli a brnrch of condi.Licn:; by Lhc: SLaLe. An s1:rtLclilenL to t.lti.; cFfc'(:C iai.l.i. clearly s,lmw Hie inLer1L of the parki.cs. If Hint: is done:, Lhcu t:lic Starr of Cal.i.for.nia as t)le gtanLc °e cif LLat: properLy rsul)jecc to a covemint or a condi.Li(III wirl. be LI!c c- t:ncir of a free si:etplc, that i_s, a 1;nmLc1,c with cnmhl.ete ri J;hts of oc,mers:hi.p. Shi(JAn V. Bnul: of: At,;rrica 2 i C ;iI. App. 2d 330, 334 (1.964), 4Jhi'lc fact"_i7 !n Fo ;ul;p,et:t: L.hnL. the Irvine COMpany rtny wish Lo retain a pne.s :i,hi 7 i ty of reverter, we would not recommend chat: clic (1(:(-Cl Iw drawn in thnl: J;r,i!ion. hrvc:rthc Jc' ;s, a possibi.li.Ly' of )-(.vc,rtcr would uc,L pri:uc'nt: lhc: Stat.c: frtra prz!sc:ntly owning, n f.cr• si.ntp]c:. "i.L- wcnt1cl ;ccm that Lhc 111c3 :c poc,ei.b).liL'y of f-orfc:i. t:urc of t:a.l.:l.e 1 "01- of c:ondi -Lioln r.ul:)cscyttcnt could not. ;'rre:t c r.cv Li:a!: rtc:a i.nLc'rc:st: 110t, ru�)cs;; or i,mt :il Ole MOICI: of Lhc'rsirni; try r2. l: has invnk(arl Hic condiL: -cn by rec:nt:eri.ng or su:in:; i.n sotIc form fnl: dc:c11ravJ-011 of terrn.ir- nl:i.on of: Lilo ;;rautcc:'s:, tit:7.c:." _1�nx)o_r_ V. Contirle!1ral i_'<aLhcr •(,nrt >. , 131. Cal..Alap.2(l '2.67, 274 -27,'i 1`).`iJ); G vlL-Coue beckon ( In of till(: folic: oi.n,,, and p,u:Li :cularly if the condi.Lions al..e more , ;peci.f:_(c;31 7y ! 11CA.l.ced ouL -, we ore of L.hc opinion that the c:nLir.e pavccl, of property slroul.d be nt: coved from L-he Lax 1.-01.1:: of Gount:y at: the onset of this transaction. T1 you have miy further questions rej;al:dirtc this matter, pica! ;O feel. free to ca17. upon us at any C.i.ma, Wry trul.y yours, hV1,1,7.L' J. YOUNGI R ALLoLnt!yCone; :n1. Deputy Attorney General r� LJ 1 1 2 3 4, 6' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MON. M i MIOMI Bk 1 1376PS 1635 CjiUFoN, DUNN F CIRU'L'Clir.R by: Rohert S. 1i41r7en By: Richard r„ Duncan, Jr. BY: Bruce A. Tcstor 550 Newport Center Drive Suite 800 Newport Reach, California 92660 TeIophonc: (714) 644 -2071 (213) 4RO -7326 Attorney, for ncfendant and Cross - Complainant, Thr Irvine Company SUPERIOR COURT OF THE STA'L'E OF CALIFORNIA FOR THE' COUNTY OF ORANGE COUNTY OE' ORAN,1E:, nt. al., ) ) NO. 194 245 Plaintiff, ) V5. THE IRVINE COMPANY, etc., et al., Defendants. THF IRVINE COMPANY, a West Virginia jcor.porat. ion, Cross- Complainant, vs. COUNTY 0I' ORANGE, a political corporation; CITY OF NEWPORT BEACH, a municipal corporation, Cross- Defendants STIPULATION FOR DISMISSAL OF ACTION AND ORDER 1, This Stipulation for Dismissal of the above - entitled action is made by and between Plaintiff and Cross- defendant COUNTY OF ORANGi: ( "County ") , Defendant and Cross - complainant THE IRVINE COMPANY ( "Irvine "), Defendant STATE OV CALIFORNIA ( "State "), Defendant .7ACIC DEVAsIl, Dofe.nJant H.iTIID rx::e REVASH, Defendant DOVER SHURI:S COMMUNITY A;SOCIATION, and Cross- Defendant CITY OF NEWPORT 8EAC:H ( "City ") by and through their respective attorneys in light of the following facts: Exhibit 12 • • 1 2 3 4 b 6 7 8, 9 101 11, 121 13 14 16' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 OWN. 7Wm 1 COTM B0 1376F t 536 I (a) Hy Minute order dated dune 1, 197), the County Board of Supervisort: directed the County Department of Real Property Services ( "Department ") . . . to prepare a complete inventory of all public -owned properties and prescriptive right areas. in Upper Newport Bay and adjacent areas." (b) In April 1972, the Department completed a report entitled "Upper Newport .Bay Study of Public. Rights and Access" and on May 1, 1972, transmitted said report to the County Board of Super- visors with the following statements made in the transmittal letter: "This Study identifies within the Study area all recorded rights and potentially perfectible prescriptive areas, as well as tideland grant restrictions on .both private and public property. "An area generally bounded by Pacific Coast Highway, Jamboree Road, Palisades Road [now Bristol Road] and Tustin and Irvine Avenues was investigated for the Study. "All private property adjacent to the Upper Bay was inspected to ascertain the extent of public use. The title staff of this Department physically walked the perimeter of the upper bay examining and photographing all visible signs of usage by the .public. Photographs and exhibit maps in this Study identify these areas where possible prescriptive rights exist." (c) In May 1972, the County Board of Supervisors directed` that a lawsuit be initiated alleging that certain parcels of real property within and adjacent to Upper Newport Bay are subject to pre scriptive rights and pursuant to that directive the above - entitled ,action was initiated by County "on behalf of the People of the Statol 2 VII L_J • BK 1 1376K 1637 1 of California" on July 14, 1972, naming the State., Irvine and 2 certain other private par Lies as defendants. 3 (d) Irvine, upon being served in this action, cross - 4 complained against the County and City for a refund of property 6 taxes paid on the affected parcels and against the County only for 6 inverse condemnation. 7 (e) The State, acting through the Attorney General, B acknowledged service of the County complaint herein and has had an 9 open extension of time in which to file an appropriate pleading. 10 (f) In 1974, the County and Mary C. Bayless, John 11 Connell, Michael J. Connell, individually and as trustees for the 12 Mary C. Bayless Trust, executed a Stipulation for Judgment Quieting 13 Title to Real Property whereby the County's title to a public 14 access easement was quieted as to a portion of the subject property 15 and the private parties' title was quieted in the entire parcel 16 subject to said casement. A judgment in conformity with said 17 stipulation was entered herein and was recorded on March 13, 1974, 18 in Hook 11093, pale 1811., Official Records of orange County. 19 (g) The interests of Defendants Stan -Shaw Corporation 20 and John F. Butler and Irene M. Butler no longer exist in any of 21 parcels of real property described in the complaint filed in the 22 above action by virtue of that certain reconveyance recorded in 23 Book , Pages et seq. of official Records of Orange 24 County, and all of those interests have now revested in Jack 25 Bovash and Katherine Bevash. 26 (h) During the pendency of this action, the State and 27 Irvine have been engaged in negotiations for the State's 28 acquisition of certain portions of the Upper Newport Bay area 79 having coastal we Lland habitat value, and resolution of this action 30 is a condition precedent to such public acquisition. 31 (i) The State. and County have independently reviewed the 32 factual situation giving rise to this action and based upon that 44SM.W9KA tllan 1 3 • • aK I ! 376rc 1 638 � 1 review have reached an agreement with Irvine and the City whereby 2 (i) the effect of the alleged prescriptive rights in parcels to be 3 purchased by the State has been reflected in the price to be paid 4 for such parcels by State to Irvine; (ii) Irvine will convey 5 certain parcels and grant certain casements to the State and City 6 in return for which; (iii) prescriptive rights claim to all other 7 parcels will be abandoned by State, County and City (except as 6 noted below); and (iv) this action shall be dismissed with preju- 9 dice (except as noted below). This settlement is more fully set 10 forth in Article 3 of that certain "Upper Newport Bay Settlement 11 Agreement" .recorded in Book , Page of Official Records 12 of Orange County, which is incorporated herein by this reference. 13 2. Therefore, in light of the foregoing, it is hereby 14 stipulated between all parties as follows: 15 (.a) With the exception of the interests affected 16 by the previous judgment entered herein, this entire action shall 17 be dismissed with prejudice as to the County and City as to all 16 parcels described in the above- entitled complaint or referred to 19 in said County "Upper Newport Bay Study of Public Rights and 20 Access" and County and City covenant not to bring a lawsuit al- 21 leging prescriptive rights over the areas generally described in 22 paragraph 1(b) hereof. 23 (b) With the exception of the interests affected 24 by the previous judgment . herein, this action shall also be dis- 25 missed with prejudice as to the State except that such dismissal 26 shall be without prejudice as to the property described as follows: 27 All those lands lying between the perimeter boundary 29 described in Exhibit 1 attached to the Upper Newport 29 Bay Sottlanent Agreement (recorded at Book , Pages 30 ct scq. of the records of the Orange County Recorder) and 31 that certain boundary line described in Orange County 32 Superior Court Decree No, 20436, Orange County v. Irvine mu+, M A corm � 4 I u • I I I 1376PC 1639 1 Company, recorded May 6, 1926, in book 651, page 72 of 2 Deeds, Orange County Records, being portions of Blocks 3 4, 5, 51, 52., 53, 55,. 56 and 57 of Irvine's Subdivision 4 as shown on map recorded in book 1, page 88, Miscellaneous 5 Record Maps, records of said County. 6 Excepting therefrom that portion which had heretofore 7 been occupied by the salt works under lease, license, or 8 other agreement, written or oral. 9 (c) This dismissal shall apply only to those 10 rights and interests of the public arising by virtue of the rule 11 set forth in the case of Gion v. City of Santa Cruz, 2 Cal.3d 29 12 (1970). 13 (d) The reference to Public Resources Code Section 14 6308 appearing on page 2, line 15 of the above - entitled complaint 15 is in error and is hereby stricken inasmuch as this action does 16 not involve any issue relating to the title or boundaries. of 17 soverign tide and submerged lands granted by the State to the 18 County. 19 (e) It is agreed that the State has only appeared 20 herein acting through the Attorney!General of the State on behalf 21 of the People. . 22 (f) In addition to the foregoing, it is understood 23 and agreed that this dismissal shall have no effect upon the 24 retained public trust easement for purposes of commerce, naviga- 25 tion and fisheries over the tidelands owned by Irvine pursuant 26 to Tidelands Patent No. 204. Nothing herein shall in any way 27 qualify or affect paragraph 2(c) of the Stipulation, however. 28 29 30 31 32 /// I" / • 1 2 3 4 5. 8 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 am". OUR I EMM aK 11376n 1644 (g) An order dismissing the above - entitled action in conformity with this Stipulation shall be entered in said action. DATED: - 1975 EVELLE J. YOUNGER, Attorney General By Attorney for State on behalf of People ADRIAN KUYPER, County Counsel By Attorney for County DENNIS O'NEIL, City Attorney Attorney for City GIBSON, DUNN 6 CRUTCHER By Attorneys for Irvine, Jack Bevash, . Katherine Bevash, Dover Shores Community Association ( RDER The above - entitle: case is dismissed in accordance with the provisions of the ;)regoing Stipulation and IT IS ORDERED that all parties he'i,to shall comply with the terms i of this Stipulation and Ord',:. 4 DATED: 1975 6 1 JUDGE or THE SUPERIOR O RT • • sK 11376Pc 1641 AMENDED IN ASSEMBLY MARCH 3, 1975 CAUFORNIA LECISLATURF- M54611ECULAa SESSION ASSEMBLY BILL No. 83 6 Introduced by Assemblyman Badham December 3, 1974 .. REFERRED TO COMW17EE ON RESOURCES AND LAND USE An act to amend Section 1 of Chapter 526, Statutes of 1919, and to reperd Chaster 20M Statuicv of 1957. relating, to eealegfeH4 reser«ee sovereign lands granted to the County of Orange in trust. LECLSLATIVE COUN'SEL'S DICFSr AB 83, as amended, Bach= (Res. & L.U.). Ecological reserves: state land in Orange County. Under eijsting law certain tidelands and submerged lands have been granted by the State of California to Orange j County upon certain. trust, zind ccnd t ns for Liei vise and I subseque�tivrorlcasof65er >nfedl � •s�nr a isredto be no lone r.,2 fa t tdel nd or u ` me d !rods rd O: age County tv.0 permuted under certain con&tions to convey such portions of land. C This bill would rcpesl the provisions ofiaw which dec!ored such lands to be no !onger tidelands orsubmerged limns a -2d which granted Gnm ;e Cour. :v tine an'Lon'n; as specd.,ed, to conveysuch landsand would pr oxide that sash ;ands may also be used for per>os: s of pub, c r ecraadon xnrl preservation in a natural state.and as an ecelcyical reserve egad The bill would permit the county to grant portions of the lands to the State Department of Fish and Game for e. ecological reserve EXHIBIT 13 2M9D IS � al 0 • AB 83 —2-- �t 1 1375?t 1542 purpo:31is and to the, City otiVeivport Reach forpubLic be :ich purlbses. The b:lt would further provide that if the depart- men t or the cityfi,.ils to ust; the lands for emr��;iexrl ri ve the specified purposes the lads shall revert to the county. Vote: majority. Appropriation: no. Fiscal committee: yes. State- mandated loco program: no.:. . .,. The people of the State of Cabforniz do enact as follows 1 SECI•ION 1. Section 1 of Cbapter 526, Statutes of 1919, 2 is amended to re•�d: 3 Saet-i,uit k- :- is 4< -ray e l is k]_c. Eeutt -y of 4 Section 1. There is hereby ted to the County of 5- Orange and to its successors di of the right, title and 6 interest of t_tx: State of California held by sud state by - 7 virtue of its sovcrci,,nty in and to all that portion of the 8 tidelands and submer ed & -7d5 -, whet, - er Famed or 9 unfilled, border,, up Newport and under ewport Bay in the 10 said County of Orange, which were outside of the 11 corporate L&nits of the City of Newport Beach, a 12 municimd corporation, on July 25, 1919, lie same to be 13 forever held by said county and by its successors = trust ' 14 for the uses and proposes and upon the express conditions 15 foliowing; to wrt- 16 (a) That said lands shall be used by said county and its 17 successors for purposes in which there is a general 18 statewide interest as follows 19 -= - (1) For the c st:blishment, inprovement and conduct 20 ofa public ,? arbor, and for the.can.,truction, maintenance 21 and operh!laen thereon of whrrles, docks, piers, sLDs, 22 quays, ways snd streets, and other utilities, s!yuctures and 23 appliances r. ocessary or convenient for the promotion or 24 accommcdalion of comralerce and navigation, provided 25 that any such use of w v portion of the rands clescribed in 26 subdiiision (a) of Section 2sha11 be psrmrtted only ifsuch 27 use is compatible and does not unreasonably interfere 28 with Lbe use of any portion of said fords for one of the 29 purposes set forth in parao°raph (3) ofsubdivrson (a) of 30 this section. 31 (2) For the establishment, improvement and conduct 2 83 30 17 C l Jcr u I ! 376P0 64'3 —3— AB 83 2 83 45 20 1 ofprrhlic bathin>& beaches, public marinas, public aquatic play,, ntrnrlsrurdsimilrrrrcrc :rliorr:r/lr LGliesoirerrluthe 3 gener.7.1 public, -ind for t w construction, recon>trtrction, 4 . repair, rna(nlen:ance anal operalion ofall works, buildirZs, 5 f.icilitics, utilities, structures and appli.mces incidental, 6 necessary or conven:rt for the promotion and 7 accommodation ofanysuela uses, prov ded thatanysuch 8 use of any portion of the lands described in subdivision 9 (a) of Section 2 shall be permitted only if such use is A. 10 compatible and does not turreasonablyinterfere if-ith the 11 use ofanyportionofsaldlvrds for one ofthepurposesset 12 forth in prragr. pn (3) of subdivision (a) of this section. • 13 14 - (3) For the preservation, maintenance and enharcoment of said lands in their natural state and the 15 reestablishment of the natural state of said lands so that 16 they may serve as ecological units for scientific study, as 17 open space and as environinents which proride food and 18 habitat for birds and marine life, and which favorably 19 affect the scenery and cbhi,,te of the area. 20 (b) Except as otherwise provided in this section, said ' 21 county, or its successors shall not, at any time, ,rant, 22 conve }; give or alienate said ki rids, or anypart thereof, to 23 any individual, firm, or corporation for any purposes 24 whatever; provided, thats.- dcountyoritssuccessorsmay 23 grant franchises thereon few a period not exceeding.50 26 years for we. rues and otdrer public uses and purposes, 27 and ms_v lease said lands or an v part thereof for a period 28 not exceeding; 30 years for purposes cons "stent with the • r i 29 . trust. u )on which said lines are held by the State of 30 California, and TO'th the uses specified -^ tfa "s section. 31 (c) Sa_%d lands shsil be improved is-it:iout e. terse to 32 the state; provided, however, that nothing contpaned in 33 this act shall preclude e.r;en ur.-s for the development 34 ofsaid lands for any public purpose not inconsistent with 35 commerce, nav grata on and fishery, qy t.7e state, or any 36 board, ar,errcy or commussion tinereof, nor by the county 37 of any funds received for such purpose from the state. or 38 any board, agency or corrunission thereof. �. 39 (d) In the management, conduct, operation and 40 control of said lands or any improvements, betterments, 2 83 45 20 LI 0 aK 11376 i 644 AB 83 _ 4 1 or structures thereon, the county or its successors shaD 2 " make no discrimination in rates, tolls or charges for any 3 use or service in connection therewith- right to use 4 (e) The ,S't:rte of Gi,lifornia sll-dl have the ri„ 5 without Charge :rny Transportation, kwding or sfo�ge 6 improvements, betterments or structures constructed 7 upon said /ands for any vessel or other ivatercr:�ft or 8 railroad owned or operated by the State of L•alihornia. 9 (19 There is hcre%v reserved to the people Of the State 10 of California the right to Fish in the waters on said /ands ai 11' with the right of convenrCntaccOss Sid ` l eovcr subject o to 12 lands for said i id purpose, sshieh „ oS S 13 such rules and regulations as are necessary for the 14 accomplishment of the uses specified ill subdivision (a) of 13 this section - 16 (g) There is hereby e.rcepted and reserved in the 17 . State of California all deposits of rzzurerals, including oil 18.. and gas, in c,7id lands, and to the State of California, the 19 right to prospect fo , mine, and remove sc7c:� deposits 20 front said lands. . 21 (h) Within S0 days of the c- ffective date of this statute, 22 the countyshallgrant to the State ofCalifbrr a, acting by 23 and through the State L.i7nds Commission, such portions 24 of said lands as are located within the parcel ofproperty 23 described in saL'diVJsion (7) of Sactio.rr 2, for the 26 esLabli's.'uiscnrt, :rid improti ,nlent ;zr;u cc., of an 27 ecological rescri•c; pros7ded, however, t7ratifra ary time 28 the Department of Fish and Cam -- DO lonSer "s t. such 29 portions of the lands so orvrtcd by the county to the State 30 Lands Cornmissio:r for such a purpose the lands so 31 granted shell revert to the county to be held pursuant to 32 the provisions of thus grant. Forthwith upon receipt of 33 such a grant from t,:e county to the State Lands 34 Commission, the .State Lands Commission shall lease the 33 /ands so granted to the Department of Fish aird Came - 36 The public benefit shall be the sole consideration to be 37 received by the State Lands Commission from the 38 Department of Fish and Came for said /ease• An'V and all 39 income received by the Deparb-nent of F-Ysh and C 40 from the lands so leased all be only lyiinr cor:17ection 2 83 53 'Z r C- 1 e r, 'Z r C- 1 e 2 a3 90 29 6.1...1376 ?c 1645 —5— AB 83 T with the department's improvement and administration 2 of the le.,sed L,nds. Eor purposes of this subdivision, the 3 terra ecological reserve me,,ms the dodnition Fnven to the 4 term in Sections 1550 to 13�r1, inclusive, of the Fish and : 5 Came Code. . . , ... ,.. . .._ . 6 .`• (i) The county may grant to the City of Newport 7 -Roach, a rnunicipal corporatior., 1b.7t.portion ofsaid lands 8 which are described in sub&r sion (b) of Section 2 9 (presently Lnouvn as North Star Beach) for the 10 estribli.shrnent, and improvement and conduct ofa public. 11 beach and related public facilltries; pros -ded, however, 12 that if at any time Me City of Nei ort Beach no longer ,13 uses said port: on of s. d lands so granted by the county to 14 the city ofiVewport Reach for such a purpose the lands' 15 . so granted shall revert to the county to be held pursuant 16 to the provisions of this grant. the use of any lands 17 conveyed by the county pursuant to the provisions of this 18 subdivision shall be compatible and not unreasonably .19 inter, re vyith .vry use of adjacent lands in accordance 20 with para ;7aph (3) ofsubdivision (a) and subda"yision (h) 21 of this section. 22 (j) The provisions of Section 63,59 of the Public 23 Resourees Code shall not be applicable' to this 24 amendment of the grant to the county. 23 (k)- 7h "e county sh..11 cause to he made and filed with 26 the State Lands Division, annually, a detailed statement 27 ofreccipts and expenditures livit ofall rents, revenues, 28 icsu -s and profits in arty manner hereafter arising from • 29 the �,a mtoc; :arcts cr any improv errents, bettermem's or 30 str-ueturcrs t`erecn. The Dena: t:-re..t ofr-Ish erd Came 31 and Citv cr'.Volvaort 13each, L,2 liou of the county, shall 32 make such statements as to any lands conveyed to said �. 33 department and city-pursuant to subdivisions (h) and N 34 of this section. 35 (1) The provisions of.Public P,esources Code Sections 36 6701 to 61-06, inclusive, shall be applicable to this section. 37 SEC. 2. The land described in Section I includes the 38 followina- C 39 (a) ALt that certain Land, partly in the City of Newport 40 Beach, all in the County of Orange, State of California, 2 a3 90 29 oA i 1 j ta; A 646 AB 83 _g_ _ Y 1 being : Lots l .wd 2 ofSection 23, Lot I ofSection 25, Lots 2� 1 and 2 of Section 26 all to 1 owrnsliip 6 South, Range 10 3 West, Sari Bernardino A fori(Lui, accordhig to the official 4 plat ofsaid Lord as shown on a nurp recorded in Book 3, 5 page 7 of Ali oll:neous Maps, records of.said County; 6- Tidclvid Patent No. 2trl, frorn Lhe .State of California 7 recorded .July 19, I XY7 in Book 1, page 24.5 of Patents, y 8. records ofs:ud County; Portions of Blocks 4, 5, 51, 52, 53, 9. 55, 56 and 57 of Irvine's Subdivision, as per map filed in 10 Book 1, pa,fie 88, A- fixcllancous Record alzps, records of 11 said Count}; mchrded t+ thin the following described 12 boundary and any otllerland olvned by grantor included 13 within said bound;uy 14 Dopi nhij at the Northeast corner ofLot 12, Tract No. 13 424.1, as shown on.,? rnapfiled in Book 157, pages 1 throu,vh 16 14, Miscellaneous ,if os, records ofsaid Change County; 17 thence along the boundary of said1'ract the following 18 described courses: 19 :1..South 36 °37' 10' Fast 11£.99 feet; 20 ff ' South 21'22" 02' Fast ?.6844 feet; 21 3. South 13° a5' 01 ' E -ast 103.13 feat; 22 :. 4 South 4° 18'2J' E.,Lst 214.74 feet; 23 ..5. South 40 38'29 ' East 15028 feet; ` 24 6. South 20° 2-2'24' EL st 193:47 feet; .:. 25 -. 7 Sout r3° 05' 03' Chest S°53 feet; 26 8. South 23 °28' 09' TWest 87.2.3 feet; 27 9. Sout12 33° 2?.' C6° I'lest 27221 feet; '! 28 10. South 26° 11'31 ' U"esr .'Zj2. 9 feet; 29. ::.: 11.- South 24 °2.1' 07' Itlest IE0.24 far 30 12 South 2?° 36' M i lest 160:31 faet; -31 13. South 9° 2S` 14' West 307,32 feet; 32 14. Soutl! 10° 19',3,9' West 116.92 feet; 33 15. South 0' 11' 19' Cast 81.39 feet; 34 16. South 11 °31'25' East €-9.01 feet; 33 17. South ?I' 4,' a3' East 16261 feet; 36 18 South 12° 0'06' East 60.02 feet to the Southeast 31 corner Lot -?S, said D-act i o. 4221; Mence leaving 38 said boundary; 39 19. North 77 33' 39' Last 8•,.32 feet, thence 40 20. South 46' 35' 28' East 5093 feet; thence \... 8d7Iw 31 2 Ea 110 33 It 1 1376'c 1647 -7- AS 83 1 '21. South 77" 44'+0'7' Fast 20 51 feet; thence 2 24- North 84° 4,9'20' E;.,st 5.3.23 loy t; thence 3 23. South 4724'48' E 59:71 feet to the interseck "on 4 -:: -- with a line that is at right angles to the 5 ' ` Northeasterly line of Lot 54, said. Tract No. 42?4 6 and passes through the Northwesterly comer of 7 said Lot .'; thence 8 24. South 20" lkY'29' Evst 205.14 feet along said Line to .9 said Northwesterly comer; thence along the t 10 hound. ,iry of said 'Tract No. 40-94 the following i 11 described courses: 12 25: North 694 51 ' 31 ' Fast 130.00 feet; y 13 26. South 18' 07' 35` Eut 155 R? feet; 14 .27 South 7',73'&?' West 122.82 feet; • 15 16 25. 219, S'oud; a 25' N' tVest 137;51eet- South j6° 24' a5' West 59,89 feet; 17 30. South �4' 05' 3,5' West 127:86 feet - 18 -31. South 440 44' 03' PVcst 117. CO feet; " 19 '32. South 390 -M' (0' West 216.76 feet; 20 :: 33. South 34° 18' 41 " West 162.79 feet; 21 34. South 11&26' 49' Fast 917.42 feet; 22 J5 South 52'53' fU' East 21Rs3 feet; 23. .36. South 2,T W,' 02' hest 1x2.56 Fret; 24 37 South 20' 31' 44' East 5910 feet; 23 38..So ylh 2-10 30' 0.8' F; st F {I 3,i feet; 26 39, South 33'05'39' Fast 2U1.70 feet; 27 40 South 18° 18'?a' i-'lest 213. "2 feet; i 28 41. South 9'51'31- W`cst 2}5.00 feet; 29 42. South F'° 21' 51' 'West 20M feet to the • 30 Southwesterly corner of Lot SO, said Tract No: 31 4221; thence lea vin,; said boundarl; 32 443. South 17" t,'8' 2j' :%st 105591 f et; thence 33 44. South 50°25'57' West °52.1,`9,eet; thence 34 45. South 41 0,321,54 ' Y'lest 446.::9 feet; thence 35 46. South 31' 18'49' West 1-10.46 feet; thence 36 47 South 9' 30' 24' West 211.91 feet; thence 37 48. South 0°40'50' I3%st30..71 feet to Station No. 110 �_. 38 of the Ordinary Kgb Tide Line as described in 39 the final decree entered in Case No. 20430 40 Supenor Court of said Orange County, said 2 Ea 110 33 0 0 III 1376?c 164 AB &3 1 Station bciR,- an angle point in the boundary of 2 said Tract No. -.falz�; thence 49. South 1- 53- CLJ- E-,,ut 122.43 feet along said .3 'A Or&najy1b'11r1j Tide Line and boundary to Station I- 5 No. III of said Ordinary High Tide Line, thence 6 le, -ivLrj,7 said Line and boundary 7 50. East a 100.00kot; thence 8 51. South /' 43' 45' West 793.21 feet; thence 9 52. South 424.00 feet; thence 10 53. East 563.00 feet; thence '11 54. North .300 CO' CO' E?st 492-00 feet, more or less to 12 the most Nor±herly line of the "Boat Launching 13 Area "desaribedi]7 a le;i5e recorded in Book 7640, 14 Page 2-9J. s;&] Olj'ivial I?ecor&-; thence 15 5j. North 82'J7*X',E7st 75.01eptrpore orless, along 16 said Northerly Aric to Station No. 257 of said 17' Ordinary High 71*0`61 Line; thence 18 56. South 2P 13' 27' Is st 3:9.00 feet along said Ordinary High T,do Line to d.,e Northwesterly .19 20 termhMS of ihzit certoiu 3;^60 I-ot st�,,.? of 1.2nd 21 described in a deed to the County of Oraq,<,,e for 22 Back Bay Drive, formerly Bayside Drive, 23 recorded izi Book 42&5, pkge.V6. OjilciJ- Records 24 of said Orange County; therce 25 57. North 669 17' .51 " E-ist 635 feet along said 26 North westerly te,-=Zzas to a point 012 the 27 - Southwesterl -J i, D v , yr,?,.rjtof;vq�,Ld.cofL?ackL - ri a 28 formerly Falisad&s Poad, -19.0 feet i;4da, as 29 described in a deed to the County of Or.--mg-e-, 30 recorded in Book 107, p:i,e 269, so-;d Oh'j'cial 31 Records, said point bein 'v tij e- b N_gihning of a c Un,- 32 concave Easterly and having d radius of 2W..00 33 feet, a radial to stud point bears South 66'1751' 34 West; thence v?id r.,gbt of way line the 35 following described courses: 36 58. Northerly 14'1'.67i`ect along said curve through an 37 angle of 38° 30' 40'; 38 59. North 11* 48, 31 ' East 93.81 feet; 39 60. Alorthe.isterly 1,51 19 feet alonLx a,330-00 foot radius 40 curve that is concave Southeasterly through an 183 12S 36 8K 11376?t 1649 283 M 38 -9- ABM 1 anr;le of 28° 6F 40 2 61. North •L' 57'11 123.69 fee. t: 3 62. Northeasterly 6'.8'2 feet ulo;r� a 22000 foot radius 4 curve that iv concave Soutb e :isterly through an 5 anrh, of 6 63. North ,59 °50' 01 " A :ta S %° P3 belt; 7 64. Norther rsterly151- 5(5feotalonrra?30.CV foot curve 8 tharesconcaverUerL'nvesreriz throughan angle of 9 37° 4,5'207 m 10 65. North 22' 44' 41 ' Fast 8.49 feet: 11 66. Northeasterly 374 .10 feet alonga370.00 foot radius 12 curve that is concave Southeasterly through an 13 angle 57.55' 48': 14 67. North FO° 00m 29' East 97.75 feet: 15 68 L•:ist°rfy 174.&3 feet along; n 1980.00 foot radius 16 curie that is concave r`iortherly through an angle 18 6.9. North 7 -1 °36`5.1' L ;st 11634 feet: 19 70. 119 .541eet,- .1nnt;a330mCO foot radius 20 curve that is concave Northwesterly through an 21 angle of 20° 45' 20': 2? 71. North 5:t° Il' 31' East 213.69 feet: 23 •72 Northc-,sterly Vii2M f e:t alonf; a 230.00 foot radius 24 " curve L. ,at m concave AortJn<resterly through a 2 25 angle of ?3* 02m 30 ": 26 73. AmorM 31' 09' 01 " East 3797 feet.• 27 74. 1\'ortfi easterly 124.65lee alorga620.00 foot radius 28 curve that is cone ve Southeasterly through an 29 angle of 11 ° 31 ' 10': 30 75. Abrth -4,20 40' 11 ' F<st 19m36 feet,- 31 76. 7cu6J foot radm•us • 32 'curve t:7at s concave N rry =LestC'- Y G5rottgh an �. 33 34 77. angle of 13° 15' 20': North 2✓r °24-51 - l •tst 110.51 feet: 35 78. North easterly JWm 5feetalonga U0. CO foot radius 36 curve that is concave Southe ?sterly through an 37 angle of 44° 58' 40 "; 38 79. North 74'2i'31'East 71.,57 feet: 39 80. Nortl.easterly131.S5 feet alorg a 180.001ootradius C 40 curve that is concave Northwesterly through an 283 M 38 i AB 83 —10 1 angle of 41 -,w 10' �.. �.. 2 81. North 3 : ?" 29'21 ' .Ca.o 93 ;0 feet; 3 ...:...$ ?. Northca. rl cr1y13: 1 .7, :fectulnnga5�O.G�Ifootradius 4 . : :: curve that is concave N.OrthIVOsterly through an 5 angle of 6 83. North 180 37'11 ' Fast 191.57 feet; 7 84. Northerly IC0.95 feet along a R30 6V foot radius 8 curve that is concave H'esterly through an angle l 9 .of lB° tu, 2a "= 10 85. North 20 31'51'Eut11297feet; 11 12 86. Northerly 171.E0 feet Mon„ a 459..00 foot radius that lS Westerly through curve concave an angle 13 ': of 20 °31'10; 14 87 North 1r,59'19' West 10, .,V feet; 15 ...88. Nor~ hwestetly 2.19.4•ef feet along a '210.00 foot radius curve timt is concave Southwesterly 17 throrkyl art angle of 21 ° � ' ..0 ; 18 89. North 3P039'591 t ✓esl' 30.,`�t feel, 19 Norturvestarl), �- 9..18 feet alozkr a. x,0.0:9 foot ,..,90. 20 radius curve that is concave SouthvIesterly 21 tlzr011gh ail angle of G° 39' 50'. `- 22 91. NOrth £.-J° 19'49' Vr, t 2w ".75 feet; 23 92 Northwesterly 165.34' feet along a .91009 foot 24 radius curve that is concave Northeasterly 25 tllror nli .sn ant.'e of 26 93. NOri12 14, 1X-.5' 49' West -229 feat; _ 27 .94. Nort "^ easte:1y10 012 aet;Jon. a 70.C-L? fOotradlus A i 28 curve that is ccac --ve SOUtre ctcriy lhrounh as :k 29 angle of 84° 53' "Lest 30 95. 11A'ortli 69° 5n' 51 64.37 feet; 31 96. Northersterlyll'7.!'lfeet&lOragalEO,COfcotradius 32 curve that is concave Northwesterly dm -ough an ' . 33 antOle of ji5 ZY' CO 34 97. North 13-34`51 ' East 0,531 fact; 35 98. Northerly 35732 faF•t along a 360.00 foot radius 36 curve that is con cawe Gesterly through an angle 37 of 5723' CO l- 38 99. North 41048'C9' West ?1.47 feet; 39 100. North westerly .9932 feet along a 220. 00 foot radius .: . 40 curve that is concave T "Ortheastcd), throgg a an .. 2 83 155 42 j /'cr BC 11376aur 1651 2 83170 45 —11— AB 83 °52'00 • 1 i171f110 of?j 2 k 101. North 1,5'56'09' Brest 189 feet; 3 162. Northwesterly 165.17 feet along a 580.00 foot 4 :. radius, curve that is concave Southwesterly 5 ' .''.: through art arJ ; le 16° 19' 0',• _: ....6 103. North 30* 15' 0:7' Wost ,35. feet; T' : "104. Nor1hlvester1y ,1),7.77fuetalong,a 1M. 00 fbot ra dj'us 8 curve thst is concave S•vuthwest(.'rly through an s: 9 arJ „lc ofll °11'10; 10 165. North 43° 26' 19' West 1.43.40 feet; 11 106, Northerly 36.3.?I feet along a 3'/•000 foot rayius 12 curve that is concave Easterly through an angle of 13 55° 0' 20 14 107 !Vor•th 12',:9' 01 ' East 2- .19 feet, 15 107 Northerly 2P21'j'9 feet !ong a 1780,0 foot radius 16 ..:...:,:. err ve that is concave Westerly through an angle 17 of 9'25'40', 18 109, North 30 13,21 ' East 14.17 feet; 19 : 110.. Northerly '?n3.3.3 feet along a 15'20.00 foot radius C20 .. -. curve tnatis concave Easterly through an angle of 21 9° 14' 10 - 22 111. I'ortlJ 12'27'31' East 2716 feet; 23 11Z itlurtherly.2.31 :73 feet idon„ a 1150.03 foot radius 24 curve that is concave I- Veslerly throu;h an•angle 25 :: of 11 ° 2..9' 40; 26 113. North 00.57'51 ' East 8.:33 feet; 27 .114, Northerl)- 191.78 fret along a 620.00 foot radius 28 ` ;: :.: eurtie thatis concave Easterly through an angle of :. 29 :. 18” 00 00;, 30 115...E north 18',37'51 ' r• 5t ,"0,7--f feet;. 31 116 IJvri1,E� terlyl %1i.0lf�etalnr.,;s1�O.GOfcotra� its 32 curve tr..st is concave South6psterly through an 33 angle of 61'57' 00',- 34 117 North &7* 54' 51' East 78.43 fee 35 118, Uortheasterly127 .39feetalonga IM. 00 foot radius 36 curve th.7t is concave jVorth- westerly through an 37 angle of 40° 33' R) ; 38 119 North A?° 21',51 ' East ✓7..9.9 feet; C 39 120, . Northeasterly 18474 feet along ,7 1520.00 foot 40 radilis curve that is concave Southeasterly 2 83170 45 1376p� AB 83 —12— I tbrot.,,cJj an ;1n; le of 6° 57 '19 2 121. North 50° 19' 41 ' Eist 31.5-0 feet; .3 .122. Nortb , :storly 218.9- 2 feet along a 1,P."O.00 foot 4 radius. curve th.,.it is concave Northwesterly 5 through an angle of 84 1,13' 30-- 6 123. Norlh 41 °51 - 11' East 4463- feet; 7. -124 Northeasterly 194136 f(,--t along a 1290.00 foot 8 radius curve that is concave Southeasterly 9 through an angle of 9* 07' 40"- 10 125. North 300 jS' 5 1 ' East 65.39 feet, • • 11 .126- Northeasterly 30r).11:i feel along a 1780110 foot radius- curve that is concave Northwesterly 13 throuA an angle.? of 9'j9'300,_ 14 127 North 41' 19, 21 0 East 3.3.58 feet; 15 428.. Nortbe.islerly L;1.76 Icetalon a 3,9200 foot radius 16 curie that is conawe Nortbivesterly through an angle -2 -- of 2.3'16 �O 18 129 �Ic Aortb 18- 02'51 'East 42- 03 feet; 19 130- Xortberlv 2.16.&5 feet along a SM.00 foot radius 20 curve that is concave Westerly through an angle 21 of .-?I* 25'30�1- 22 131. North 3'22',39' West 307.63 feet; 23 132. Northerly 25524 feet along a 3210.6) foot radius 24:." can e that is conca tie Easterly through an angle of 25 39'31.30'- • 26 133. Norlh 360 113 51 ' East , °109 feet; 27 134. lad jus 28. curve that is concave Souh.eastoily through an 29 angle of 44° 26' 49' ' - 30 135 North 60'a5'31 ' Aast 6.-28.42 feet; 31 136. Easterly 2S9.58 feet along a 920.(A7 foot radius 32 came that is concave Southerly through an angle 33 of 51*51' coo ' - 34 137 South 47* 33'29' East 3.72 feet; 33 138. Southeasterly 115 09 feel alonga 35.5.00 foot radius 36 curve that is concave A' rtheasterl 0 y through an 37 angle of 16' 34' SO 38 139 South th 660 07, 59' East 3 7j..0 feet; 39 140. Easterly 209.08 feet along a 76'0.00 foot radYns 40 curve that is concave Northerly through an angle 2 83 180 4T 0 • 2.83 190 49 11376RC 1653 -13— AB 83 C °21'30; 1 ofl5 2 141. Soudh8l °?9' 9'E.- ist241.76fc•<,t; 6 142. Easterly 20,79 feet -Von!T a foot radius - 4 curve that is concave Northerly through :in angle 5 of12°11'CO; 6 143. North F6° 19'31 ' East .5706 foot; 7 ...1441 .East.^. rly 95.37fcet ,along : r 260. 00 foot radius curve 8 that is concave: Southerly through an angle of 21° 9 01' 0011.• 10 145 South 72°39'29' 1 •tst 70.33 poet; i . 11 146. L:uttrly JOYIS feet along a 13d'O.00 foot radius 12 curve that is concave Northerly through an angle 13 of 4° 29' 30'• 14 147 South 77° O8',59 ' Edst 18002 fect; 15 149. Eastorl},96.09 fee t.- doriga2 0,CIOtootradiuscurve 16 that is concave Northerly through an angle of 25° 17 01'320 to the Weste:•ly ierrninus of that certain 18 60.0 0 foot strip of land described in Parcel 2 in a 19 deed to the City ofAekPort Beach recorded in 20 Book -10,000, page 591, said Official Records; 21 thence 22 .149 North 16" 56' 34' West 19.71 feet along said - 23 Westerly terminus to the Aortherly line of said 24 - strip said Northerly line beinL a curse concave 23 Soutlrorly and h. ?vin- a radius •180.03 feet; thence 26 frolrr a tangent that bears North 73° 03' 26•' East- 27 1.50. Easterly 553.25 f- ?el- along said curve through an 28 - =:• aDde of 66-02'.20' to the beq inning of a reverse 29 curve concave Aortlterly and havin. g a radius of 30 25. CIO feet heir.,; tfse Noe ertv Sri e of P.,rcel 3.-is 31 described in s:-id deed; G:ence 32 151. F_asteily 179.6 feet s.l�jr. g said curve through an C 33 -. angle of 71 °24' 49' to the beoi,?ning of reverse 34 curve concave 5outhei2s_erly and having a radius 35 of 842.00 feet being the A'orth:westerly line of 36 Parcel I as described in said deed• thence along 37 said Northwesterly Zinc the follm dng described 38 courses: C 39 152 Northeasterly 9616 feet along said curve through 40 an angle of 6° 32' 37 ;- 2.83 190 49 ,/ y, 0 —14— it 1 1376 ?c 1654 I 153. North 740 14'34' list 93.02 fcset; 2 151. Nortlicrtslcrl),47,11.11feet: don,,>a753.G10 foot mdius 3 'can--e that is concave t\torti2wast: .,rly through an 4 angle of 36`09-,52 5 155.. North 38' 01' 1L" 1' -ist 159. 60 feet; 6 '. 156. Nor!hc. ,istvrlv;547Slfee,;L'On t °.<4.CO foot r:Zdtus 7 8 9. 10 1.1 12 .13 .: 14 15 16 17 18 19- 20 22 23 . 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 curve that is concave .5'outhcssterly through an angle of 37 1j ' 23" to the beinning of a reverse curve corJc.we Northcvesterlyrrnd h:rr-ln,rra radius' of 65.00 fey t, the Northerly terrmbus ofsaid curve ben,- tau.. cnt to :7 line that parallel ii 4th and F. 2 CO feet Westorlr of the centerline ofjamboree Road, 10.GO fcot wide, :u dcscrihe:l in a deed to the County of'(.?r. -mI c r(?cord(�1 in Boo:"- 4110, page 10, Oflra'+111;.cC,Ords el s,-: d Gonnty; thence. 1571 Northe::storlr 2n.03 feet, more or less, along said curve throll,nh .viii angle of 67 01' 22' to said parallel hue: thence 153 YYOrlh 6" d,3"East 114.47feet. t:longsaid parallel line, to the Southerly lerminus of the Westerly right of line OfJwnboree Road, 132.00 feet ;,,7d; as dt,scribed m a deed to Me City of Newport 13r•ach recorded in Book. 6138, page 155, said OfId-c.,al Records; th,oma alagr ,,­ said n� ht of way line being a curve concave b ?esterly and having a radius of 2331.00 and being tangent to :said Parall: J line: thence 159. Nnrthcrlr; fe(rtaiornI,; said curve th.roggb an Onfj`h?of7 °1, ' 53' to. t th&rec'r?11,strsjCO -a0 feet Soat wrly of th a Nor.')5 rlf, terra-bias of said curve; tncn_ :.& non- bngtont A C 160. South &'20'16x Guest 50- -�O feet; thence 161. North 31 ° ';�)' 00" 6✓cst 338.73 leer thence 162. North 680 '0,16" East COS. 78 feet to the be,,inning l of curve cnnrave Southerly Fwd having a radius of 380VA9 lc`et; thence 163. Easterly 124.57 feet along said curie through an angle of 1',52' 33" to said Westerly right of way line; thence 164 North 6'18'34" Direst 41616 feet along said line to 2 83 205 52 sx 1 1376PC 1655 -15 AB 83 C1 the her inning of:r curve thorc•in cor7r.,I ve 1 tsterly 2 and havioa :r r:rr?rrrs' of 1fr':;!i.(V foot: thorev 3% 165. 1's'ord:crly.Z.' 711i :ctulnn;=.ra dcurrr•:rnc!1i,:ht of 4 way AXx tliror {alr an ;rug le of 12" 0, 49' to the 5 Southor /y line of the h-trd d. rc•ril-ed in :r dood to 6 tl:e lVe:vcort Harbor Gnron flinh School District 7 recorded in Book 7.578, page 670, said Official 8 ':Records; thence 9 166. North 84* 10' •!5' West 1.:•1.76 feet along, said 10 Southerly line to the Geginmz :t ofa curve therein t 11 concave Southurly and having a radius of2CW.W 12 "feet; thence 13 167. q'Od,;ferly 618.97 feet alone said curve and 14 Southt:rly line throw -h ,z =r, rrsdo of 17' 13' 56 15 thence le.avir,..s;iid Ane non - tangent 16 1C8. South 5i" 44' 19' .vest 1, 31 :-•0t; thence • 17 18 1W. 170. ,South 61'51%54 Wa•: :t 161.27 feet: thence S'or;th G41 S5'17' OFest 181.& feet; thence 19 171. South 6759' S5' Wert 381.32 feet; thence 20 ,21 172" 173.' South % 12' 12' Nest 102 c`4 foot; thence Soutlr 12 °.'8' CO' YWest &.., 6 fact; thence 22 174 South 3.c>° 14'15' Y, "eat IIts20 fe:•t; ti)ence 23 175 South 2T, 3v' •;i1 ' West 8'7.19 feel; thence 24 176.' South 10° 18'17' hest ICS. ?.1 fc!et: t, ^once 25 1 ..Sculh 69' C6' thence ' 26 178 Sotilti 1957' 02' YWe:,t I15.7t le:-F: thence 27 1 7-9d Sout,i; v>' 3j',57- West 51.11 feet; b "Nonce 28 189. South 65°26'5 ?' I;Icst6?.J2feat; thence 29 181. South 84',aV CO' 6'r'cs: 1 -1214 re:t; thence 30 18? NorLh 70'40'037' West 61.60 feet; thence 31 1&7. North (;=4 °55'3:' :Yost 1, 3.u? <ret: t;ieace 32 184. North 74','0' 41' 4 -st .3 ?8 f ut; thence 33 185d Acrth 83' -lO' 51 ' VI -,ut 119.91 .`aei; i,:erce C 34 186. North 39° 13' 32' YYest 31.0 feet; tr_ence 35 157. North 6602T3,1' 'West 147.,313 t %fence 36 188 No: th 57 47' X 0 6West 6X. -12 IL- e t; th ence 37 189. North 65° 24' 57' 'rLost 21950 feet; thence 38 150. North 55' o%' Cf' West 17(581 I'c'l; thence 39 191. North 71028'33' West 14011 feet; thence 40 192 North 6-1° 33' CO' Kest 91.92 feet; thence 2 e3 'x15 w 0 • 2 83 230 . 61 sx.l 1376pe 1 656 AB 83 1 193. North 17;457'500 WW/est 461.50 f-et - thence \.. 2 194, North L?? X' 12' Most la!19 fuel; thence 3 19,5. South J7 °5.1'3.9' MMr ,t 20. ;9frot thonoo 4 19t;..S,ruth NO- -A';'.J:V" IV(, ,a 1:21.(. "Nr'lwt: th, ucr. 5 197. North iy'i" i ' ` " W'i .tt 1 •L'1,:5 i 6 196. North ,ti'w "27' 21' Wost thence 7 190 North 69 °45'06' Wbst239 40feet to a pomtin that C� 8 " • certain 2050.00 foot radius curve in the 9 Southeasterly boundjry ofParce11021 described 10 in a deed to the Orange County flood Control 11 District recorded in Book 5906, pave 516, said 12 Oflici. -1 Records, said curve being concave 13 . _ Norti,er y, a radial to said pout bears South P -2*50' 14 23' East; thence ' 15 200. Westerly 2+619 fcet along said curve through an 16 angle of 6040'50' to tho Westerly terminus ofsaid 17 curve; thence 18 201. Souh173"50'?7' West 39-f.32 feet con tin uingalong 19 _.. said boundary; thence _ 26 202 - North 16' 09',33 - M tst 99. 52, feet; thence 21 267. South 7 s" ,17' 43" Mesr 257.55 fei�I; thence 22 201 _ :South 82° 50' Via' West 136.64 feet; thence 23 265. South 690o'180 We. t 7..19 feet; thence 24 206. South O' 15' 27' M•Pest 170.72 feet; thence 25 207 South 2,5012,04, W most 16.97 feet; thence 26 208. South C2 *'19' 51 ' West 417.78 feet; thence 27 209. South 36° 43'20' Wrest 19409 feet; thence 28 210. South 2" 53' ,�2' TY--st 307.39 feat; thence 29 211. South 14'54-'39' Wiest �,O.O!L -ct; thence 30 212 South 6,`51' 09' WVest '•1.65 feet; thence 31 213. South 3 °34'35' WW'est .0 37feet• thence 32 214. South 626'13' East "4.12 feet; thence 33 215. South 30 07' 10' ,East 2290 feet; thence 34 216. South 1'08'120 East 125, 02 feet; thence 35 217: South 7° 42'56-' Miiest 1j6.410 feet; thence 36 218. South 23° 11'550 West 197.20 feet; thence 37 219. South 24° 54'j6' Wost &Y..45 feet; thence 38 220. South 25° 44'03' Wriest 2;31.16 feet; thence 39 221. Sou1h33'17'43'Wt'est3 6.82feettoapointMati's 40 North 21'01'190 West 9733 feet from Station No, l 2 83 230 . 61 H 1 1 J (b ?G 155-7 2 83 2W 63 —17— AB 83 1 76 of s, -drf Ordin.lr)• Il. c;ll T idtr l ine as .-hun bed in 2 said linarl dcrro,..7bove n l:;rred to; flmwre 3 ?1°2 . Sorrtl r21 *01'19'Litst97.5-)1cetto said St lion No. 4 ' 76: thence 5 223. South 0' 2.1' 5?' West ti1o111 fuz :-t ,Mond said 6 Onlirmr),Hirh 77dc I.bxtoSt.ltionldu. 77thvreof,- 7 thcncr 8 224. South 31 ° 37' 12' Last 430.16 feet ?]on, said 9 Ordinary h Tide Line, thr:+icc 10 ��Hi 225. South 459 0, 00, West 131.91 feet to the 11 _ . Nortlicasterly Line ofLot 11 ofs dd Tract islo. 4224; 12 thence 13 226. South 64° 55' 53' East S0.37 feet alone said 14 Northeasterly hrJe to the Northeasterly corner of 15 Lot 19, said Trcct No. 124 wid the point of 16 hL'IlrJln '. 17 _ (b) A prr.rrrl ofland in Uppor Newport B.?y adjacent 18 to Block 53, Irvine's S'rr:drrisivrJ, uJ fbe City of Newport 19 Beach, Count y of Orange, State o'C.,Mornia, as per map C20 Rled in Book 1, page P8, ;lfisc-- Ameovs Maps, records of 21 said county being bonjided as fo.11os:s: 22 Bounded on the north and norib west by the westerly 93 boundary Zinc of the lands granted in trust to the County 24 of Oran 'i, pursuant to Clspiz: a: %'t% Sth-: sites of 1919, 25 Bounded on the southwest by the northe:l.stcrly line of 26 North St:7r Larlp as sh o war on the !u: o of Trwt •1 :4 f'✓ed 27 in Book 1,57, page 1, Miscellaneous jifaps, records of said 28 county. 29 Bounded on the east and soutl east by that certain 30 parcel described in stJhd vision (a) of Sec on 2 31 SEC. 3, Clhwler 201-;' of d2e Statutes of 1957 is- 32 repealed. ' 33 Qfftftg w-d ? � i=g a4i 4 4!-e ,- a.Gb.1:. t-r:i0 frn4 34 ix4ef&4 of 4,e ,R-Ae of :field 45� S-e: Ed st -ta*e 35 Loy 44t:-ft of tare 36 ' elat3d-.i rtt-4 ti sera m-A 37 tttztk-.r ? -iy i-t 38 are etW.i.4e cif tote eerr; .r fie r»_ ={ s r �Zi• @y r+ �. 39 $erteli; Er r =4t#t:�i�:i� er��rr.'- ri- i:;�r, t -re ml--na za #'art'•ve-p 40 heW 13+f 54t±4 e&e -ity tttit: t�9 in !-t u 4 f$P is e 2 83 2W 63 • • 8111376?c 1658, AB 83 —18— 1 tt5e9 ttwl p-.rPeA-el (+7t4 t-p Ott the oq"eto 2 to vw�l.t V +a* F-i:-d I:Wttb I)e +?rc-(I by, -f,44 efffl bzi 49 4 fac? 07�-• 6* er 4 ,- 7 eF Iw!.Jg w;iI n iti fei, khe 8 prof-e•iorr of iti k.-P t4t-t- emt 9 of 10 Fjie'-J; '3'i.1 -37 cltiatt, wf't'f3 ftft4 !AveLt4t et-4 e6ii f 12 of eltti 2c,& 14 e4a, A,.ic I eau-n j c-P i9 ' %f4- '.14 a fey& • 15 tri- w ci>Ywe' - AT 5 it72j. of fL-?'f t>t-4'E. 16 thenco� ice) 17 iks 18 ffn, 4 net 19 EO y�--,29 Sm, tL-Z&i wk-i 20 pi:a� jc,-%; izud it a i-.I, �:�Js e on- p 21 pef' o, 6 �O -n;541 -�er. k. p e in- env, 22 wi4h f*R:`l ere he4<i 4y stiEk-e 23 ef ef 24 L4 5ti;4 25 +b.)• &aA frltv-4 be 4y at, -'t ee+--tty 26 wi-0-okA- e-oefl.-Je t,� refnraint ft 27 pd� litAr ,&r :u„ •r ell eerfin�ne +� 28 the t4 e4nll it��ee fA BA 29 tho �-a w4f,.-m-e'j; deekt-, 30 pie-t !,i.li.,Ii,rq f4d e'L�'.-er 31 eo s�.Ot ? -axxb oz, t-t--,y ",4 &'? t---Y -eerj--4 e.f- 32 Y;*tenc+-. F t-r rai4rae-4 t),wfi�-d ei, 0��— m-4 4y Stme 4 33 eF 34 if+ I* 4'ia e- e; 35 h� bbel- e?, C'f 36 fee-v ', iK f fli=-ei- � ,a ift cis 37 Wrig er ei�a - gec-a; L4 f�- Q rf, tt!�,a ez- &L-- ift 38 eon--,ecq49-t i. -. s,hvll e,,-er bt- ei. 39 pet pr 4-r, e t=cE3 er b-� 4s X-A-e • 40 abeeLu+e ftghi to fi-.h ivt w4--a &F --ttiJ np-keis -,Y-t4 *e 283 273 66 it 11376?c 165g 2 83 280 67 —19 — All 83 �. I Pi t f�CN:2Yettj fttft! EvvtOklii}Y?ttiFlOrEi'9f" }�trrasfE'P 2 sftk4 }tere -6y =e :�eT"+ 4 to �F e pt,6111c, trf { Ftt4e 3 of f+r }i[verttrr 4 . 5 eettrtty tr.r, -t Lw ids sriee- rfr 14, arce -ke c��::;t�s}rtte s eiu:'.4oc4 of cttt f?ser- .e ftFA 7 tiTL' evtlt -'L '.Y,42y ,ti'm1i: =1t t #i'(: of 6 8 G S•uc!i ff( >°ii9riy ftre 113t: ^.thir:i� tl TeC'E� 9 tvj:�OH b� <ite eetml.. y i!tiel tote 4 =:t f ftfA 10 fmtl-�t Col. stre }t et.,d te.14 11 eet3Ektet of rttt tesEtrvt> }}:EV•r ,3 fcff wnt; t}ta+ 12 if at tent' 44n+e 4t� ;mrirsj of 14-- � Game tte 13 4 4;� }e'rtjs % bt. t?te • 14 etttty to 4`}e <_kte txt r ier 3t:t'tr a r}t r,e l'.,4 }eai':r 9 sci 15 gr tar tt e} t T 4'1• • rrtr =ac:. 1 �e }, •�:Tr} t.rrc= ; r•?� tettit - 17 gt4ttt i :r irY scs of ii2,s, �t ;iirar2; ;-ice tr rxt 18 e-eflAtK-,,ienl i 69t'^4e n3eT - Aie (le ;P114ieft Y tT tti i4e to nx 19 in 4-6&9 to 1.634 of 4to F'r.�4 fta4 Gfife Ged� n O 2 83 280 67 M • • 1 .2 3 d 6' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "SN oweSumm BK 1 1376Pc 1660 f;l Is'; rjN, DAMN 6 CRUTCIIER R6Lrrt S. Warr.cn Richard G. 'Duncan, Jr. Bruce 'Tester 550 Newport Center Drive, Suite 800 Newport. Beach, California 92660 To lophune: (714) 644 -2071 (213) 488 -7000 Attorneys for Plaintiff The Irvine Company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE THE IRVINE COMPANY, a corporation, Plaintiff yr ROBERT L. CITRON, aS•Tax Collector of Orange. County; and JACK P. VALLERGA as County Assessor of Orange County; COUNTY OF' ORANGE, Defendants NO. 207 859 STIPULATION FOR PERMANENT INJUNCTION AND DECLARATORY RELIEF 1. This Stipulation for Permanent Injunction and Declaratory Relief is made by and between Plaintiff, The Irvine Company ( "Irvine. ") and Defendants Robert L. Citron ( "Citron "), Jack P. Vallerga ( "Vallerga ") and County of Orange ( "County ") by and through their respective attorneys in light of the following facts: (a) Irvine has filed this action praying for a declaration that certain assessments, taxes levied purportedly pursuant to those assessments and sales to the State of certain Irvine properties for nonpayment of those taxes are null and void and praying for an injunction to restrain the Tax Collector from executing tax deeds conveying certain Irvine properties to the State for nonpayment of such taxes. Exhibit 14 811 1376p 1661 1 (b) The parties to this Stipulation and certain 2 other parties have entered into an agreement known as the Upper 3 Newport Day Settlement Agreement (hereinafter the "UN11 Agreement ") 4 recorded at Book , Pages et seq. of the records of 5 the Orange County imcordcr. The UNB Agreement provides for a 6 sel.tlement of thir lawsuit, certain related lawsuits and other 7 matters whereby Irvine will pay approximately $1,650,000 in taxes 8 (subject to certain adjustments as set forth in the UND Agreement) 9 upon the propert.i.c, involved in this lawsuit and certain other 10 properties, and County will cancel all taxes in excess of • 11 $1,650,00.0 (as adjusted) which have been levied against those 12 properties. The taxes which Irvine has agreed to pay will be 13 referred to herein as the "Tax Settlement Amount." 14 (c) The UN$ Agreement provides that Irvine will 15 sell most of its Upper Newport Bay properties (the "Take Area ") 16 to the State of California ( "State ") and that the State will 17 reconvey the Take Area to Irvine if full payment for the Take is Area has not been made by the State within five years. 19 (d) Certain officials have alleged that the 20 three islands in the Take Area are not uplands owned by Irvine. 21 The parties hereto agree that County should not retain taxes • 22 paid by Irvine on the islands if it is determined that the 23 islands are not uplands owned by Irvine. Therefore, Defendants 24 have agreed that such taxes will be impounded for the period set 25 forth below and that all or a portion of such taxes shall.be 26 refunded if the events specified below occur. 27 2. .Therefore, it is hereby stipulated between all 28 parties as follows: 29 (a) Irvine shall have a permanent injunction 30 enjoining Defendants from collecting . or attempting to collect 31 in any way any of the tax yv.ar 1969 -1970 through 1974 -1975 32 taxes in exce;;s of the Tax Settlement Amount assessed against t "OY,XXXXIgXILl1 � -2- • • I 3 4 5 6 7', 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BK 1 1376rc 1662 Irvine's proper.ticn contained in the assessor's parcels listed in Exhibit A hereto. Specifi.cy),ly, but not by way of limitation, the permanent injunction shall enjoin Defendants from selling or executing tax deeds conveying to the State of California. or to any other person or entity any of Irvine.'s. properties contained in such assessor's parcels for tax year 1969 -.1970 through 1974- 1975 taxes now or hereafter levied in excess of the Tax. Settlement Amount. (b) The permanent injunction shall take effect immediately upon the filing of the injunction with the Clerk . of the orange County Superior Court. (c) Irvine shall have a declaration that the tax year 1969 -1970 through 1974. -1975 unpaid taxes, . penalties and interest in excess of the Tax Settlement Amount levied upon Irvine's properties contained in the assessor's parcels listed in Exhibit A .hereto are null and void and of no force and effect. Irvine shall have afurther declaration that all sales to the State of any Irvine properties contained in said assessor's parcels for tax year 1969 -1970. through .1974 -1975 are null and void. (d) The parties: hereto agree that County should not retain taxes paid by Irvine on the islands if it is determined that the islands are not uplands owned by Irvine or its successors in interest. The pro rata portion of the Tax Settlement attribu- table to each of the islands is set forth in Exhibit a, and such amount shall . be deemed to have been paid under protest, and not voluntarily, as of the close of escrow. Such portion of the Tax Settlement attributable to the .islands shall be impounded by County until the earlier of (a) full payment of the Take Area purchase price to Irvine by the State, or (b) four years from the date of payment of the Tax Settlement, . which shall be deemed to be the date of the close of escrow; provided, however,. that -3- r1 U • 1 2 3 4 6 6 7 0 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 20 29 30 31 32 OW ew 1 win) It 11376Pc 1663 if a lawsuit challenging title to such islands is commenced by any person'or entity prior to the earlier of such dates, then Irvine may file a claim for refund pursuant to and within the time prescribed by Revenue and Taxation Code Section 509.6 and within six (6) months following rejection of such claim by County, Irvine may sue County by appropriate action based upon such claim and County shall continue to impound such pro rata portion until a final adjudication of such lawsuit. Irvine and County agree that such lawsuit for a refund should be a part of or joined with the lawsuit challenging title to the islands. If any final adjudication of a lawsuit challenging title to such islands determines that such islands or any portion thereof are not uplands owned by Irvine or its successors in interest, then Irvine shall receive such refund of impounded taxes as the parties shall agree upon which are attributable to any portion of such islands as to which such a determination may be made, provided Irvine has filed a claim and a lawsuit for refund within the time and manner specified in this paragraph. If the parties fail to agree as to the amount of taxes to be refunded,.the Court shall determine the amount of such impounded taxes which were erron- eously or illegally collected and order a refund of such amount to Irvine. The Court may in its discretion remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment Appeals Boards. DATED.: April 1975 GIBSON, DUNN 6 CRUTCBER By Attorneys for Plaintiff, The Irvine Comoany -4- • 8x 11376n 1664 1 DA'iIM: Apr it _ 1975 ADRIAN Y.UYPGR, COUNTY COUNSEL 2 By 3 Attorneys for Defendants, Robert L. Citron, Jack P. 4 Vallerga and County of Orange 6 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW mw S HVIt111 - j _ ri l VA\ si rn r:.::a ANA H 1 1376PC 1565 19WOO 1970/71 1971/12 1972/75 440- 1S1 -02 440- 181 -02 440- 181 -02 440- 181 -0'- -03 -03 -03 -03 -04 -04 -04 -04 -05 '05 -05 -05 -06 -06 -ub -06 -07 -07 -07 -07 -08 - 118 -08 -08 -09 -09 -09 -09 -10 -10 -10 -10 -11 -11 -]1 -11 -12 -12 -)2 -12 -13 _ -13 -13 -13 -14 -14 -14 -14. -15. -15 -15. -15 16 -16 -16 -16 • 1,973/74 1974.75 1ZO- WIT-60 4,10- 092-7.3 440 - 092 -74 440- 131 -29 440- 131 -30 440- 132 -0.3 440= 132 -10 _ 4,10- 1.12 -11 440 - 132 -12 440- 132 -16 440- 141 -14 44u- 142 -02 440- 142 -04 440- t42 -n5 440- 1.12 -00 440- 1,12 -07 r 44-1,12-M 440- 1,12-09 440- 142 -1U 4au - 142 -11 .140- 1,12 -1Z ,1110- 142 -13 440- 142 -14 440 - 142-15 440- 142 -16 - 440 - 142 -17 Exhibit A 439- 051 -11 4.10- 092 -7;i 440- 092 -74 440 - 131 -29 440- 131 -30 44U- 132 -03 440 - 132 -10 440 - 132 -11 440 - 132-12 440 - 132 -16 440- 141 -14 440 - 142 -02 440 - 142 -04 440 - 142 -05 440- 142 -u6 440- 142 -07 410- 1.12 -08 440- 1,12 -u9 4 ,1i1- 142-10 440- 14 I -11 440 - 142 -12 440- 1dz -13 440- 1,12 -14 440- 142 -15 440 - 142 -10 440- 142.17 OX 11376Pc 1666 N Nm brvrv�� m .a<b ecrv. -� m a urvi oe rp1`° 4 •+ F O N n b N r o fJ N O N ry O N °N`II vi Exhibit D •+ om �u ON.+ m o \I �ib „ F� wII F m G [4 nl N.arvm < c p.��n O •' � V' N m Sm: N \ ✓yJ r ry N N r.aN .a HN � vbi r co r fA vi w • . x -0 rvnvo vri Z O o ry b ri n < ry .a m ry o tti r ry N n r b b :J +o HF r m N rimry e < N In b WO r ry r r ,ti a .a m vl � •+ n b ry c ry ti o N b O�O� rLN.N N m< m O h' h b N N CO N O N p � .a N N • m cr N o m b o Vr���vv r c m�.+ r. r m as rvrnm m r b ry rnm ry e .a rn a oll N - •'� 'V .i N N b r` ro o c oo v o00 N ry ry �� c I I I .roi ro .. M 1 1 M 1 Q O W � F !. X Exhibit D • • 1 2 3 4 6 6 7 0 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M", W.M A MIMI BX 11376rc 1667 ) GIBSON, DUN,! 6 CRUTCHLR Robert S. Warren Richard G. Duncan Bruce 'Paster .;.`,0 Nrwport con rr Uri vr, Sui. Lo B00 Ncwpurt Beach, Culiforni,a 9.2660 Te. lephone% (714) 644 -2071 (213) 4.88 -7000 Attorn,:ys for Ilaintiff The Irvine Company SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR TIE COUNTY OF ORANGE. THE IRVINE COMPANY, a ) NO. 207 859 corporation, ) PERMANENT INJUNCTION Plaintiff, ) AND DECLARATION V. ) ROBERT L. CITRON, as'Tax ) Collector of Orange County;. ) and JACK P. VALLERGA as ) County Assessor of Orange ) County; COUNTY OF ORANGE, ) Defendants. ) In the above action, Plaintiff and Defendants have stipulated that Plaintiff will pay approximately $1,650,000 in taxes (the "Tax Settlement Amount ") upon the. properties involved in this lawsuit and certain other properties, that a portion of such Tax Settlement Amount shall be temporarily held in an impound account subject to refund in certain events, and that Plaintiff may have a permanent injunction on its causes of action for an injunction in the complaint herein and a declaration on its causes of action for .declaratory relief in the complaint herein. Accordingly and pursuant to said stipulation: IT IS NI:REBY ORDERED that Defendants and each of them, and their successors, officers, agents, employees, representatives Exhibit 15 • • ji BC 11376�� 1668 1 and all persons acting in concert or participating with them, 2 p shall be and they are hereby permanently enjoined and restrained 3 from directly or indirectly, . or by any means whatsoever, col - 4 lecti.ng or attempting to collect in any way any of the tax 5 year 1969 -1970 through 1974 -1975 taxes in excess of the Tax 6 Settlement Amount now or hereafter issesi;t:d against the 7 properties of Plaintiff The Irvine Company contained in the 8 assessor's parcels listed in Exhibit A hereto. Specifically, 9 but not by way of limitation, this permanent injunction shall 10 enjoin and restrain any sale or execution of a tax deed con - 11 veying to the State of California or to any other person or 12 cnt.ity any of thr propr.rty of Plaintiff Thc: Irvine Company 13 contained in said assessor's parcels for tax years. 1969 -1970 14 through 1.974 -1975 taxes now or hereafter assessed in excess 15 of the Tax Settlement Amount. 16 IT IS FURTHER ORDERED that this permanent injunction 17 shall take effect upon the filing of this injunction with the 18 Clerk of the Orange County Superior Court. 19 IT IS HEREBY DECLARED that all tax year 1969 -1970 20 through 1974 -1975 unpaid taxes, penalties and interest in 21 excess of the Tax Settlement Amount levied upon The Irvine 22 Company's properties listed in Exhibit A hereto are null and 23 void and of no effect whatsoever. 24 IT IS FURTHER DECLARED that all sales to the State 25 of Thn Irvinr. Company's properties contained in the assessor's 26 parcels listed in Exhibit A hereto are null and void and of 27 no effect whew;o,rver. 28 IT 15 FUR'1'UPoR ORDERED that Dofondants shall retain 29 in an impound grcount and shall not release approximately 30 $910,000 of the Tax Settlement Amount as more specifically 31 set forth in the Upper Newport Bay Settlement Agreement recorded 32 at Book , Page of the records of the Orange County F-MR. NO t101[AI 1 -2- e • r1 LJ 8111376'c 1669 1G uccorder, between County, Irvine., the State of California, the 2 City of Newport Beach and First American Title Company. The 3 pro rata portion of the Tax Settlement attributable to each 4 of the islands is set forth in Exhibit B, . and such amount b shall be deemed to have been paid under protest, and not 6 voluntarily, as of the close of escrow. Such portion of the 7 Tax Settlement attributable to the islands shall be impounded B by County until the earlier of (a) full payment of the Take 9 Area purchase price to Irvine by the State, or (.b) four years 10 from the date of payment of the Tax Settlement, which shall 11 be deemed to be the date of the close of escrow; provided, 12 however., that if a lawsuit challenging title to such islands 13 is commenced by any person or entity prior to the earlier of 14 such dates, then Irvine may file a claim for refund pursuant 15 to and within the time prescribed by Revenue and Taxation 16 Code Section 5096 and within six (6) months following rejection 17 of such claim by County, Irvine may sue County by appropriate 18 action based upon such claim and County shall continue to impound 19 such pro rata portion until a final adjudication of such lawsuit. 20 Irvine and County agree that such lawsuit for a refund should 21 be a part of or joined with the lawsuit challenging title to the 22 islands. If any final adjudication of a lawsuit challenging 23 title to such islands determines that such islands or any portion 24 thereof are not uplands owned by Irvine or its successors in 25 interest, then Irvine shall receive such refund of impounded 26 taxes as the parties shall agree upon which are attributable to 27 any portion of such islands as to which such a determination may 28 be made, provided Irvine has filed a claim and a lawsuit for 29 refund within the time and manner specified in this paragraph. 30 If the parties fail to agree as to the amount of taxes to be 31 refunded, the Court shall determine the amount of such impounded 32 .taxes which were erroneously or illegally collected and order C.M". NO 1 OOIM 3 Ll 0 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 O K I 1376piu- 1670 a refund of : ;uuh arnount to Irvine, The Court may in its discrcli.on remand the question of value of any portion of the islands found to be tidelands to one of County's Assessment Al,pea.ls Boards. DATED: April , 1975 APPROVED AS TO FORM: DATED: April , 1975 DATED: April 1975 Judge of the Superior Court GIBSON, DUNN 6 CRUTCHER BY Attorneys for Plaintiff, The Irvine Company ADRIAN KUYPER, COUNTY COUNSEL By Attorneys for Defendants, Robert. L. Citron, Jack P. Vallerga and County of Orange MR.pmwAuams ry RN -4- 1965/69 440-181-OZ -03 -04 -0s -U6 -07 -08 -09 -10 -11 -Iz -13 -14 -15 -16 • ASSGSSON'S PARCIiIS 1Y17111N TAX sujui,am AIUJ1 1970/71 440- 181-OZ -03 -04 -05 -U6 -07 -08 -09 -10 -11 -1Z -13 -14 -I5 -16 1973/74 IZU -09d 60 440 - 092 -73 440- 09z -74 440 -1.31- Z9 440 - 131 -30 44u- 13Z -03 44U - I3z -I0 440 -I;Z -II 440 - 132 -IZ 440 - 132 -16 440 - 141 -14 44U- 14Z -OZ 440- 14Z -04 44U- I4z -05 440- 14Z-06 440- I4z -07 440 - I4z -08 440 - I4z -09 440- 14Z-IU 44U - I4z -II 440- 14z-Iz 44U- 14Z -13 44U - I4z -I4 44U -I4za5 440 - 142 -16 440- 14Z -17 Exhibit A 1971/72 440 - 181 -OZ -03 -04 -us -06 -07 -08 -09 -10 -11 -1Z -13 -14 -15 -16 1974175 439- U51 -11 440- U9Z -73 440- 09Z -74 440-131- 29 440- I3I -30 44U- I3z -03 440- I3z -IU 440. 132 -I1 440 - 132 -12 440- 13. -16 440- I4I -I4 440-14Z-OZ 440- I4Z -04 440- I4Z -05 440- 14Z -06 440 - I4z -07 440 - 142 -OB 440- I4z -09 440- I4z -I0 4au- 14Z -II 440 -I4za2 440- I4Z -I3 44U - I4z -I4 440- I4z -15 440 - 142 -I0 440 - I4z -17 BK 11376ac 1 671 1972/73 440 - 181 -02 -03 -04 -05 -06 -07 -08 -09 -10 -11 -1Z -13 -14 -I5 -16 I �n �nm uroro m p1 OM ou o- ro o ror w&n o u1 Orl NO N y V1 a p1 OM 0�10h ! lY r b 1!1 4 h � O ! ry �M ♦ �n r.+ u y y �y M m 01 Y1MM H �i r 01 rl M Y1 rl N !. ♦ , M m b M ' Y1 r :i H y y {{pp N maj NMO v ,\I r m m •+ r .1 M .� o ro e MM lro.l N oC r N in r � c a y y e Ju~iH r min MmN ! ro rr H�.1� u1 O \1 H M e ro ! N N O y y F �p p1 p� N 1I1 N N . ICI N Y1 Y1 m.N c OBI O N Mro Mmrl O r n v �n � • y y o m 'oo rlm r C Q1 rl.H NM m r r eN , Mm m y - y N b H N N V r O 00 000 � � [ N H N H tll N rl N 1 I M 1 K O 0! o O H w b d x N B� I 1 37604 1672 Exhibit B r 4 1-1• It 11376ts 1673 l UNDER OF TII1•: HOARD OF :1U1'I:11Vl1:OIIB O;' (MANtiR COUNTY, CALIFORNIA, 0 CANCIILLfNC 'i'MV; 1'URBUAIJT TO R1'VLW E AND TAXATION CODE Rf:(7TJON 4986(a) (2) i 3 4 WHEREAS, the County Counsel has apprised the Board of 5 .Supervisors that in his opinion back and current taxes, penalties, S costa and interest levied and /or collected in excess of the 7 amounts set forth on the attached Schedules A through 'D on the 8 parcels described on said schodules for the fiscal years 1969 -70 9 through 1974-75 have been illegally and erroneously levied and /or 10 collectedl and 11 WHEREAS, the Board of Supervisors, by Resolution No. 12 74 -1667, approved tho cancellation of any claims for back or 13 current taxes, penalties, costs and interest levied and /or col - 14 lected in excess of the amounts set forth on the attached 16 Schedules A. through D•on the parcels described on said schedule3 16 for the fiscal years 1969 -70 through 1974 -75; and 17 WHEREAS, The Irvine Company, the County of Orange, and 18 certain other parties have entered into the Upper Newport Bay 19 Settlement Agreement which is recorded in Book _, Pages 20 at seq. of the records of the Orange County Recorder whereby it 21 was agreed that the pro rata portion of the taxes set forth on 22 Schedules A through D attributable to the three islands in 23 Upper Newport Bay in -the amount of approximately $910,000 would 24 be impounded by the County of Orange fors certain period of 25 tine as set forth therein; and 26 WHEREAS,. the Board of Supervisors, by said Resolution, 27 empowered the Chairman and Clark of the Board to execute, among 28 other things, any documents rocommended by the County Counsel 29 as nocessa-ry to cause said cancellation of taxes, penalties, b0 costa and interest; 31 NOW, THEREFORE„ IT IS HEREBY ORDERED, pursuant to 32 California Revenue and Taxation Code Section 4985(x)(2) and Exhibit 16 1 . 4 1 2 3 4 5 6 7 6 9 10 11 12 13 14 lei la 17 1e 19 21 22 23 24 25 26 27 26 29 30 31 32 III 1376?c 1674 Board of Supervisors Resolution No. 74 -1667 that all taxes, penalties, Gusts and interest for each of the years 1969 -70 through 1974 -75, in excess of the taxes set forth on the attached Schedules A through D (totalling $1,650,000), which have been levied and accrued or have been collected on the parcels described on said schndulos, be cancelled. IT 1S FURTHER ORDERED that the auditor- controller shall undertake the necessary actions to comply with this order and the provisions of Revenue and Taxation Code Section 4986, shall impound the said sum of approximately $910,000 in compliance with paragraph 5..6 of the said Upper Newport Bay Settlement Agreement, and shall distribute the remaining taxes set forth on Schedules A through D when collected, to the governmental agencies entitled thereto. DATED: April _, 1975. Ralph A. e r e , airman Orange County Board of Supervisors Consent is hereby given to cause appropriate action to be taken pursuant to this order in accordance with Section 4986 of the Revenue and Taxation Code., ADRIAN RUYPER, COUNTY COUNSEL By Deputy .DENNIS O'NEIL, CITY ATTORNEY OF NEWPORT BEACH - 2 - By f I 2 3 4 5 6 7 B 9 10 I 11 ._• 12 13 14 r1 L_J 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 m 0 ORDER OF T111; 11OARD Or SUPER) 75:01? , AP ORAIVA lli -AEIYi; _ il ll.Z ((II: I.I.II: 1; U!1.1 11'1l A'1'I: Oi 92 BK 113715 rc 1675 WHEREAS, the property described on the County of Orange 1969 -70 Secured Tax Roll as Assessor's Parcel Nos. 440- 101 -02 through 440- 101 -1G, inclusive, was .sold to the State of California on *June 3.0, 1970, for non - payment of the 1969 -70 taxes levied against said property; and WHEREAS, the Board of Supervisors, pursuant to Revenue and Taxa- tion Code Section 4986(a)('2), by Board Resolution No. 74- 16.6.7 and written order dated 1975, has ordered the cancellation of all back and current taxes, penalties, costs and interest levied and /or collected.in excess of prescribed amounts on said parcels for fiscal yoors.1969- 70.through 1974 -75; and WHEREAS, all back and current taxes on said parcels in the amounts prescribed in said cancellation order have been paid and all delinquencies: have, therefore, been discharged as the result of cancellation, in part, and payment, in part; and WHEREAS, the Chairman of this Board has been empowered by Board Resolution No. 74 -1667 to execute, among other things, any documents recommended by the County Counsel as necessary to effectuate the tax actions which are the subject of said Resolution; NOW,, THEREI'URG, IT IS HEREBY ORDERED, pursuant to Revenue and Taxation Code Section 4992, that the following certificates of sale relating to the following Assessor's Parcel Nos. be cancelled: 1969-70 Assessor's Parcel No. Certificate of Sale No. f 440- 181 -02 214167 . 440 - 181 -03 224334 440- 181 -04 216310 440- 181 -05 210453, 440 - 101 -06 214437 440 - 181 -07 217398 440 - 101 -00 210404 440- 101 -09 EXIII111T 1.7 I 1 2 3 4 5 6 7 B' 9' 10 11' 12 13 14 15 i j 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 Bt 11376 °c 1676 1969 -70 Ae,::v ^ ^or's Parcel No, Certificate of Sale No. 440- 181. -10 225206 440- 181 -11 210346 440- 181 -12 538337 , 440- 181 -13 1 210496 440- 181 -14 220539 440- 181 -15 539446 440- 101 -1f, 220540 IT IS FURTRL'1i OkDLRI:D that a certified copy of this Order shall be recorded with the County Cp. corder. IT IS FURTHER ORDERED that a copy of this Order shall be filed with the County Auditor - Controller for appropriate notations on the delin- quent tax abstract records. DATED: Chairman, Orange County Hoard of Supervisors APPROVAL RECORMENDED: Adrian Kuyper, County Counsel J 2. W , R l 1376?116 -1 [THE IRVINE COMPANY LETTERNSAD] Tax Collector County of Orange 110 Finance Building 630 North Broadway P. 0. Box 1438 Santa Ana, California 92702 Dear Mr. Citron: In accordance with the term-, of the Upper Newport Day Settlement Agreement dated as of April , 1975, between The Irvine Company, the County of Orange, t> State of California, the City of Newport Beach and First American Title Company, The Irvine Company hereby withdraws its protests which accompanied tax payments as to the parcels and tax years indicated on the attached schedule. It is our understanding that the pro rata portion of the $1,650,000 tax settlement amount attributable to the three Upper • Newport Bay islands will be impounded and will be deemed to have been paid under protest and not voluntarily as of the date that this letter is released to you from escrow. r1 U EXHIBIT 10 Very truly yours, THE IRVINE COMPANY By 'Cax Ycar 197'3/74 �7T7�1%7�IP 119- 310 -03 117 - 381 -U2 120-21U -32 118- 37.3 -0.1 440- 081 -03 119 - 261 -01 440- 092 -71 ^ 119 - 261 -07 440 - 092 -72 119 - 261 -13 440- 132 -14 119-261 -14 440- 132 -15 119- 300 -08 440 - 142 -03 119- 300 -09 120 - 090 -60 119-300-10 440 - 092-73 440- 142 -06 440- 142 -10 • • Tax Ycar 1974/75 (First Llstallmcnt) 050- 303 -94 440- 142 -05 440-142 -06 440- 142 -10 440 - 142 -11 440 - 142 -13 440 - 142 -03 439- 051 -11 440- 092 -73 440- 092 -74 440 - 131 -29 440- 131 -30 440- 132 -10 440- 132 -11 440- 132 -12 440 - 132 -16 440-141 -14 440- 142 -02 440 - 142 -04 440- 142 -07 440 - 142 -08 440- 142 -09 440- 098'l4 440-131 -29 440- 131 -30 440- 132 -10 440- 132 -11 440 - 132 -12 440- 132 -16 440 - 141 -14 440- 142 -02 440- 142 -04 440 - 142 -11 440-142 -12 440-142 -14 440 - 142 -15 440- 142 -16 440- 142 -17 117 - 381 -01 117- 381 -02 118 - 323 -04 119- 261 -01 119. 261 -07 119- 261 -13 440 - 142 -07 440-142.08 440 - 142 -09 440- 142 -12 440 - 142 -14 440 - 142 -15 440 - 142 -16 440- 142 -17' 050- 303 -94 440 - 142 -05 440 - 142 -13 119- 261 -14 119 - 300 -08 119- 300 -09 119 - 300 -10 119 - 310 -03 439- 061 -01 440- 081 -03 440- 092 -71 440- 092 -72 440 - 132 -14 440- 132 -15 440- 142 -03 Y N A Y N N N V Y Y W - A AMO PW N U Y V V r A W O Y O u o�uYOm n 0 z m m m y m y G 0 0 0 0 0 0 N S STT SS �Q A A A A A A lV 6 6 6 6 6 6 d nnss» n A ♦ y N N m N A • H YY.+Yi+Y N O b H y v v v v v P IA Y O • O 1n y m 1I�AW NI+O Y N A Y N N N V Y Y W - A AMO PW N U Y V V r A W O Y O u o�uYOm n 0 z m m m y m y G 0 0 0 0 0 0 N S STT SS �Q A A A A A A lV 6 6 6 6 6 6 d nnss» n A ♦ y N y A A S S A A as 00 N N N N N m N A • A 1AA l W N N G V YAN Am 1A P O Y Y O • O 1n O U m N .G N 1n W N O H C U b y y y y y y N n n n n n n z SS ?SSS lV n n n n m rt b aaaaaa n - O O m m a a 10 v M M y N y A A S S A A as 00 N N N N I+ 1+ P W W Y Y O • O 1n O U m F P .G N 1n W N O H C U b N y A A S S A A as 00 N N N au O O .ON V A.ON C O �n mua�,o N O .G N 1n W N O H N y EXHIBIT 19 y N Q P V � K O O y H b na a�ae to Oro momC d to ram a N Y � �o N > � C rro N � O a A G n N d b m non> m A b O > H H H H N n y a lV d o III 1376nI680 �w I�• nrru.rPw.�ro r�PUnn nu nuuuv�rrP ~ , PPPrr 6€ I. wl la 11� �w I�• nrru.rPw.�ro r�PUnn nu nuuuv�rrP ~ , PPPrr 0 0 \ it I 1376n 1681 O go. \� #{ i § k� —� - � - - -- |J $i § aleJ �\ aK 11376rc 168 O pa ro ro HI Z Pd w 01 roc N ro P O A ro y O n 5 > o C y zr G > 1 W O y [b Z D. b 'A A N rum. > N Z H b Vle N N V V p M N 1 H e V V U N n x M b C r M n + H O O O o O O Ole Y n H H H H H H O N O Np } Y O w Y A P W V ID H le P N H1'• r x r N H N H N O OH O 0 ❑ w B w 'w ❑ m 1 1 1 1 1 1 I l l l l f l l l l l l l l l l l l l l b O V p p Iu Y OHO 0 0 0 0 0 O.O O O O O O O O V W N N N W W A O • a a a P 0. H o m V P U P V N H N H m V P U H P U V N H N O 10 U 1 n O I >a >s a Pc 1 P p 1 <e e•G a .+� � I P A p >D 1 d W H P H N P N H W H H N H 0 V. H A N V H q V P Ple N H N W H{/�H PIe W mU U O'.IDP H N W V le IDU H V P N H H O V14 W O H V N N It H N b P O a O O O O 1 p � n 1 N P m H H N O lA H H P N V W P. Z 1 G m O W m m H U U A P ID P V N Ale N N P H. m m P G 1 o [� P' U A V V W U P A m CO H O P P A N O W P {J W'U m N m P b P H N Of O O O O O O O U 0 0 0 0 0 0 0 0 0 0 0 0 OO O O O O O b ?OP N N W ro > N H W V N k n m P O O N m N A A {/1 N1p Ale W V A O N H A A P H O P A m H W A m C m lIl V H N U N U m O H H A A H m U P (4 W V W U O ID U A ]e H V A A P O'b A b P bl A A m A V V V b O O O O O O O O O O O O O O O OO O O O O O OO OO. H 1 N• 1 oG 1 • P• 1 1 N H H .T H le Obbb Olebbbb lebleble b'bb lebbb blp Ole Y> V H K W AAA AID A U P A A A A A A A A A A A y1.P V m ID N U [d 1 UU {IIU mPV PUPWV VVWW WUAPV AIOm OO V OO O O.ID O O W O O N N.N V V V V O AU W W A Ip N O A UUUIUUTA .......... O V OOV UOV 1 1 1 N • 1 N i i H 1 H V V N > Iq 0 P le m N m H lA le A H V A P D H W le N H V A V N m ul leourHmH 0)HmOP WW v ou v oOW Ho N N ro jbj o U W V A O H H N W V P V H V H H N V V P Ne He A O m A AU P H V A H N HA P m H O • ie O V U H W V le O V le V A A N W m le W m b W' P U U D P le el .i AlnV oulo W mule A.I W meAOH Aom maul W cl W CI O 0000000OOO00000000OOOOO000 oo I m• I UG I P• i • 1 N H le le b b le b le le le b b le le b b ip le le le le le le le IO le b m H le > > V H H H H P H N N H H.H H H H H H H H H O W W H P V N H DC A A A A A W.PW m A.PA A A A A A A A U U D V N V V O VI I UI UI UI UI lA'{It {/I b {II UI A A A A [� A A lA W HID le O' N m.Y V le le le le A Ip le N le ID le le le b b b le le P A N N le A V FI U 1 • p 4 1 H 1 a nl WW c000H mu oulo H yr 9 1 ' y W P W N N ID P V H P m H A H P CI A O N H H'lA V Pj V � H Ie O W P H IO N A U IO H V m IO P A V le W U le b m U N le O.P H O N N H V y H lA A.b Ole ID le O A W m P' V V OI H b V A A A A A A H A W P• H H o 0o O o. 0O 0 .� P le Ip I ._ 1 1 1 1 1 1 1 ro P P V V H H H H H O.O H A W A A A W W IO le A I • v v 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 O H roIAA HOOHHHHOOH.V l.1HHHHO.V VOIH OH HHO le A N A A W H o OA A Oe O NH o u A V o Ne O U V V V Pp P. A 20 � H le U V A m9S W WPC � O P V 1 n O r•n p H N r aK 11376rc 168 O pa ro ro HI Z Pd w 01 roc N ro P O A ro y O n 5 > o C y zr G > 1 W O y [b Z D. b 'A A N rum. > N Z H b Vle N N V V p M N 1 H e V V U N n x M b C r M n O r s ... N m O m ti Y' 6 m 9 O C < < 6 7 o n Y O I N Y m d Y M r V ti M 9 0 A v t1 a O Y O C 0 0 O N N 6 H N n O O O O O • I 1 �-A H H O O O 9 > I I 1 r Y Y o ro N P W 10 Y O A 1 I l l l l i l l I OOO OOU 1A F I m V W m Y N O 10 I 1 t Y H N A b P N A P UI N P W m N N T I-'1 m P VNVW: SNm > I G H P b OYWNO•FNm 7• b 1A P.P �amU P PY N 1 O' 100000000 O 1 I � 1 v I A I Y n H oz P U b 1A b V m P N O N q Y Y > >t � W O H y p V Y 1A 1p p W Y Y O y UI O N 1A yl V V p 90 RR I m Y p N P O 1II Y V V O I Ip m 1A P N O N P N Y I • N. I v O < 1 P Y b q V {d N W A Y TI H 1 b b to b b b lo. o H> y n q H X P O O p p P p p m10 N {p. 1 T A 1A 1AP W W 10mO 1 2'j O O W W W F b N I H C 1n 1n O NN V 1nO I $ r I O> W II" O IY N O NOIY NNVVIA > AY W V 1A m p pl 1p OY O p1 {p F 1p O 10 W V p N.N N {p y p N > H m S c N N q O > Y paw ro p O H N UI m'Y PIp VIPY YO ZH pl N N F UI UI UI W. V A O M b N I N O yl �O�W W Y O V UI N UI O I 'L l p P V P p 0 0 0 0- 000 0 F> 1 r • m I c G I > Y n b A v {d N P N b 10 10 b 1p 1p b b A H I > > V Y'Y NY YUIP V HY1 UI P P m P P N W V {d 1 W Ulb FFOUIm 1 lO 1pN b10 b.F V I I N N I M Y I W O 4 Y P v Y U O N P Y ■ K p W N W lOY WY Ol > Y P N W P W O b m p0 yl P M P Y V W V m N rn Y b A A A V A P A > W b O 1 I I q V Y Y M • A F W A W r N N N •Jt I 1 1 1 1 1 1 1 1 O O Y O Y O Y Y H Y P F m P W P NI V b F C V A N Y N S I 1 1 1 1 1 1 1 O N 8 1 1 1 376PC 1683 1- O C A p H O O O > > I I I r Y Y w w r W W 1 1 1 1 1 1 1 1 000-0000 1 P N Y N Y V P I I 1 Y H +n A b N Y ry pl m W p Y p p> H W 1p UI V Y P P O > 1 < H a p N p IO p P O UI ry 1 p 0 0 0 0 0 0 0 O I 1 1 A I p Y O WY W O W A> lO H U I O F P Y b 01 Ol N S O N b Y N m O m R O 11,10 000 -0000 VO I Y I O> 1 C N I ro O < I q T M ry b A V N W Z b b 10.10 b b b A H I lO > > V m UI Ol W W W W m I O {p O 10 O O W W W W I A •A I H q I S O m I O A > N N • r s C P N ► o Q O F 1A V Y N P H r 1 > > V Y UI F m N 10 P pC A H W N m 0UU 0 W {C H O> H$ M H m N Z A N N q tv Y N N > O N b pl Ol IO N m Y m p1 f-1 O V pl Y b N N V N O H r W Y O 9 > \ Y F N m 10 P W O A •8 M V b Y.Y Y b W F 0 �O O A P 0 0000000 In tv O I H N m I N 1 F> I m• I Y N < I b P 1 V Y F b \ N V V bbbbbbb A H F ul Ol Y Y Y Y.Y Y H H y W F P F F F F {V UI U lA U F F F F I F bb b lOb!p I I I I N ► I 4 �N N I•� Y P m N Ol Y V > W Y W VI Y N M W W O W W O O m N Y N F P O V N VI m P N A S M tE b O F F F V C F F F > W r ro V Y Y Y F C F W W N Y N S I 1 1 1 1 1 1 1 O Y O O W N Y Y • Y W N P O b N Y b V F N • $ 926,330 $ 448,196 TOTAL $ 1,374,526 EXHIBIT 20 AID SVPARCELSPWITHIN Br I 1 ON ATSESSOW J (6Pc 1681 SETTL&'MENT AREA Full Year First Half 73/74 74/75 74/75 A.P.4 7/1/73 - 6/30/74 7/1/74 - 12/31/74 440 - 131 -29 $ 85,724 $ 41,552 -30 4,999 2.,4.23 440 - 132 -03 163,312 79,161 -1.0 7,994 3,875 -11 125,913 61,042 -12 2,3M 1,332 -1G 14,'0'. 7,259 440- 141 -14 40,613 1.9,652 440 - 14.2 -02 11,836 5,728 -04 6,142 2,972 -05 189,010 91,459 -06 27,837 13,485 -07 9 5 ' -08 5,628 2,705 -09 8,427 4,056 -10 762 • 369 _ -11 6,953 3,368 -12 • 12,333 5,935 -13 2,971 1,433 -14 20,838 10,.08.3 -15 73,198 35,302 -16 26,982 12,987 -17 35,834 17,174 440 - 092 -73 36,689 17,.781 -74 14,8.37 7,180 439- 051 -11 160 78 • $ 926,330 $ 448,196 TOTAL $ 1,374,526 EXHIBIT 20 In' V1 m O' IU N N C7 m N ry V' W S V lV �I Rr a rn O ri In 1- p p Iomm 1? O h all 137610C 1685 EXHIBIT 21 W a rn O ri p� lon N V Iomm to o.am O H .y a N N N F u1 Q4 F rvl m rn In r� Ri .a .� W r� m e. rI Inn .a r� ti W m F V F$ /n r m. r " r� v I ry o n • o ;rr O N 1p t+1 t+1 p N r-1 (A N W .a O W A y vI W � 5 No Nf'I n mN r'1 OWN? V N In ]p. N LnN .a a .a m In I O \� �' � r-1 t+1 Ip. N V N r-1 O F n ry v to to e N ON b O� 0������offppU0p .1 Y1 N m N ry� C h rrF-1 W V ml0 n n In In \ )MM-'1 O r-1 r1 N rvf m r-1 r'1 O n N y V In Ip t+1 III O l m IUO s nvm nl n \It O� r-1 N t+1 .m I n n • O� P N b IN rf W m IU r-1 r'1 n V O N N .+ v .IN in Inn •p o c' oo •o 0oo C I b 1 I is I I I IO N r-1 N b r-1 .a e N rf .a rf O N o o pFo e •p any a F. Z L N all 137610C 1685 EXHIBIT 21 Bi 11376PC 1686 Ar)V 1,1 u. Llc�.11 ; U:. Cnii : r y - - -- ITFLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby I Parcel 1 Beginning at the WOSterly terminus Of that certain course shown as "North 8S° 56' 03" East 984.75" in chO Southerly boundary of Tract. 4224, as shown on a iaap filed in Look 157, pages 1 throup;h 14 inclusive of said Miscell.ancous Maps; Lhance nlon� ,aid boundary the followi.n,; courses and distances: 1. North 89° 47' 34" Ease 984.75 foot; 2. North 83° 55' 06" Enst 380.03 fecc; 3. NOL'th 63° 39' 08" ]Case 250.51. facet; 4. North 35° 03' 05" East 213.62 feet; 1 I EXHIBIT 22 acknowledged., COUNTY OF ORANGE does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE IRVINE: COMPANY, a West Virginia corporation, all rights in the real property received by the COUNTY OF ORANGE from THE IRVINE COMPANY by virtue of that certain Corporation Grant Deed recorded February 26, 1969, as Instrument No. 15636, in Book 0885, • Page 409, Official xrr•nr,fs ut gr.ui9p. county, California. described as; .L.h,,::.: pOrtiu,u of l.ut:: L and 2 4 Cocli.on 23, 1,ot L in Section 25, and i.ots 1 and 2 in Suction 26 all. in Township 6 South, Range 10 West, San 3ernardiuo Meridian, in the City of Newport: Beach, County of Orange, State of California., accorJing to the o ficiai plat: of said land, of Tideland Patent No. 204 from the State of California recorded July 19, 1907, in Book 1, page 245 of Patents in the office of the County Recorder of Orange County, of Blocks 5, 51, 52, 53, 54, 55 and 56 of Irvine's Subdivision, as shown on a map filed in Book 1, page 88 of Miscellaneous Record Daps in the office of C11e County Recorder of Orange .County, and of Lot B of Tract 4003 filed in Book 188, pages 13 through • 19 of Miscellaneous pups in the office of the County Recorder of Orange County, included within the hereinafter described Parcels 1 to 5 inclusive. Parcel 1 Beginning at the WOSterly terminus Of that certain course shown as "North 8S° 56' 03" East 984.75" in chO Southerly boundary of Tract. 4224, as shown on a iaap filed in Look 157, pages 1 throup;h 14 inclusive of said Miscell.ancous Maps; Lhance nlon� ,aid boundary the followi.n,; courses and distances: 1. North 89° 47' 34" Ease 984.75 foot; 2. North 83° 55' 06" Enst 380.03 fecc; 3. NOL'th 63° 39' 08" ]Case 250.51. facet; 4. North 35° 03' 05" East 213.62 feet; 1 I EXHIBIT 22 ]rav i mp, ^.a i.d h„uu,l:ct'y and c' oil t inu in;'; j. North 3:+° 03' 05" Lass 1.332.116 t, ot.; G. Lhcncc Nureh .59° 00' 32" East 02.7,_10 fcct; 7. thcncc 11:017c11 20° 43" 31." East 6.1.2.90 feet: 8. Lhcncc :'.,uiLh 6° 34 29" I2c5C 17551 ;114 f.ceL; 9. thcncc• NorLh 6° 10 ' 37" ldc•sL 991.71 feet; 10, thence EOI-Lh 4° ll' 51" Has 1714.27 fcoL; i.i. thence :orth 8.° 36' 50" Wont 1032 .32 fr.cZ; 12. Lhcncc :'ovuh 8° 3.7' 19" C:tsL 2155.. Y,7 f(-cL: la, Lhcn(-r :S+rLh 51° 22' 32.." E;WL :569.';0 Lret; 114 , thence i6,17c11 89° 'i5' '0)" F;a::L '2')81.07 1,CrC: 15.. Lhcncc• :;such 600 36' 52" F.nsL 497.00 lacL: 16. Lhcncc South 0° 59' 40" li:isL 497.00 f,,,L: 17. chc•ncc South 58 37' 32" Wr:;t 497.00 feet: 18, thence :;,midi 88.° 26' 42" WcsL 2001,.68 feet; 19. Chance- ::uu t. 11 73° O2' 11" Wc::t 474.119 f.ceC: 20. LhL -nCV f;o"Lit 8° 3.7' 11" WCSL, 354.89 fret •. 21.. thcncc. t;Ou Lli :i7° 48' 3.i" En::C 502.02 feet; 22. LhmncI: North 73° 02' l.l" i:uaL G +7.6.46 fac•L; 23. dicfnc,! SuuLI1 14° 57' 49" lust 460.00 feet; 24, Lhcncc 5ouch 73° 02' 11" West 5056.07 fcutt 25. thence South 32° 39' 05" West 208.3.07 feet; 26. thenco :;ouch 160 03' 27" West 556.09 feet; 27. thence .South 4° 40' 38" hcsc 599.81 feet: 28. Lhe:icc: :;ouch 5° 10' 02" EaSL 683.87 feet; • 29. thcii.;c- SOLI L11 12° 25' 39" Ea:;t 1.17.43 "ect: 30. thcncc• :;o,iLlt 9° 57' 53" East 220.41 feet: 31. thence' tiouch 1° 53' 40" Ease 1647.70 feet; 32. thencC Socch 8° 34' 40" Gas; 989.43 fce.: 33. thence Sou Lh 26° 58' 17" West 117•:58 fecC: 34. thence SOULh 20° 09' 34" West 897.62 fear; 35. Lhcncc Suuch 670 07' 04" WCSL 885.24 fecL. 36. thcncc Sou ch 26° 35' 29" Wesc 351.. NZ feet: 37. ehc•ncc South 39' 4.5' 07" W,:sL 1:42 07 fcatt 38. chance South 120 52' 48" WCSL 568.32 face; 39. Lhcncc South 33° 53' 27" West 229.67 f'ccL: 40, thence South 86° 07' 04" West 1109.18 feet: 41. thence SOU Liz 83° 47' On" West 1584.65 i'cec: 42. thence South 590 03` 06" Wesc 263.24 feet. 43. thence Suuch 34° 19' 06" West 431.84 feet: 44. Lhcncc South 39° 44' 09" West 1215.46 feet: 45. thence South 200 46' 56" WCSL 656.71 feet to a point on Cho Northwesterly prolongation of that certain course shomi ::s ": \arch 56° 42' 00" WcSC 48'j.90" in the Soath- wesLerl.y boundary of 'Trace 4003• as Shocm on a trap filed in • Book Ii %r). page i3 Llu:our4; 1:9 inclusive of S %:id ';iSUC]A,1neous Maps. Said poiint'. befny; North 550 4.8' Z5" W(SL 60.01 feet as measured .11011' said NOZLl1t1escer1y prolongation front the most WCSCetly corner of said tract; 46. c h : n c c North 13° 34' 13" West 1063.53 feet to U.S. Bulkhead Station Xu:abcr 131• as shown on a map of Newport ;'.ay. Califoi:nin shnwin; harbor line::, aphrnVed by the War Departt;tont Pcbruary 1'i • 19 S'I : 47. Lhcncc• NotYh 200 43' 1G" East 22.'!5 fvcc; 4Y. Lhcncc Nurch 35° 51' S6" l:aSti 4 2':.05 feet: 49. ehruco i•:oelii :340 49' "17" F3SL .12:il.60 fcec: 50. Llunec• CoUL11 59° 02' S: ?" 1ias L' S64.S5 LcuC; 51. droner: Nurch 73° 45' 15" Last 728.50 feet to the point of bbl ;inning. -2- BK 1 1376rc 1687 BK 11376rc 1688 ..:;: i(I'f 1. ;(i; 'I'i :!•.;1;C1�IlG;i Lhu : :�� cc rL:lin n.1rc��l;; .1 +� :.rri,ln�,I in L!tr :;cvc: nta: Iu +� :;ud�.rrr, is Lo Gruund L.o .):,c be Lm, cu The 1 rvL1r COMIM ry and I:.wk L :y V:irk recorded FC61 -nary 24, 1966 . in 1>001L 7850, page 379 of Official Rccurds of :;:}id Or:ulgc County. ALSO i-.%,n''n.\ :(; '1'11EXEFROM that purti.on lying within 'Trace 5361, ns shb > :n un .l rtap filed in Book 190, pages 41 and 48 Of Said Miscell:nwous Maps. Pare. l 2 ' :1t Lhu t;nutlherly or Cvor :.c• No. 7 described in P:treel. 1.:i1,uvc; Limner: Nnrt.h 200 43' 31" fast 500.90 feet along ':aid coutcc; tllImce North 690 16' 29" West 444.73 feet, more or less, to the Ordinary High Tide line, as described in the final decree "IlCered in Case No. 20436 Superior Court of said County; thence Southerly along said Ordinary High Tide Line following tale varioU6 courses therein to a line bearing Noah 54° 37' 19" West from a point on Course No. 6 described in Parcel 1 :.bovc distant thcrcon South 59° 00' 32" west 1,00.00 feet f:rnc: tho Northerly terminus of said course; thence South 54° 37' 19"East 375.40 feet, more or less, to said Course No. 6; Lha-rn:e North 59° 00 32" East 100.00 feet to the point of beginning. • Parcel 3" , Cournluc i.ng at the >ou LIwrl.y tcrmilals of .Course No. 11 des- cribed in Parcel. 1. above; thi-ticc Noi:th V 36' 50" Wt•:rt 582.42 fool :1101,; Sn.i.d nxu:50 to Lill! 'True POilit of L'ry; inning; thence cunti.nuin,; North ii' 36' 50" West 450.00 feet; thence South 81° 23' 1.0" West 193.60 feet; thence South V 36' 50" East 450.00 feet; thence North 81° 23' 10" East 193.60 feet to the True Point of Leginning. Parcol 4 L'eginni.n„ at the Westerly terminus of Course Nn_ 22 described 41 Parcel 1 above; thence North 73° 02' 11" East 5736.46 feet along said course; thence North 16° 57' 49" West 250.00 feet; thence North 73° 02' 11" East 320.00 feat; North 9° 36' 05" East 229.84 foot to a point on the Southerly boundary of the land described in the deed to Che NcwpOrL narbor Union High School recorded in Look 7578, page 670 of Official Records of said County, said point being on a non- t:ngenL curve con- cave Southerly having a radius of 2000.00 feet, a radial to • said point bears North 0° 45' 32" East; thence Westerly 782.32 .feet along said curve through an angle of 22° 24' 50" to the Southwesterly corner of said land; thence North 22° 30' 52" West 50.01 foot along the SOUL hwCSCCrly boundary of said land to a point on n non- cang,:nt curve concave SOULhc.isLcrly having a radius of 20.50.00 feet and concentric with said 2000.00 foot :`ldius curve abovC described, a r:1t1i.:11 LO s:1id point bears North 21° 40' 33" ldvtiL; Chance SouthweStorl :y 224.111 feet alone, :::1i.d curv0 thr0u; {h an :;n},L.• of 6° IS' 52"; Unvrc SOULh 62° 43' 35" W sL 331.71 C, uL Lo the bvy;iuni.0 {•, of :1 curve coac:rve North - 1J�tiC'1'1� Ili1V1U;' :1 1aµ11 q!; Of 1550.00 J.COL; Lhanav SOULIOWSCVrly 609.e,9 .feet anon; said curve L11ruu;;h an awj(, of 22° 32' 41" Lo the P:asL,•r1y huundary of Ch'. 1:1101 dr.; ari i,cd in Lill, dc1:d to Alvin S. Cu:: ri-eurdrd in Boole '.:039, 1)ap,0 225 of :;.rid Ol ;.icial Records; LlrCncc South 10 58' 08" Wcsi: 7.94 .Lone al.on, said L:1s C, +rly boun&ry to an an;,lc point ulwrcin; thence South 40° 37' 44" Wcsu 70.00 f.uet alunl; the SoucheasLeriy line of said land to the Suutherl.y conn:r of said land; thence North 49° 22' 16" West: 83.a8 feet along the Southwesterly line of -3- a� ! 1 376 1689 said land to a poi.ut . on a uou- tangent curve concave Northerly having :t radius of 1550.00 feet and boir.i:'thu continuation Of [ho cure..: l:u;t ab'rvc de::Cri.bQd, a radial to said point South 10 20' 22" I;asL; Lhenca. We:,ur:1y.257.39 feet :tlotii; :.;till cin'vc thtoo ;;I, :Ili :.a ;•.la of 9° 30' 52" Lo the Iias LCl:ly boi;od.iry of. the land described in Ci'tc . deed to Ceurgc M. 1101at(in Ill r.-c0rd1.:d. Murc:h 21, 1951 in Book 2161, page 375 of said Olficial lt,:curds; thence aloe; the boundary of said land the following courses and dist:mce;:: South 1.3° 37' 1 +1+" W-•::L 162.20 fret to L w Southerly corucr of said land; North 49•' 22' 16" West 705.00 feet to eh.: beginning of n curve•, Co:tcrtvo Sun:au/r::tcrly havin;• a r:ntlius of 818.25 feet; NuIItllwe. ::(01:17 i0l. 15 fc,:L nlni�;,. :::lid curve t1lr0o ;!,0 an anp,lc of. ..I° :30' 00" to the SoilLh, rly co:'ncr of LI: l.:n.l d(s Cri.h,gl in Lla: de"d Lei F'. Roy Grocnl.,aC, Jr. , rec Vt'd(7(1 .Iul.y 23,. 1.951 ill Book 1201, pair 1')() of s:ii.1 0f1`ici.nl Record::, said conic:' being the b(, {iuni.u;; of a r(v(c: :c ctn'vc cone -'tvc Northeas LCrly having a r.:idiw; o1: 600.UU feet, a radial throui;h said point bears North 19° 07' 46" East; thence alunt; the Southwesterly • boundary of said land of Greenleaf the following courses and disttvuc:s: NorthwcsLerl.y 193.73 feet along last mentioned curve throu;;h .vn angle of 10° 30' 00" to the beginning of a reverse curve concave Southwesterly having a radius of 1000.00 feet; Northwcsterly 401..43 feet along said curve through an angle of 23' 00' 00 "; North 753° 22' 16" West 333.50 feet to the beginning of a curve concave Northeasterly having a radius of 800.00 feet:; Northwesterly 364.96 feet along said curve through all angle of 28° 08' 13 "; North 490 13' 58" Wcst 52.06 feet; thence le:eving said boundary and continuing Aoi;h 49° 13' 58" wesL .20.33 feet to a point in that cer'.'aiu course in the Southcat tcrly boundary of Parcel 102,1 described as "South 48° 31' 06" WcsL, 310.32 feet" in thr (!cod to Lh(- Or:un,:c County Florid Control District ):(:corded \nv- 1. ;:,vr 6, 1961 . to ISouk 5906, patsc. 516 of said Official ILceurdS; Ltmnce South 49° 2U' U8" WCSL 56.95 feet to the Southwesterly terminus of said course .tad the bc;;iuning of a curve in said boundary concave Northwesterly having a radius of 2060.00 feet; thence Southwesterly 881.06 feet along said curve through an angle of 24' 30' 19 "; thence South 73' 50' 27" West 439.09 feet along. the Southerly boundary of said parcel and its Westerly prolongation to the beginning of a • curve concave Southeasterly having a radius of 940.00 feet; thence Southwesterly 649.28 feet along said curve through an angle o2 39* 34' 3.1" to an intersection with Course No. 14 described in Parcel 1 above; thence North 89° 35' 25" East 2347.41 feet along said course to its Easterly terminus; hence a'l,onr. COLIr:XS 15 through 21 inclusive described in Y:nrccl. 1 :above thr followin,; courses and di.szances: South 60 36' 52" E.v:t 497.0U focL; :;ouch U' 59' 40" last 497.00 feet; South 58' 37' 32" We%t 497.00 feet; South 88° 26' 42" West 2001.68 feet; South 73° 02' 11" West 474.99 feet; South 80 37' 19" WtaL 35;.89 feet; South 57° 48' 33" East 502.02 feet to the point of beginning. - 4 - it 11376'c 1 690 - 5 - :,t Liu, Southerly terminu.,: of •nlirsc No. 31 dcs- c 1, j. 1), P:ir(( 1 1. above; Ll)(-n(,(-- South b10 18' 39" (Cast 12'9.01 fc c L ; L I I (al (- Q NO ;7 L 11 69° 39' 00" 1(,ISL fvuL; thcncv South P,()' I-V 00" E:IsL 238.01. fl-OL; Llience NoYLII 66' 12' 00" E;iaL 139.00 fOuL; L11011cO SOCILII 88* 47' 00" East G2.00 Fec L ; LIICII(:c No)!Lll 470 05' 00" East 100-00 fLct; Lhunci- Nu-'I-h bCjo 00' 00" Eat;u 66.00 f•cUl LIIC'nc(' South 470 52' 06" •'.a❑L 273.00 fCCL; Clicilce. S(,LlLh 770 20' 00" East 118.00 ILL-L', Lh,11CO No-'tli 74' 15' A" Eo.SL 414.01 f CC: t ; tieiice South 760 ( 18' 001, LaaL 93.00 fecL; thence South 49* 45' 00" V..IGL 102.00 I'CLL; thence SOILII 18* 53' 00" EasL 276.01 feet; thence SOUL]i 1470 05' 00" EaSL 230.01 feet; LIWrcC SOULII 2'1* 52' 00" Ea5l. 209.01 fuuL; L11crILU SUULIi 42' OW Or" East 238.01 fecL' L11011C6 South 580 45' 00" Xast"151-00 feet; thencu SOULh 50 02' 00" FasL 135.00 fucL; :hence South 290 25' 00" Eiji;L 88.79 f0CL to a point on NortAliveSLUrly right of way lino of jamhorce Road, 132.00 f,:(:L in LqidLli as dc:icribud in L11C i1ced Lo the City of NewporL BC-Ich, • recorded juiic 17, 1966 in Book 7964, jm;e 631 of Official I)OIIIL bUill;� 01 a Rv(:ordS or jid (;()kjnay, -.:lid I non-Langunl: curve concave• N()rLhWU8LCl'lY IVIVill" il 1!aJijis of 5950.00 fUCL, a radial to Said poiLIL bears SuuLii 560 27- 03" EISL; Llience Nortliea:;aPrly 646.61 fCjL along; said curve and along said right of way lill(! Chlough all angle of 6* 13' 35"; thence North 27° 19' 221" Hii::C alokig said ri)'IIL Of Way line 355.94 -Cut to LIIC SooLIi(-ijy corner of Lot 3 of Tract 5425 as shown on a map filed in Book 199, pai;c% 1 and 2 of Miscel- lanuous Maps; Lhunce a1011- the SOULIlUl!lY boundary of said tract the followiii.- courses and distances: North 620 40' 38" West 116.82 feat; South 74' 30'47" West 134.75 feet; South 64* 25' 47" WLSL 136.50 feet; South 75°42' 21" West 65.00 feet; North 16* 56' 12" West 10.00 feet; South 870 28' 20" West 65.75 feet; North 570 39' 46" 1•!eSL 95.23 feet; North 26* 59' 05" West 476.12 feet; North 3* 55' 05" West 106.08 feet; :worth 360 33' 07" West 134.75 feet; North 240 55' 00" 14CSL 129.52 feet; North 400 06' 19" West 259.96 feet to an an.-le point in the boundary of Tract 5877 as shown on a map filed in Book 218, pages 10 through i3 inclusive of said Miscellaneous Maps; thence along the Southerly and Southwesterly boundary of said tract the following courses • and distances: South 81* 05' 38" WesL 151.77 fCCZ; North 820 41' 02" WUSL 314.55 feet; North 53* 54' 16" West 292.03 feet; NOYLh 21* 56' 24" EZISL 166.01 feces; North 26* 03' 15" West 132.00 feet to all anglu point in the boundary of Tract 5435, as shown on zi In-li) filed in Book 200 pages 17 through 21 inclo.5ivc of s;ij.d Mii:celIaneOu:: Maps; Liencu along Lh(J SOULIMuSLerly.bMiodury of %::id tract the following. courses 1) distances: North 26* 0.3' 53" West 7-33 fcCL; NofLti 620 .111(i 1 23" WusL 605.60 feet; North 310 40'.54" Wcs(: 74.60 fuet; 14' South 58* 09' ()2" Wiest 68.81 feet; S0ULh 43* 13' 05" WCSL 30.00 f(•CC; NOCLAI U* 46' 55" W(:SL 167.81 fCLL to a polilL that bears Nol:L[i 480 13' 05" East from Station No. 45 of said Ordinary High Tide Line as shown on said map of Tract - 5 - a BKi 1376PCt 691 :,•4::'i; Lhar.,ce :;oath 11:i° l:; O'i" Bove ".2:. ICuL to „aid SLaLi.on \o. 45; Zhencc SOUL11 0" 06' 12" Kest alonL said Ordinary lli;;h 'fide Line 1525.50 fe?t to Station No. 44; thence Souiil 50° 37' 53" West 139...32 feet to the point of bL- 8Inning. EXCEPTING 'r11ER'-FPCM, Lhat certain pump sl:i.tion described as Parcel 3 in Lhe decd recorded in Book 8375, pagct 787 of r;Aid Offleial Records, more prcrticularly described as Gn:uiacnci.nl; at n poinL on Lii:: center Iinc of .Ja;.1ootCe Road, 1.00.00 feel- wi.L;r, as doscti.bcd in LLe deed to the Couury of Orange rccordod in hook 4110, page 10 of Official kecer" , said poi.n.L brim; the \orLhcastr.rl.y rerwinkis of that Certain curve dcSCr_ bed in said deed as being concave Northwesterly and having; a r.vl;.us of 1200,00 feet, an are length of 338.92 feet and an :111;jL at 16° 10' 56 "; thence North 26' 24' 35" East 29.3.61 feeL nlon;; said center line; thence North 63° 35' 25" Went 50.00 %ceL Lo the TRUE 1'OINIT OP B:.G'iNNING on the North- westerly rrl;I:L o;; way line of s::id .7niii!)orce Road; thence con - Linui.ny, North 63° 35' 25" WcsL 100.QU EQL'L} thence North 26° 24' 35" Ear.t 50.00 f('ct; thence Solidi 0" 35' 25" Ease 100.00 foot to said NoaCthiwesLerly right of way lin(,; thence South 26° 24' 35" Wort 50.00 roue along said right of way line to • the TRUS POINT OR BEGINNING, DATED: COUNTY OF ORANGE By Chairman of its Board of Supervisors ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Board of Supervisors of Orange County, California BY •Deputy STATE OF CALIFORNIA) ) ss. COUNTY 01•' ORANGE ) On this _ day of , 19,, before me, a Notary Public in and for said County and state personally appeared , as Chairman of the Board of Supervisors of Orange -6- I/ BN 11376M 1692 County, California., who is known to me to be the person described in end whose name is subscribed to the within instrument, and acknowledged !n me l.hist he, aanUNlaA the fain on behalf of naid County of Orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n LJ -7- WTILN RECORDED MAIL TO: aK 1 1376-Ic 1693 —' Spac ove s L po l'or kocor ore Uso Only . 4 ' QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby .. acknowledged, COUNTY OF ORANGE does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE IRVINE COMPANY, a West Virginia corporation, all rights in the real property received by the COUNTY OF ORANGE from THE IRVINE i COMPANY by virtue of that certain Corporation Grant Deed recorded?` • February 27, 1969, as Instrument No. 16855 in Book 8886, Page 947,„ Official Records of Orange County, California, described ass. That portion of Block 54 o; Irvine's Subdivision in the City of .. :M Newport Beach, County of Orange, State of California as shown on a map filed in Book 1, page 88 of Miscellaneous Record Maps in ' the office of the County Recorder of said County together with ' that portion of Lot A of Tract 5361 as shown oa a map filed in Book 190, pages 47 and 48 of Miscellaneous Maps in the office of said County Recorder, lying Northerly and Northwesterly of the following described line: • - Beginning at the Easterly terminus of Course. Number 41 described as "South 83° 47' 06" West 1584.65 feet" in Parcel 1 in the deed to the County of Orange recorded in Book 8885,page 409 of Official Records of said County; thence along Courses 41 through 45 as described in said - deed, the following courses and distances: .e South 83° 47' 06" West 1584.65 feet; South 59° 03' 06" West 263.24 feet; South 34° 19' 06" West 431.84 feet; South 39° 44' 06" West 1215.46 feet; South 20° 46' 56 ".' West 656.71 feet to a point on the Northwesterly prolongation of that cer- tain course shown as "North 56° 42' 00 West 489.90" in _ the Southwesterly boundary of Tract 4003, as shown on a map filed in Book 188, page 13 through 19 inclusive of said Miscellaneous Maps, said point being North 55° 48' 25" Wust 60.01 feet As measured along said Northwesterly pro- longation from the most Westerly corner of said tract. ' t fir,, • EXHIBIT 23 I _ - . :, • • aK 1 1376's 1694 DATED: COUNTY OF ORANGE By Chairman of e Board of upervieors ATTEST: WILLIAM E. ST JOHN County Clerk and ex- officio Clerk of the Hoard of Supervisors of Orange County, California By Deputy STATE OF CALIFORNIA) as, COUNTY OF ORANGE ) On this day .of , 19y, before me a Notary Public in and for said County and State personally appeared. , as Chairman of the Hoard of Supervisors of Orange County, California, who is known to me to be the person des- cribed in and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said County of Orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. —2— ' e. "U , e: [a v i:j .14 L,ornm.v u.• ,i u,o..gdsl Gl Ulrif70, DU NN F ClcUTCIIi.R Y'u 7'r;v)por(. Ccnt:ci Us. , aui.tn 000 I,f'trl,n, Y. Rea ehr C+l.l if . '.ilGLO Tc1T;I, 1011r 1714) G.44_20?1 After.-. Y(A fw Su.aa hnmw br ee. el C',oalot376PC 1695 FU]'1 1tI01< COU;TT OP CF.L.(MNIA, COU14TY Or..0)l!AM P)... , .. , , �slll•f liirili, MUINGII'M., er J.ria (Naem rd 1.lrurloipal er J.nlrea Court pr,.iucl or el b,onel, court. II any) pialmiDj:): The IrV.ine Company ) CA-,r NILHADrn 102 700 V. Dofand,dd(,): County of Orangn, et al RGOUnT POn DISFIOSSAL TYPG OF AOTION Voisonul Injury. Properly Damagy and Wrongful Death: n klolor Vchlce n Olhor ❑ Dprnnalic nolallorrs n Eminonr Domain n: oerer: (Speedy) De-_l:ara toxy.. r. oa i:c E .and.. damages TO THF- CLCnK: PMppe'dlIIniCiB Ihii::rntinn as follows: (Check apolieablo bozos.) ® L hj V6111 prejudice [3 Without prejudice 2. Al Lnliro aclion D Complr:inl mNY (] Petition only [3 Cross - complaint only F.] Other: Ispccily)' GIBSON, DUNN 6 CRUTCUER Dates....................... ....................... 11,}' 0 'd d.n; fnl ,enu"'Cil is or,prcded o le: one or aPrrred, Anornoy(n) for.., The irvi rte. Company ............ envsns or action only rr of epee A:od vrossomWnlnla only. s a tale end idrdlrly the Pmpea, eaasoa of Actu,n or cfes3-con!plainla RIUCO TCSter to bn disrdcscd, (Type or plmt...11oreny(:) nome(s)) KAPLJA, LIVINGSTON, GOODWIN, TO THE CLEn1C Corisenl to the above dcnirssal is hereby given... ULIiK 1'1 / AND el ,VTN . > ^(}. I. Dame .. AY L Orange "Who a e sD'comDin nr ID, nape av hr r art n.rF'.d null lu. AlloineY(s) for.. U 1nLy O Orange and Iva rr tp is on tic. Nn aitopmy(&) for tlis cr. cconmin'nret Oranryc COUnty lid C1�OC D1.5 tr3CL annnond,.np nivsi aion ,Ids cadaver wrmn rrauurd by UP sat(1)• (21 le (5). • (Typo or print anornoY(s) name(s)) _ (To be ooeipinled by Clerk) T1D1 s,nlsal cnle,od'at ;equnsed on ..........................._.........._............... ............................... 17 Mwnissul entered on • ......_ ........_ ................... • . as to only O Dismissal not entered as rtNaoatod for the following mason(a), and anornay(s) refilled on .... ............................... Clark Dated ... . ................. I......... ......... ...... f7Y.__... _._. --._. .(k•pu:y form Ad .... tro by pule 582.1 cep sal, ex.: M1, Tbn Judraaal aouncir -.r enole,nro REQUEST FOR DISL7ISSAL Cal. spin of aced; It*- .ud l lrceavo JmYi, 1912 aoN 1233 I ".XIMITT 2A s pp� 7r1. y p r. AMEINMIENT TO UPPER NEWPORT BAY SETTLEMENT AGREEMENT This Amendment to Upper Newport Bay Settlement Agreement (hereinafter the "Amendment ") is entered into between the State of California ( "State ") and The Irvine Company ( "Irvine ") as of the 12th day of January, 1976. RECITALS • 1. On April 11, 1975, Irvine, State and certain other entities entered into the "Upper Newport Bay Settlement Agreement for Transfer of Certain Real Property to the County of Orange and the City of Newport Beach, Jointly, and the State of California by The Irvine Company and for the Settle- ment of Pending Litigation" (hereinafter the "Agreement "). The Agreement was recorded in the official records of Orange County, California, on April 14, 1975, in Book 11376 at pages 1514 ff. 2. Pursuant to the Agreement, Irvine conveyed certain property interests in and around Upper Newport Bay to the State on April 22, 1975. 3. Paragraph 2.2 of the Agreement provides that payment of the $3,481,000 purchase price by State to Irvine for said conveyed property interests must be made in install- ments subject to certain other terms as to timing and amount. 4. Irvine and State desire to amend the Agreement in order to provide that the entire purchase price of $3,481,000 shall be paid during April of 1976. AGREEMENT The parties to this Amendment hereby agree that the Agreement shall be amended as follows: x A. Notwithstanding any provision of Paragraph 2.2 of the Agreement, the State will pay $3,981,000 to Irvine during April 1976 in full payment of the purchase price for those portions of Upper Newport Bay conveyed to State. by Irvine pursuant to the Agreement. B. In the event that the State does not pay the entire purchase price during April 1976,. this Amendment shall be void and of no further effect and Paragraph 2.2 of the Agreement shall remain in full force and effect. C. Nothing in this Amendment shall be construed to have any effect on any provision of the Agreement except the provisions of Paragraph. 2.2 which are amended hereby.. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. n ppAppPPFp O'fE0 AS TO F "rcS BAT APPROVED AS TO FORM: BY EVELLE. J. YOUNGER, ATTORNEY GENERAL f By 4 . Gre ay Deputy me General THE IRVINE CO_M/PA/NYY� STATE OF CALIFORNIA Approved: State of California Depa tment oflGe`nerjal Se i es By q ny; 4 Yia - 2 - TF, I 110!.'XT i� f .. ... . ,.' rK 07:^.irAL V ATrE.T: ay ...... . . . DUO' 01:1)11 o M. i) OF IF,S j;d' OF 0!,A;.;`;!: COU:.: !, CALIFORNIA, WiCi161 �W; TJN%,:S j,dlP,UANT TO 3 1t1_6VJ,6%1UE' AND 9 Ti .4 W!lERFAS, the County Counsel has apprised the Board of Super- 5 visors that in his opinion back and current taxes, nenalties, costs 6 and int:ercSL levied and/or collected in excess of the amounts set 71 forth on the attached Schedules A through D on the parcels described 6 on said schedules for the fiscal years 19697.70 through 1974-75 have 91 been illegally and erroneously levied and/or collected; and CO 4lfiliR$AS, the Board of Supervisors, by Resolution No. 74-1667, 111i approved the cancellation of any claims for back or current taxes ,, • 1211 penalties, costs and interest levied and/or collected in excess of 13 1, 11c amourLs set forth on the attached Schedules A through D 071 the 14 .'arcels described on said schedules for the fiscal years 1969-70 rl.'ziugh r. 1974-75; and 16 i RHEREAS, The Irvine Conillany, the County of Oranre, and certain 17 other parties have entered into the Upper Newport Bay Settlement Agree - 1; 18 j!. ment which is recorded in Book 111376, pages 1514 et seq. of the records 19 I, of the Orange County Recorder, whereby it was agreed thaWthe nro 20 rata portiou of the taxes set forth on Schedules A through D attribut- 21 able to the three islands in Upper Newport Bay in the amount of an .proxi- 22 mately $910,000 would be impounded by the County of Orange for a certain 23 period of time as set forth therein; and 24 WilEMAS, the Board of Supervisors, by said Resolution, era- 25 powered the Chairman and the Clerk Of the Board to execute, among 26 other things, any documents recommended by the County Cou6sel as neces- 27 sary to cause said cancellation of taxes, penalties, costs I and int erest� 28 NOW, THLREFORE, IT IS HER•BY ORDERED, Pursuant to California 29 Revcnae and Taxation Code SLctio;. 4936(n)(2) and Board of Supervisors .10 Xesoli_tion ':o6 74-1607 thaL all L,,XQs, Costs raid interest 31 for each of the yearn 1969-70 Lhroue, 1974-75, in excess of the taxes 32 set forth on the attached Schedules A through D (totallin $1,650,000), Ii.:Gc J LA 0 r 1 U w 0 2 3 4 5 6 7 a 8 9 t0 11 iI 12 13 14 15 ! tC a 17 19I' 20 21 22 I 23 24 251 26 27 28 29 30 31 32 n r which have been levied and accrued or have bepn collected on the par- cels cels described on said s:chcai,les, be cancelled. I'1' IS FUR'1M,Z OIWELRiD that- .010 nudieor- controller shall undertake the necessary actions to comely with this order and the pro- visions of Revenue and Taxation Code Section 4936, shall impound the said sum of Approximately $910,000 in compliance with paragraph 5.6 of the said Upper Newport Bay Settlement Agreement, and shall distribute ,the remaining taxes set forch on Schedules A through D when collected, to the governmental agencias entitled thereto. DATED: April /V , 1975, e I Zia. nti A. D..edr'i.ch, C airman Orange County Board of Supervisors i Consent is hereby given 'co cause appropriate action to be taken Pursuant to this order in accordance with Section 4965 of the Revenue and Taxation Code. ADRIAN KUYPER, COUNTY COUNSEL By '2 i DENNIS- .O'NEIL, CITY ,ATTORNEY. OF NE1,•1POR BEACH a i. s 2. k, J RL'•, C dP 3 11 ol l'. � o ... �..�u weeeeeee �� eowu e��.. :y ee 0.11:1 .. . . . . . . . . . . . . . . . . . . . . . . . . ,, � f l::L...w.Nr__...,.N,.nn_.ww..n. 1 . N 3 5 r P r urL 1 1 4 e a _ r f 1 av x `•,V_ w e s � • � Mir\ Y � I '` c • wx x v RAT V lie i TIRE V } \.. .. r.. • 0 O . . . . . . . . . . C, . al. I .00 Ot. 6 F ol J5 S I il I •J I � 1" r .Y t • �1. � 1. / � 4' 11 w II �: � •� 1 IINi 1 I' UC ouz.4 ou V I U oiJ O'a: iJ4 U I 0 U I 1 1 I ' �• IL O 1 Y)VV Ow 1 P V O< 1 0•. OS P• 1 H H H , N u A ' ' A•'I ''. V:ObV VbV AH 1 1.: �. I. P � u 4•v.` I: �. N N P V V ,a W M 1 O IY f: - OOUW•4V 1rO uMONN NI 1 .�LAH NNOHN�NO I .Ir I HM ' H 1 I (�} I I •SOfv f1^1 ' W H O N• K J• n'r I�V • NU � Ob N I:' � {f YV 4 Y O� uV N Y1} i ryO'w Hk31 MMip LO V ✓ N q H _ O 1 �V ` �� }1 U 1 FO u p >V „I O i• ft 1 I �n.V I O j 4 •• v C V M lil IV •N•• OGOGO{d NwO V Y P NN �p F44PP ; 1;. V )) Y P H u ' VVVjPVmVV 'NHP bbb VwV VAH P > V . � :':'•� ' V V N b V V P �� 1 i` V V V. b V V 1 _ N t 1 N U IIN Oyu �P N MPrV ti 4+ uN�PU N • F IY P P , P P V V G n = ^ W .. • I-• r r p P :• Y r � P� O P P V u N / 1 ' O�O� FrOOU , PC wPW PN� V M:nNOV NIA• V p ..� ............ t 1 IN I N • i"il . N'• YIa IVO � _ j hh% I O NNVN C 6'6 n. f� n. •� Y 1 t10 Y�vv � .1 N N' •4 W�✓ 114 •••av Y4) N 1q i��. In.. n�4 q MC YN a. Ua NH H'4 .� M' 1 ' IN ON M n n 6 6 y - 'OC d u 1 N 1 4 �� • FO NlY P�•-r .y I V N4 JO >i He I" it dill 3I S 6I' -7h .H 9' l0 .11 � 12 13 14 1S, 16 17 16 19 20 21 22 • 23 24 25 26 27 28 3 3 3 7: w; 0 LI (11' 1 H; I)AHn QI : COUNTY, PUl'4:1L)A:!T ',JI N::V!...I.:: A::U 'TAilali.if- :lijj' +�'i':.Ui:. 1199?, W111iRi1/1S, . the property d^_scribcd on the County of Orange 1969 -70 Secured Tax Boll as Assessor's Parcel HGS. 440 - 181 -02 through 440- 181 -}i6, 1 1 .inclusive, w.is cold to the State of California on June 30.,..1970, for , non - payment of the 1969 -70 taxes levied anhinst said property; and f WHEREAS, the Doard of Supervgsors, pursuant to Revenue and Taxa- tion Code Section 4986(a) 1,2), by Board Resolution No. 74 -1667 and writt" order dated _[j/',•',r� 1975, Seas ordered the cancellation of all back and current taxes, penalties, costs and interest levied and /or collected in excess of prescribed alounts on said parcel% for fiscal ! j years 1969- 70.through 1974 -75; and WHERLAS, all. back and current taxes or. said parcels in the amounts•`. prescribed in said cancellation order have been paid and all delinguoncl" l• have, therefore, been discharged as the result of cancellatioa,`ia paF-h,. - -. and payment, in part; and - WHERIiAS, tlic Chair;can of this Board has been empowered by $oard ... Resolution No. 74 -1667 to execute, among other things, any documents • ;C •- a ; recomaendad by the County Counsel as necessary to effectuate the tax-,. o- actions which are the subject of said Resolution; , Y NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to- Revenmt and ! ,T Taxation Code Section 4992, that the following certificates of sale j l relating to the following :.psessor's Parcel Nos. be cancelled: , 1969 -70 Assessor's Parcel No. Certificate of Sale No. 440 - 1.01 -02 214167- 440 - 101 -03 224334 �- 440- 181 -04 216310 440 - 151 -05 210453 1 jI 440- 181 -06 214437 i A. 440 - 181 -07 217398 ! 440- 181 -08 210,184 i 440- 181-09 224455 ! • J! 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1969-70 _,Ccrtiri ate or, Sale No. 440-181-10 225206 440-181-11 210346 440-181-2.2 538337 440-101-13 210496 440-181-14 220539 440-181-15 539446 440-181-1G 220540 IT IS FURTHER ORDERED that A.,tertified copy of this Order shall be recorded with the County Recorder. IT IS FURTHER ORDERED that a copy of . I this Order shall be filed with the County Auditor-Controller for appro'riate notations on Lha.dolin-; quent tax abstract records. DATED; f?p,' , i j_ lJ, /I/ I APPROVAL RECOL1MZNDZD% 11 n Ku per, County Counsel 41 Cn,,Irman, urange coAnty Board of SUP6;rvisord, CJ 11 2 3 4 5' 6 7 8 9 10 11 12 13 14 0 0 15 iw o„ w 16 W`V 18 19 20 • 21 22 23 24 25 26 27 28 I 29 30 31 32 ^PC : cn ADRIAN KUYPER., COUNTY COUNSEL and THOM4S P. CONROY, DEPUTY 515 North Sycamore Street P. 0. Box 1379 Santa Ana, California 92702 Telephone- (714) 834 -3300 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, on behalf of the People of the State of California, Plaintiff, Vs. THE IRVINE COMPANY, a West Virginia corporation; MARY C. BAYLESS and JOHN CONNELL,as Trustees under that certain unrecorded Declaration. of Trust dated February 27, 1950, and MARY C. BAYLESS, as Beneficiary under the Trust above mentioned; JACK BEVASH and KATHERINE BEVASH, husband and wife, owners, and STAN-SHAW CORPORATIUN, a California corporation, as Trustee under Deed of Trust recorded in Book 6566, Page 915 of Official Records of Orange County, California, and JOHN F. BUTLER and IRENE M. BUTLER, husband and wife, as Benefi- ciaries under the Deed of Trust, above mentioned; DOVER SHORES COMMUNITY ASSOCIATION, a California corporation;-STATE OF CALIFORNIA; and DOES. I through XXX, inclusive, Defendants. E No. SUMMONS ON COMPLAINT FOR INJUNCTION AND TO QUIET TITLE TO DEFENDANTS THE IRVINE COMPAAPf, a West Virginia corporation.; MARY C. BAYLESS and JOHN CONNELL, as Trustees under that certain�urwecorded Declaration of Trust dated February 27, 1950, and MARY C. BAYLESS, as Bcoeflciary under the Trust sbov� ;aantioned; JACK BEVASH.alad KATHERINE L. /' II 11 2 3 4 5' 6 7 8 9 10 11 12 13 14 0 0 15 iw o„ w 16 W`V 18 19 20 • 21 22 23 24 25 26 27 28 I 29 30 31 32 ^PC : cn ADRIAN KUYPER., COUNTY COUNSEL and THOM4S P. CONROY, DEPUTY 515 North Sycamore Street P. 0. Box 1379 Santa Ana, California 92702 Telephone- (714) 834 -3300 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, on behalf of the People of the State of California, Plaintiff, Vs. THE IRVINE COMPANY, a West Virginia corporation; MARY C. BAYLESS and JOHN CONNELL,as Trustees under that certain unrecorded Declaration. of Trust dated February 27, 1950, and MARY C. BAYLESS, as Beneficiary under the Trust above mentioned; JACK BEVASH and KATHERINE BEVASH, husband and wife, owners, and STAN-SHAW CORPORATIUN, a California corporation, as Trustee under Deed of Trust recorded in Book 6566, Page 915 of Official Records of Orange County, California, and JOHN F. BUTLER and IRENE M. BUTLER, husband and wife, as Benefi- ciaries under the Deed of Trust, above mentioned; DOVER SHORES COMMUNITY ASSOCIATION, a California corporation;-STATE OF CALIFORNIA; and DOES. I through XXX, inclusive, Defendants. E No. SUMMONS ON COMPLAINT FOR INJUNCTION AND TO QUIET TITLE TO DEFENDANTS THE IRVINE COMPAAPf, a West Virginia corporation.; MARY C. BAYLESS and JOHN CONNELL, as Trustees under that certain�urwecorded Declaration of Trust dated February 27, 1950, and MARY C. BAYLESS, as Bcoeflciary under the Trust sbov� ;aantioned; JACK BEVASH.alad KATHERINE L. U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Wt 15 �o Why 16 ;off: 0 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 BEVASH, husband and wife, owners, and STAN -SHAW CORPORATION, a California corporation, as Trustee under Deed of Trust recorded in Book 6566, Page 915 of Official Records of Orange County, California, and JOHN F. BUTLER and IRENE M. BUTLER, husband and wife, as Beneficiaries under the Deed of Trust, above mentioned; DOVER SHORES COMMUNITY ASSOCIATION, a Califor- nia corporation; STATE OF CALIFORNIA; and DOES I through XXX, inclusive: A civil complaint has been filed against you and all other persons unknown claiming any right, title, lien, estate or interest in that real property hereinafter described adverse to Plaintiff's interest ownership therein, or any cloud upon Plaintiff's title thereto. If you wish to defend this lawsuit you must-file in this court a written pleading in response to the complaint within 30 days after this summons is served on you and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof situated in the County of Orange, State of California, more particularly described in .Exhibit A attached to the Complaint and served herewith. The object of this action is to enjoin interference with and quiet title to a public easement for recreational use of land in and around Upper Newport Bay and for ingress and egress to said land. If you fail to answer this summons within such time your default may be entered on application by the Plaintiff and the court may enter a judgment against you for the relief requested in the complaint. YOU MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THE COMPLAINT OR THIS SUMMONS. SUCH ATTORNEY SHOULD BE CONSULTED PROMPTLY SO. THAT YOUR PLEADING, IF ANY, MAY BE FILED OR ENTERED WITHIN THE TIME REQUIRED BY THIS SUMMONS, _.,...DATEDt' JUL 141'312 y�• c, e�': WILLIAM E 3 ST JOj 1, le k !/ s; f17+�:dx By i e ut 6,j��• NOTICE TO THE PERSON SERVED You are hereby served on behalf of THE STATE OF CALIFORNIA Under: Public Resources Code Section 6308. a. 2. k I) ADRIAN KUYPER, COUNTY COUNSEL and THOMAS P. CONROY, DEPUTY 2 515 North Sycamore Street P. 0. Box 1379 3 .Santa Ana, California 92702 4 Telephone: (714) 834 -3300 5 Attorneys for Plaintiff 7Ij 8 9 10 • 11 12 13 W. 14 15 'oo 16 o' a 17 V 18 19 20 • 21 22 23 24 25 26 27 28 29 30 31 32 rpc.wn P'0".r FILER JUL 14 1972 WILLIAM E. $1" JOHN, C4" CIMI By VOPad SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, on behalf . of the People of the State of California, Plaintiff, Va. THE IRVINE* COMPANY, a West Virginia corporation; MARY C. BAYT•_i' -SS and JOHN CONNELL, as Trustees under that certain unrecorded Declaration of Trust dated February 27, 1950, and MARY C. RAYLESS, as Beneficiary under the Trust above mentioned; JACK BEVASH and KATHERINE BEVASH, husband and wife, owners, and STAN -SHAW CORPORATION, a Califor- nia corporation, as Trustee under Decd of Trust recorded in Book 6566, Page 915 of Official Records of Orange County. California, and JOHN F. BUTLER and IRENE'M. BUTLER, husband and wife, as Beneficiaries under the Deed of Trust, above mentioned; DOVER SHOZES COMMUNITY ASSOCIATION, a California corporation; STATE OF CALIFORNIA; and DOES I through XXX, inclusive, i Defendants. No. //14;L`7S COMPLAINT FOR INJUNCTION (INTERFERENCE WITH EASEMENT) AND TO QUIET TITLE FIRST CAUSE OF E.CTION (INTERFERENCE WITH EASEMENT) Plaintiff alleges that: 1. r 9 3 C C 1 I 2 At all times herein mentioned, Plaintiff County of Orange has been 3 and is a political subdivision of the State of California. 4 5 II 6 Plaintiff brings this action on behalf of all members of the public 7 and on behalf of itself. 8 9 III 10 The.Board of Supervisors of Orange County has authorised and • 11 directed that this action be commenced. 12 13 IV 14 Defendant State of California is named as a Defendant herein 15 pursuant to Public Resources Code Section 6308. 16 0 17 V 18 Defendants Does I through XXX are persons whose names are not 19 presently known to Plaintiff, but who are acting individually or in 20 concert with Defendant The Irvine Company, a corporation, to engage. 21 in the acts complained of hereinafter. Plaintiff will amend this • 22 Complaint to set forth the true names of these persons when they are 23 ascertained. 24 25 VI 26 Defendant Irvine Company, a corporation, is the owner of various 27 parcels of land, described in Exhibit "A," attached hereto and incor- 28 porated herein by reference. All the said land is entirely located 29 within Orange County, California. 30 31 VII 32 The public has an easement for ingress, egress, and for general n en • �. r 1 recreational use over all portions of Defendant's land which is described 2 in Exhibit "N' attached hereto. 3 The said public easements were established by usage by members 4 of the public as if the land were public for more than five years 5 continuously without license from the owners. There has been approximate 6 50 years of such usage. 7 The public has made open, continuous, and uninterrupted public 8 recreation use of the real property described herein, with full knowledge 9 of the landowner and predecessors in interest, without asking or receivin; 10 permission to do so and without objection being made by anyone, and with • 11 the belief that the public had the right to so use the said land. 12 Said usage of said real property was for a period in excess of 13 five (5) years immediately preceding the commencement of this action, 14 and said usage was for approximately 50 years.. oW; 15 The said public recreational use consists of walking, picnicking, "W 16 bird - watching„ fishing, wading, shell - gathering, hunting, sun- bathing, 17 painting, and uses similar and related to these. 18 19 VIII 20 Defendant Irvine Company, a corporation, has wrongfully and unlaw- 21 fully excluded the public from portions of the area of the public ease - 22 ment., described in paragraph VI and VII of this Complaint,, and Defendant 23 continues to so exclude the public, and threatens to do se in the future, 24 unless enjoined by the Court from so acting. Said Defendant has erected 25 fences across portions of the land involved, which abuts or is adjacent 26 to public streets, thereby hindering and.preventing members of the 27 public from passing over and using said lands pursuant to the public 28 easements, aforesaid. Said Defendant has posted and continues to have 29 posted portions of said land with signs declaring that the lands are 30 private property and stating.that no. trespassing is allowed. Said 31 Defendant has employed guards to keep members of the public off the 32 land aforesaid, and the guards have prevented members of the public 3. • • r 6 7 8 9 10 11 12 13 14 W 15 y0y C "y 16 e o° o 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r�an•i from using portions of the public easements hereinabove mentioned, and the guards will continue to do so in the future unless Defendant .is restrained by order of the Court. All these acts by Defendant began to take place after the public had already acquired full rights to use the said real property and all these acts by Defendant are in derogation of the public's rights in said land as set forth hereinabove. . IX Because of Defendant's wrongful acts, aforesaid, Plaintiff has suffered and will suffer great and irreparable injury, because public use of a public recreational area is being cut off. The public is unable to conveniently use the area being blocked and the public is now and will hereafter be unable to use the public easements, aforesaid, for the purposes described in paragraph VII of this Complaint, due to Defendant's fences, guards, and signs, aforesaid. It is impossible to state this loss in monetary terms, and it is not capable of redress in an action at law, inasmuch as Defendant and its agents are allowed to use this area in the same way as the public, but not to the exclusion of the public. SECOND CAUSE OF ACTION (QUIET TITLE) Fora Second Cause of Action, Plaintiff alleges that: I Plaintiff repeats each allegation of paragraphs 1, II, III, and lV of the First Cause of Action. II The public has an easement for ingress and egress and for public recreational purposes over the real property of Defendants, (except State of California) in Orange County, described in Exhibit "A," attached hereto and incorporated herein by this reference. 4. C .v t IYY 2 Defendants claim and assert an interest in said real property 3 .adverse to Plaintiff, and the claims of said Defendants are without 4 any right whatever, and said Defendants have no right, title, estate, 5 lien, or interest whatsoever in said real property which is inconsistent 6 with Plaintiff's interests. 7 8 WHEREFORE, Plaintiff prays: 9 ON FIRST CAUSE OF ACTION: 10 1. For an injunction ordering Defendant The Irvine Company, a • 11 corporation, its agents and servants, from interfering is any way with 12 the public use of the property described in the Complaint. 13 14 ON SECOND CAUSE OF ACTION: o 15 2. That the adverse claims of Defendants be determined by decree Duo ;.w 16 of this Court and that said decree declare and adjudge that Plaintiff' o; 17 is the owner of the herein - described easements, and that Defendants is have no estate or interest in said real property adverse to Plaintiff's 19 interest. 20 3. For costs of suit incurred herein. 2.1 4. For such other relief as the Court deems proper. • 22 23 DATED: r T , 1972 ADRIAN KUYPER, COUNTY COUNSEL 24 and THOMAS P. CONROY, DDEEP,U'T,Y� Q B y 26 omas P. Conroy, Deputy 27 Attorneys for Plaintiff 28 29 30 31 32. n ee i -i 5 • LJ 1 2 3 4 6 7 8 9 10 11 12 13 14 :; 15 00 V ib �_: o n is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PC :wm 11011.1 PROPERTY OF DEFENDANTS Mary C. Bayless and John Connell, as Trustees under that certain un- recorded Declaration of Trust dated February 27, 1950, and Mary C. Bayless, as Beneficiary under the Trust above mentioned: That portion of Tract No. 706 as per map recorded in Book 21 at page 25 of Miscellaneous Maps, records of Orange County, California, which is included within parcels F and E on sheet 6 of the attached maps and survey descriptions. EXHIBIT W -1 i I PROPERTY OF DEFENDANTS 2 Jack Bevash and Katherine Bevash,'husband and wife, owners, and 3 Stan -Shaw Corporation, a California corporation, as Trustee under Deed'of '4 Trust recorded in Book 6566, Page 915 of Official Records of Orange 5 County, California, and 6 John F. Butler and Irene M. Butler, husband and wife, as Beneficiaries 7 under the Deed of Trust, above mentioned: g 9 That.portion of Tract No. 706, as per map recorded in Book 21 at 10 page 25 of Miscellaneous Maps, records of Orange County, California, • 11 which is included within parcel F on Sheet 6 of the attached maps and 12 survey descriptions. 13 14 Y a , 15 J YVu ;> 16 t oa 17 18 19 20 • 21 22 23 24 25 26 27 28 29 30 31 32 PPC :wm EXHIBIT "A" - A • I� I1 u 0 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 V00 16 o =. 'o 0 17 V 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .*PC: wm 1 PROPERTY OF DEFENDANT Dover Shores Community Association, a California corporation: That portion of 'Lot D in Tract No. 4224 as per map recorded in Book 157, pages 1 to 14 inclusive of Miscellaneous Maps, records of Orange County, California, which is included within parcel I on Sheet 2 of the attached maps and survey descriptions. EXHIBIT "A" - 3 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 : 15 g 16 �0 17 18 19 20 21 • 22 23 24 25 26 27 28 29 30 31 32 ?C:wm o,.,.., PROPERTY OF DEFENDANT THE IRVINE COMPANY, a West Virginia Corporation All the property described on the attached maps and survey descrip- tions, except those parcels described as the property of the other Defendants in this Exhibit "A." 9 EXHIBIT air -4 • • 1 PROPERTY OF DEFENDANT T11E IRVINE COMPANY 2 (THREE ISLANDS IN UPPER-NEWPORT BAY) 3 4 Three islands located .in Upper Newport Bay, shown on the government 5 plat on file in the District Land Office and dated June 30, 1890, as 6 follows: 7 Upper island, which is shown as Lot 1 of Section 23, containing 8 approximately 17.17 acres; 9 Middle island, shown as Lot 2 of Section 23 and Lot 1 of Section 26, to containing 34.93 acres and 1.67 acres respectively; 11 Third island, also known as Shell Maker Island, shown as Lot 1 of 12 Section 25 and Lot 2 of Section 26, containing 0.72 acres and 49.12 acres 13 respectively; 14 all within Township 6 South, Range 10 West S.B.M. Wt Z" SD 15 IO IVU a 16 z� op 1% 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PC :wm {41,}.1.] EXHIBIT "W - $ -, P1'crjcct'140. G.7.. 1003 Pr:ujcct: UPPi1R N1.-SPORT i.11Y parcel: r Date: 3 -17 -72 That portion of Blocks 5, 51 and 57 of Irvine's Subdivision as shown on a ntip recorded in B00% 1, Page 88 of Miscellanuous Maps, Records of Orange County, California, described as follows2 Beginning at the Easterly corner of Lot 14 of Tract No. 1499 as shown on a reap recorded in roof: E4, Page 47 of Miscellaneous Maps, Records of said County, said corner being at the intersection of the Southeasterly line of said Tract with a line parallel with and 30.00 feet South-oestcrly from the laorthe;s.terly line of said Block 51 of Irvine's Sulcl.ivis on; thence along said Southeasterly line of Tract No. 1499 .and along the Southc,;sterly line of Tract No. 1507 as shown on a map recorded in Book 51, Page 15 of Miscellaneous Maps, Records of said County, S. 40" 36' 42" W., V56.50 feat to the Northerly corner • of the land described in a deed recorded in rook 3519, Pave 598, Official Records of said County; thence along the boundary line of said land through the following describr!O courses; S_'49° 21' 58" E., 900.00 feet to a point on a non - tangent curve concave Southeasterly and having a radius of 1770.00 feet, a radial line of said curve to said point bears N,. 10" 29' 56" W,; thence Southwesterly along said curve through a central angle of 300 25' 12" an arc distance of 939.74 feet; thence non- tangent to said. curve N. 15" 40' 18" W., 400.00 feet to a tangent curve concave Southwesterly and having a radius of 350.00 feet; thence Northerly along said curve through a central angle of 33" 43' 00" an arc distance. of 205,96 feet to a point in the Southeasterly line of said Tract No. 1507, said point being at the intersection of said Southeasterly line with the center line of orchard Drive as shown on said map of Tract No. 1507; thence along said Southeasterly line and along the Southeasterly line of Tract No. 1501 as shown on a map re- corded in Book 50, Page 16 of Miscellaneous halls, Records of said County, S..40* 35' 42" W„ 1103,95 feet to the Southerly corner of . Lot 147 of Said Block 51 of Irvino's Eubiivision, said corner being in the boundary line of the parcel of land described in a deed re- • corded in Book 2039, Page 225, Official Records of said County; thence along the boundary line of said land through the following described courses; S. 490 21'. 48" E,, 55.00 feet; thence S. 40° 38'.12" W„ ... 30.00 feet;'thence S. 1" 58' 36'" E„ 256,13 feet$ thence S. 40° 38' 12" W„ 70.00 feet; thence N. 49° 21' 48" W., 83,88 feet to the non- tangent intersection with a curve in the Northerly line Of the land described in Parcel 4 of a deed- recorded in Book 8885, Page 409, official Records of said County, said curve being concave -1- i, VYWIRIT R I(: r)y t. r. htrv.in, ra:l i.t <'�f. 1S,.f).(.0 lr :t• r:,(. is J l.i no of. curve. to c:-id inicr•tcct.ion S4" L'..; l7hc ncr; Al :.'I tl..: • boil axy lire. of -riu I': rcul ! 'Cl rrn: ;); t'.Yc Sy).ln:: i. rry r'.a:.': +r ).:•a' co•.:r::e: TI•. rate '].y :J n'. r; ..;•iA c,:rvc tor: ( +: :: :', ., cc:..L, ",:] :w ;l e. e.ii 7' 30' 52" an ::rc distance o` 257.39 fca:i.: Cbence n:nr-t:­, _; ::it', to :;;,id curve S. 1.30 38' 12" W.. 162.20 fce,t; tlt::ncc N. 490 21.' 'W' 11.. 705.00 fact to a t,n7g(att curve coltc:tvc ;outlre:::;tcrly and haviitV a radius of 018.25 feet: thcnc(: tierthwr.sr:crly along ..aid cnrva a cen::r.l angle of 210 30' 00" an arc dist:ancc: of 307.05 fez:t to the ta:ngant inicr- sectidn With a. reverse curve cone„ve Nor.tl•.c.tstcrly and having a radius of 600.00 fr.ect. a rzdi.al line of ::aid rr.:versc curve to said point bears S. 190 03' 12" W.: thence Novth:•:a.st.erly along s:iid re:•✓t:rsc curve through a central Lng1.o of 130 30' 00" :in etc ci.tanca of 193.73 feet to the t:nigent . intersection with a reverse curve concave Southwee.tcrly and having n. radius of 1000600 zest. a radial lime of said reverse curve to said intersection bnrs N. 370 30'12" E.1 thence North- westerly along s;z.id revcrr•e curve through a central angle of 230 00' 00" an arc distance of 401.43 feet; thence tangent to said curve N. 750 21'48" W.. 333.50. foot to a tan Jcnt curve concave - Northe:- irtrr.ly and hiving a radius o{ 600.00 fcetr thence Northwesterly along said curve through a central ..ogle of 260 08' 18" an are distance of 364.96. feet: thence tangent to said curve N. 49° 13' 30" W.. 71.39 • feet to a point in the Soulcheastorly line of the Santa Ana Delhi Channel as described in P:trcel 1 of a des ✓d recorded in Book 5906. Page .516. Official P.ecords of said County: thence along said South- easterly line and continuing said bornr:_::y line of Parcel 4 through the following described courses: S. 49° 20' 39" VI.. 55.67 feet -to a tangent curve concave Northwesterly and having a radius of 206U.00 feet; thence Southwesterly along said curve throutfn a central angle of 240 30' 19" an arc distance of 681.06 feet! thencc tangent to said curve S. 73° 50' 58" W.. 384.32 feet to the South- westerly terminus of that certain course: described as "S. 739 01' 25" W.. 384.32 feet" in said Parcel 1: thence l,c::ving said Southeasterly line and said boundary line S. 570 58' 51" E.. 31.38 feet to Station 67 in the adjudicated line as described in Decree No. 20436 recorded in Book 651. Page 72. Deeds. Records of said County. and as shown on a map filed in Records of Surveys Rook 69. Pages 1 and 2. Records of said County: thence along said adjudicated line as monunented in a general Southeasterly and Westerly direction to Station 62: thence leaving said adjudicated line S. 17° 20' 21" W.. 125.96 feet to a point in. the Northerly right of way line of Back Bay Drive (formerly Palisades • Road) as described in a deed recorded in Book 1037. Page 269. Official Records of said County. the center line of said Back Bay Drive being shown in County Surveyor's Transit Book 125 and County Surveyor's Flap No. 1 -71, both on file in the office of the orange County Surveyorr thence along said right of way line through the following described courses: S. 720 39' 39" E.. 23.12 feet to a tangent curve concave Northerly and having a radius of 1380.00 feet: thence Easterly along said curve through a central angle of 40 28' 32" an arc distance of 107 .GO fact; thence' t;.ngcut to ^nid cuivc S. 776 O:S' 1:1" E., 160.17 fc:c't to a. tangent curve e011ea Pig 1'or t :.un'ly ;w5 h;iai.ng a radilu+ of 220.00 feet; th ^.nca alo:i; :.;:id. cuYv. ilia,,:. *;S a ccnU::a angle of 250 03-' 31" ;ii a :c 6istcncc of 'iS,OS "cat to tttc'.tar,terl.y liirc of Bacl: Bey Drive as dce,r_ribed in Parcel 2 of a deed recorded in Doo): 10,000, Page 091, Official P.ecords of said County: thence leaving said right of way line aloe; said wa sterl.y line and n:long the Portherly line of i:ack Day Drive as uet::eribed in said Parcel 2 and Parcel 3 of said deco recorded in Boo): 10.000.' page 891 of Official Records through the following ricscribed courses; N. 160 55' 46" W., 19.71. feet to the non - tangcnt intersection with a curve concave South- westerly rnd having a radius of 480,00 feet, a radial line of naid curve to said intersection bears N. 16" 55" 46" W.: thence South - easterly :along said .curve through a central angle of 66" 02' 20" an arc distance of 553,25 feet to the tangent intersection with a reverse curve concave Northerly and having a radius of 25.00 feet. a radial line of said reverse carve to said intersection bears S. 49" 06' 34" W,: thence Easterly along said curve through a central angle of 71" 23' 49" an arc distance of 31.15 feet to the tangent iiitursection with a reverse curve concentric with and 42,00 feet Northerly from the center line of Eastbluff bribe as said center line is shown on a map of Tract No, 5018 recorded in Boo]: 166, Paces 26 through 30 of Miscellaneous • Maps, Records of said County, said reverse . carve being concave Southerly and having a radius of 842,00 feet, a radial line of said reverse curve to said intersection bears N. 22" 17' 15" W.t thence leaving said Northerly line of Bach Bay Drive along a line parallel and /or concentric with and 42,00 feet Northerly from said center line of Eastbluff Drive through the following described coursesi Easterly along said reverse curve through a central angle of 6 0.32' 37" an arc distance of 96,16 feet.: thence tangent to said curve N. 74" 15' 22" E„ 98.08 feet to a tangent curve concave Northwesterly and having a radius of 758.00 feet; thence Northeasterly along said curve through a central . angle. of 36" 09' 52" an arc distance of 478,40 f+eeti thence tangent'to said curve N. 38" 05' 30" E., 156.00 feet to. a tangent curve concave Southeasterly and having a radius of 842,00 feet: thence Northeasterly along said curve through a central angle of 420 27.' 28" an arc distance. of 623.95 feet to the non - tangent intersection with the Westerly line of Jamboree Road as described.in a deed recorded in Book 4110., Page 10, Official Records of said County; thence leaving said parallel and /or concentric line along said Westerly line N. 8" 19' 30" E., 443,24 feet to the right of way line of Jamboree Road as described • in a deed recorded in Book 6135, Page 155, Official Records.of said Countyi thence along said right of way.line through the following described courses: N. 810 40' 30" W.. 32,00 feet to the non - tangent intersection with a curve concave Westerly and having a radius of 2334.00 feet, a radial line of said curve to said intersection bears S. 81" 40' 30" E.: thence Northerly along said curve through a central angle of 140 38' 17" an. arc distance of 596.30 feet: thence tangent to said curve N. 60 18' 47" W.. 465.86 feet to a tangent curve concave -3- EXHIBIT "a -� • • Easterly and hilViLg'a radius of 1666.00 fect, tncncc: I.mtlw-rlj, ..long slid c%c"cvc thrau5h z, angle: of .6c !j,31 49" wi arc cli:AInc.".• of 1%G5.09 feet: tjv,-mc.r-- two UFjr! corvc, N. 40"' 3W 02" E., 37.69 fect to the SOUZ11westc.rly lint: of as Cv-CIAL-ad in � deed recvrdad in Boo): 8522, Pac.c IOSo Official Pccords of said County: tbclicc leaving jairl right of %-.-jIy Ijile along "id Southwesterly line through the following dc-ncribcd courses; 77. 220 330 04" W., 68.72 feet: thence 17. 490 211 50" Q.? 172.67 feet.- thence X. 41' 16' ill, W., 99.40 feet to said parallel line 30.00 Sect Southwc-tcrly fron the Nortbcastorly line of said Block 51 of Irvine's Subdivision: thence along said parallel line N. 49* 21' 58" VT.? 922.14 feet to the point of beginning. D M� I U DE 3 CRIT'l. A'C"j'V ).-,. Ro t. M:,.M21rj)F' & COU111% I IUINLYOP —4— FYWIPIT I P?rojrc: :o, C.A, 1000 � Projoe L-: UPPER 1- TWPOVA9 1aY Parcel: r Date: 3- 17.72 That portion of Tract No. 706 as shown on a map recorded in Book 21, Pe:ge 25 along with that portion of Block. 51 of Irvine's Subdivision as shown on a map recorded in Booh 1,. Page 60, both of Miscallaneous Maps, Records of Orange County, California, described as follows:: EXHIBIT " A" - 10 Beginning at the center .line intersection of Birch Street with Mesa Drive as shown on szid. map of Tract No. 706; thence along said center line Of Mesa Drive S. 49" 21' 27" E., 41.82 feet; thence S. 28" 36' 49" 1-7:, 30.67 feet to a point in the southwesterly line of said Mc-sa, Drive, 60..00 feet wide, said point being the TROT; POINT OP IIE:- ,I1•'.:IIdG; thence S. 280 36' 49" W., 315.19 feet) thence S. 41° 25' 34" W.,. 182.90 feet; thence S. 62" 14' 05" W., 142.73 feet; thence S. 76" 23' 31" W., 104.59 feet; thence S. 550 46' 07" W., 82.50 • feet; thence S. 23" OE' 38" W., 9G.72 feet; thence S. 37" 47' 22" W., 100.90 feet to a curve in the Southwesterly line of the land described in the deed to Peter Burroughs and wife recorded in Book 3090, Page 289 of Official Records of said County being concave Northeasterly and having a radius of 800.00 feet, a radial line of said curve to said point bears S. 30" 05' 00" W.; thence Northwesterly along said curve and Southwesterly line througfh a central angle of-10" 41' 30" an arc distance of 149.28 feet; thence tangent to .said. curve continuing along said Southwesterly line and the Northwesterly prolongation thereof N. 490 13' 30" W., 71.39 feet to the general Easterly line of the Santa Ana -Delhi Channel as described in.Parcel 1 of a deed recorded in Book 5506, Page 516 of Official Records of said County; thence along said general Easterly line the following courses an4 distances: N. 49" 20' 39" E.. 254.65 feet to a tangent curve concave Southeasterly and having_a radius of 330 feet; thence Northeasterly along said curve through a central angle of 16" 38' 09" an arc distance of 95.82 feet; thence tangent to said curve N. 650 58' 48" E., 7 -.62 feet to a tangent curve concave Northwesterly and having a radius of 718.40 feet; thence • Northeasterly along said curve through a central angle of 18" 11' 25" an arc distance of 228.08 feet to a compound curve concave Westerly and having a radius of 265 feet;, thence Northerly along said compound curve through a central angle of 1080 38' 15" an arc distance of 502.46 feet to a compound curve concave Southwesterly and having a radius of 347.72 feet; thence Northwesterly along said compound curve through a central angle of 270 24' 55" an arc distance of 166.38 feet; thence EXHIBIT " A" - 10 tanucnt to snid ee ;..yol:nci curve R. 13C0 15' 47" W., 189.69 feet; th,nec Sv 71.0 44' 13" W., 25.24 • fr:tt to n lip;... t:::,ncal I. c•:u'.. 1 :a concri•c I:r)'Vl1' and, heaving a ri:dia:;; cf 240 ia:::te 1:.. %..:.1 line e: r.;:ii: cu::ve: to ta5.', point 1)n:q }; S. 10 44' 130 11.7 nhi.c, C117:ve 017:elRjil a central angle of 27" 34` 55" an al-c ditance of 115..54 feet;. thgace tangent to .said curve 14. 60' 40' 52" W., V.33 fact to a tange/,t curvc concave Fortheasterl; awl having a of r.40 fcct; thence Yorth- westerly along said curve thl:ough a centr::l a gle of 170 59' 00" an are distance of 263.65 feet; thence tangent to said clove N. 420 41' 52" W- 158.21 feet to a tangent curve concave: Northeasterly and having a radius of 540 feet; thence Northl:•esterly along said curve through a central angle of 2.0 57' 15" au arc di:stencc of 272.89 feet, thence tangent to said curve N. 130 44' 37" W., 111.53 feet to a tangent curve concave Easterly ind having a radius of 190 feet) thence Northerly along said curve throb <,h a central angle of 500 58' 10" an arc distance of 169.02 feet; thence tangent to said curve 27. 3706 13' 33" E., 95.73 feet to said Southl-:osterly line of Dcsa Drive, 60.00 feet wide; thence leaving said general Easterly line, f:ollowin; alo':ig said Southwesterly line of Mesa Drive the folloazing courses and distances; S. 490 22' 15" E., 552.48 feet; thenco S. 630 00' 13" E., 322.06 feet; thence S. 680 46' 15" E., 425.40 feet to a tangent curve concave Southwesterly and having a radius of .192.2E feet; thence Southeasterly • along said curve through a central al',ylc of 640 00' 35" an arc distance of 214.81 feetf thence tangent to said curve S. 40 45' 40" E., 160.05 feet to a tangent curve concave Northeasterly ar ?n having a radius of 173.37 feet, thence Southeasterly along said curve through a central angle of 440 35' 47" an arc distance of 134.95 feot7 thence tangent to said curve S. 490 21' 27" E., 78.21 feet to the TRUF, P03t.3T OF SEGIVI-1111.G. T APPROVEL) M To DESCRIPTION p 0 )! E 7 rR G COU TYI J A--YQR UQPUIY Coun Y eurvcY.r I �I 1(u _2.. 1 EXHIBIT "A" -1I i i )•ro jc:c 10. C.A. 1002 _C TrojccY: UPP)iR T; liv; 1'Oi:T 17,Y P+d:ccl: C Date: ' 3 -17 -72 That portion of Blocks 4, 5, 51 and 52 of Irvine's Subdivision as shown on a reap recorded in Boo). 1, Page 80 of Miscellaneous Maps, Records of Orange County, California, described as follows: , _1_ s EXHIBIT °V'0- Beginning at the intersection of the Easterly line of Irvine Avenue, 7.00.00 feet in width, as deacri.bed in Parcel 1 of a deed recorded in Boot. 6603, Page C85, Official Records of said County, with the Northeasterly line of Lot 1 of Tract ro.. 4224 as shown on a man recorded in Look 157, Pages 1 through 14 of Miscellaneous Maps, Records of said County, said lntersecti.on being distant along said Northeasterly line S. 491 21' 33" E., 6..00 feet from the Northerly corner of said Lot.. 1;, thence along said Easterly line and along the Easterly.and Southeasterly lines of Irvine Avenue as described in Parcel 1 of the deed recorded in nook 8282, Page 708 and in Parcels . 3 and 4 of the deed recorded in said Dook 8603, .Page 085, both of Official Records of said County, through the following described courses; N. 400 37' 05" E., 185.02 feet to a tangent curve concave Westerly and having radius of 540.00 feet..; thence Northerly along said curve through a central angle of 53" 39' 04" an arc distance of '505.65 fcet;.thcnce tangent to said curve N. 13" 01' 59" W,, 110.24 feet to a tangent curve concave Easterly and having a radius of 500..00 feed thence: Northerly along said curve through a central angle of 530 39' 59" an.arc distance of 468.33 feet; thence tangent to said curve N.' 40° 38' 00" E., 46.5.40 feet to a tangent curve concave Westerly and having a radius of 420.00 feet; thence Northerly along said curve through a central angle of 63" 43' 00" an arc distance of 467.07 feet to the tangent.intersection with a reverse curve concave Easterly and having a radius of 500.00 feet, a radial line. of said reverse curve to said intersection bears S. 660 55' 00" W.; thence Northerly along said reverse curve: through a central angle of 63" 43' 00" an arc distance of 556.03 feet; thence tangent to said curve N. 400 38' 00" E., 183.53 feet to a tangent curve concave . Northwesterly and having a radius of 825.00 feet; thence Northeasterly • along said curve through a central angle of 28" 58' 54" an arc distance of 417.31,feet; thence tangent to said curve N. 11 °39' 06" E_, 189.18 feet to a tangent curve concave Southeasterly and having a radius. of 725.00 feet; thence Northeasterly along said curve through a, central angle of 280 59" 04" an,arc distance of 366.76 feet; thence tangent to said curve N. 400 38' 10" E., 333.38 feet; thence N. 40° 37' 36" E., 942.66 feet to -:a tangent curve concave Northwesterly and having a , _1_ s EXHIBIT °V'0- W :46ius of 1050.00 rcctr thcncc 7:a+thr aerly a;u:�g said curve. thron,,b a central ::n,71e of tl" O6' 36" an :,rc distra)c.c of 148.62 feet to the ti+n,7(:nt inica' :<cetion with n. rev,.: c cc':vu rn+:cewr: S:n;i:b: :.,r,Cctly wil havin4 a r+ciius of 9;10.00 feet, e iadial line of :;:.id rovcr:c carve to said intersection be::rs N. 57" 29' 00" N.; tncaicc: Northeasterly along said reverse curve thr6ulh n central itrSjle of ti° 06' 36" an arc djstance of 134.47 feet to the tangent intersection o:i.th a revorse curve conc:_vc Southerly and having a radius of 25.00 feet, a radial line of said reverse curve to said intersection bears I7. 49" 22' 24" 11.; thence Easterly along said reverse curve through a central angle of 89° 59' 55" an arc distance of 39.27 fect to the tangent intersection with the Soutluicstcrly line of University Drive as described in a decd recorded in Book 6152, Pi:ge 562, Official Records of said County; thence leaving said Easterly anc? Southeasterly lines along said Southwesterly line of University Drive through the following described courses; S. 490 22' 29" E.,. 997.47 feet to a tangent- curve concave Northeasterly and having a radius of 1458.00 feet; thence South- easterly along said curve through a ccaitral angle of 30- 11' 20" an arc distance of 81.15 feet to the Southeasterly line of said University Drive; thence radially to said curve along said Southeasterly line N. 37" 26' 11" E., 50.00 feet to the non - tangent intersection with a curve in the Southwesterly line: of University Drive, 50.00 feet in width, as shown on a map recorded in Book. 3, Page 35 of Parcel Maps, • Records of said County, said curve being concave Northeasterly and having a radius of 1408.00 feet, a radial line of said curve to said intersection bears S. 37" 26' 11" W., thence Southeasterly along said curve and Southwesterly line of University Drive through a central angle of 14" 55' 24" an arc distance of 366.73 feet to the non - tangent intersection with a curve in the Northwesterly line of the Santa Ana Delhi Channel as described in Parcel 2 of a deed recorded in Book 5906, Page 516, Official Records of said County, said curve being concave Northwesterly and having a radius of 1960.00 feet; thence Southwesterly along said curve and Northwesterly line through a central angle of 18" 11' 30" an arc distance of 622.31 feet; thence tangent to said curve continuing along said Northwesterly line S. 73" 50' 58" N'., .384.32 feet; thence along the Southresterly line of said Channel S. 16° 09' 02" E., 100.00 feet; thence leaving said Channel S. 570 58' 51" E., 31.38 feet to Station 67 in the adjudicated line as described in Decree No. 20436 recorded in.BOOk 651, Page 72 of Deeds. Records of said County, as shown on a map filed in Records of Surveys Book 89, Pages 1 and 2, Records of said County and as shown on a nap of said Tract No. 4224; thence along said adjudicated line • as monumented in a general Southwesterly and Southerly direction to Station 78;.thence leaving said adjudicated line S. 61" 50' 59" W.. 118.51 feet. to the most Easterly corner of Lot 12 of said Tract No. 42241 thence along the Northeasterly line of said Tract No. 4224 through the following described courses; N., 36" 38' 44" W., 118.99 feet; thence ti. 64" 57' 27" W., 139.00 feet; thence N. 86" 14' 14" if.. 135.34 feet; thence N. 110 19' 33" W., 34.56 feet to the non - tangent EXHIBIT "e^ -13 9 • wth C.W:VQ C(Olf"'w" i* ill', h. V! 119 a ):;-'Ij kv, of 170.00 icct' n X;'Cli6l .like of !:;JA clow, to !;;dtl be ;rLt N. 10" 51' 33" W.; thence Swlt)-wo!ltc-,-)y cul-v(: thwl-r.O' a c(:rt):;i1 z%r.Ule of MtO 301 0C)" an zicc dirt: iicc: ol 114.73 feat:; thLznccm tangent. to said CUIVk' s. 400 36' 27" 11., 29.50 fuc:t; th<•lice N. 49- 21- 33" W., 66) .05 feet to the point of ll,�ginnilig. APPROVED AS 10 0", C'. "I U'vc"07 -.3- FY141RIT 14 t. W Project: UPPER )C�,HPORT ))T.Y P. xccl: H Pate: 3 -17 -72 That portion of Blod:s 52 and 53 of Irvine's Subdivision as sham on a imp recorded in Book 1, P.^.gc 68 of )- sisccllnneous Maps, Records of Orange County, California, described as follows,. Beginning at Station 109 in the adjudicated line described in Decree No. 20436 recorded in Book 651, Page 72 of Deeds, Records of said County, said Station 109 being in the Northeasterly line of Tract No. 4224 as said station and Northeasterly line are shown on a map recorded in, Boo): 157, Pages 1 through 14 of Miscellaneous Maps, Records of said County; thence along said Northeasterly line N. 44" 31' 43" W., 114.37 fact to a tangent curve in said North- .. easterly line concave Easterly anti having a radius of 15.00 feet; thence Nerthcrl.y along said curve through a central angle of 904 00' 00" an are distancc of 23.56 feet. thence radial to said • curve continuing along said Northeasterly line N. 444 31' 43" W., 60.00 feet to an angle point in the boundary line of said Tract; thence along the Southeasterly line of said Tract, N. 454 28' 17" E., 487.52 feet to the Easterly corner of Lot 95 of said Tract; thence leaving said Tract boundary, meandering along the toe of bluff of Newport Bay through the following described courses; N. 474 10' 02" E., 95.55 feet to a point distant N. 424 59' 10' E., 626.62 feet from the center line intersection of North Star Lane with White Cliff Drive as said intersection is shown on said Tract; thence N. 564 01' 00' E., 72.18 feet; thence N. 674 48' 30" E.., 99.10 fact;. thence N. 30" 39' 45" E., 64.62 feet; thence N. 75" 44' 11" E., 61.79 feet; thence N. 694 24' 04" E., 83.85 feats thence N. 840 36' 21" E_, 122.,04 feet; thence S. 884 50' 16" E., 156.82 feet; thence N. 704 05' 5E" E., 59.31 feet; thence S. 714 19' 31" E., 80.18 feet; thence N. 860 28' 54" E., 31.00 feet; thence S. 484 26' 00" E., 27.07 feet; thence S. 784 34' 07" E., 48.74 feet; thence N. 874 07' 28" E., 75.33 feet; thence S. 674 21' 53" E., 36.60 feet; thence N. 754 16' 04" E., 101.85 feet; thence N. 724 29' 48' E.., 106.19 feet; thence N. 524 29' 37" E., 31.45 feet; • thence N. 324 05' 42." E., 45,57 feet; thence N. 44 31' 08" W., 96_17 feet; thence_ N. 264 31' 52" W.,.33.89 feet; thence N. 30 09' 01" W., 26.95 feet; thence N. 360 45' 55" W., 43.32 feet; thence N. 114 58' 22" W., 39.47 feet; thence N. 264 20' 13" E., 94.97 fasts thence N. 404 05' 01" E., 76.49 feet; thence N. 164 05' 39" E., 102.92 feats thence. N. 34 42' 33" W., 52.66 feets $Thence N. 214 58' 09" W., 53.22 feet; thence N. 104 09' 55" W., 46.41 feats thence _ -l- EXHIBIT "A"- IS W .. N. 440 US' Ok" Yl. ,'•:.0.]l. feet( Y.hciicu N. 3U" _. ' 21" Y ?.r 73.91 f. r•cti tboncc N. 06 23' 55" hl.. 74.27 fvct; tbenco 21. 30° 07' 04" Pl.. 31.09 feet; thence 11. 13° 1A' 33" 19., 65.0k feet; thcncr- N. 130 43' 56" W., 96.30 f Ph• =nrc 8•. 67" 34' 27" E., 2%.02 feet; thence N. 43° 35' 05" W., 146.13 fyct; thence. N. 28° 5Z' 24" W., 139.74 feat( thence N. 150 32' 27" W., 107.62 feet; thence N. 30° 36' 26" W., 156.21 feet; thence N. 15 °.52'_27" W., 49.31 feet; thence N. 110 43' 3'2" E., 65.52 feet; thence N. 240 53' 58" E., 106.46 feel; thence N. 39° 02' 58" E., 213.OG feet; thence N. 50 °- 58' 43" E., 218.81 feet; thence N. 39° 16' 24" E., 131.69 feet; thence N. 120 03' 49" E., 149.46 feet; thence N. 490 43' 49" W., 287.49 feet? thence 11. 380 04' 26" W., 98.66 feet; thence N. 53° 23' 00" W., 72.62 feet; thence S. 780 52' 32" W., 70.76 feet; thence N. 31°13' 54" W., 110.14 feet; thence N. 12° 42' 12" W.,. 169.29 feet; thence N. 210 42' 39" W., 89.72 feet; thence N. 00 24' 40" E., 110.22 feet; thence N.. 220 18' 46" E., 86.42 feet; thence N. 299 07' 13" E., 331.52 feet; thence N. 90 42' 21" E., 102_54 feet( thence N. 300 56' 360 E., 50.20 feet; thence N. 260 501 09" E., 304.72 feet; thence N. 32° 49' 58" E., 313.22 feet; thence N. 120 01' 00" E., 201.61 feet; thence N. 130 51' 18" E., 64.92 feet; thence N. 16" 43' 48" W., 196.09 feet; thence N. 90 28' 11" W., 123.31 feet; thence N. 23" 33' 20" W., 116.26 feet, thence N. 60 04' 12" W., 255.49 feed thence . N. 19° 59' 54" W:., 266.35 feet; thence leaving said meandering line N. 12° 06' 28" E., 33..88 feet to Station 78 in said adjudicated line as shown.on said map of Tract No. 4224; thence in a general Southerly direction along said adjudicated line as nonwaented to the point of beginning. n U EXCEPTING THEREFROM that portion included within Lot 54 of said Tract No. 4224. - ..ALSO EXCEPTING THEREFROM that portion lying Easterly of said adjudicated line as shown on said map of Tract No. 4224. APPROVED AS TO DESCRIPL'ION TANS :'+ 4L & COUNTY SURVEYOR ocuoty' uVMy Smecyi -2- EXHIBIT "A" -Ile k k Ij • • Parcel: D.,Lu: 3-17-72 Lot D of Traot No. 4224 as dhotm on a mp recorded in Book 157, Pages I through 14 of miroollaneoii7. Maps, ueoords of Orange County, California. APPROVED AS TO DE: CP�IFTj0jV tROj4 )WIM:4;1110:iER F. GQJNTY SURVEYOP ... . .. . . . ............. I FXHIRIT "A",11 -"1 Projc:....: UPPRR NE.WPURT BAY Parcel No. 26.1, A, A -1, 26.21, 26.22, B, 26.'1.3, 26.20, 2G.25, 26.3, 26.4, 2G.5, 26.61, 26.62, 26.7, D, D -1, C Date: 2 -15 -72 Those portions of Blocks 51, 52, 53, 54, 55 and 56 of Irvine's Subdivision as shown on a map recorded in Bon): 1, Page 88 of Miscel- laneous Maps, Records of Orange County, California, described as followse PARCEL 26.1: Beginning at the Southerly terminus. of a curve in the North- . westerly lint, of Eack Bay Drive, 40.00 feet in width, (formerly Palisades Road) as described in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Easterly, having a radius of 220.00 feet, a central angle of 380 30' 54" and an arc length of 147.89 feet, a radial line of said, curve to said terminus bears S. 660 18' 39" W.; thence along said Northwesterly line through the following described courses; Northerly along said curve through a central angle of 38° 30' 54" an arc distance of 147.89 feet; thence tangent to said curve - N. 14° 49' 33" E., 93.75 feet to a tangent curve concave Southeasterly and having a radius of 320.00 feet.; thence Northeasterly along said curve through a central angle of 28° 10' 52" an arc distance of 157.39 feet; thence tangent to said curve N. 430 00' 25" E., 123.61 feet to a tangent curve concave Southeasterly and having a radius of 220.00 feet; thence Northeasterly along said curve through a central angle. of 16" 52' 43" an arc distance of 64.81 feet; thence tangent to said curve N. 590 53' 08" E., 82.84 feet to a tangent curve concave North- westerly and having a radius of 230.00 feet; thence Northeasterly along said curve through a central angle of 37" 48' 47" an arc distance • of 15.1..79 feet; thence tangent to said curve N. 220 04' 21" E., 8.25 feet to a tangent curve concave Southeasterly and having a radius of 370.00 feet; thence Northeasterly along said curve through central angle of 570 57' 54" an arc distance of 374.32 feet; thence tangent to said curve N. 80" 02' 15" E., 97.29 feet to a tangent curve concave Northerly and having a radius of 1980.00 feet; thence Easterly along said curve through a central angle of 50 04' 12" an arc distance of -1- -2-: 4 EXHIBIT 17,11 17L. 2). J c(-t -, t)wnc ':.:orjvnt to R.:10 N. !;W W " 15. , 1.76.2!. feet to a taivjcnt vnrve concave Noxtln.'u!;tcOy Ind 1'W31'z1 a ro(lius of 330.0U ioct; tbencc! 1'.ortlicartO.177y ZOOnrj r.aJO C111:V0 007011gh C1 Ucatl:ill angln of 190 20- 31" an arc Jir;tance of 112.17 Peet to a point in the adjudicated I.J.nc Oc7cril)ed in Docrcc Ho. 204.-.6 rccordceli in Look 651, Page 72 of Deeds, Rccoj:ds of sj1j.(1 County, distjunt thcroon S. 710 411 3311 w., 19.66 feet from ZL found monument marking Station 33 in saicl Decree; thence lcavinq aJ.6 Northwesterly line and going along saicl adjudicate( line through the following described courses; S. 710 41- 331- vi., 302.82 feet to a found monument marking Station 32-, thence N. 74* 21' 59" IV., 174.82 feet to a found monument marking Station 31; thence N. 880 28' 56" W., 153.89 feet to a found monument mar)(ing Station 30; thence S. 58O 501 0111 1,7., 86.09 feet to a found monument marking Station 29; thence S. 200 23' 5711 W., 283.91 feet to a found monument mar),,ing station 26; thence S. 45- 55' 31" W., 467.88 feet to a found ra�numcnt- marking Station 27; thence S. 130 39' 45" W., 243.94 feet to a found monument mar)-Ang Station 26; thence S. 0- 371 35" 19., 70.70 feet to a found monument marking Station 25; thence S. 240 141 06" E., 39.38 feet,- thence-leaving said adjudicated line N. 660 lB' 39" r,., 6.46 feet to the point of beginning; said parcel contain-- an area of 1.274 acres, more or less. PARCEL A: • Beginning at a point on a curve in the southeasterly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as described in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Southeasterly, having a radius of 330.00 feet, a central angle of 570 57' 54" and an arc length of 333.85 feet, a radial line of said curve to said point bears 14. 350 311 00" W.-, thence Southwesterly along said curve and Southeasterly line through c central .angle of 320 24' 39" an arc distance of 106.67 feet; thence tangent to said curve continuing along said Southeasterly line S. 220 04' 21" W., 8.25 feet to a tangent curve in said Southeasterly line concave Northwesterly and having a radius of 270.00 feet; thence Southwesterly along said curve and Southeasterly line through a central angle of 290 29' 42" an arc distance of 138.99 feet; thence non-tangent to said curve N. 620 33' 34' E., 197.75 feet; thence S. 780 14' 57" E., 29.80 feet; thence N. 230 22' 33" 11., 36.27 feet; thence N. 50 401 02" W., 93.41 • feet; thence S. 730 27' 49" E., 51.61 feet; thence N. 15* 02' 340 E., 36.93 feet; thence N. 53* 29' 47" W., 50.43 feet to the point of beginning; said parcel contains an area of 17,657 square feet, more or less. -2-: 4 EXHIBIT 17,11 ncginning at a point on a curve ill the Southcastcxly line of Dacl_ Buy Drive, 4U.UO feet i.;, v; i.ui:L, (forme) :l.y paliaaiics Road) as described in a docnraant recordcx) in Book 1037, Pogc 2069, Official Records of ,aid County, the center line, of said Back May Drive being Shown in County Slirvcyor'S Transit Rook No. 125 on file in the office of the Orawle County Surveyor, said curve being concave Southeasterly, having a radius of 330.00 feet, a central angle of 570 57' 54" and an are length of 333.85 feet, a radial line of said .curve to said point bears N. 170 42' 05" W.; thence Southwesterly along said curve and Southeasterly line through a central angle of 90 51' 53" an arc distance of 56.82 feet-, thence non - tangent to said curve S. 770 04' 06" E., 27.78 'feet; thence N. 42" 03' 02" E., 37.78 feet to the point of beginning-, said parcel contains an area of 505 square feet, more or less. PARCEL 26.21: Beginning at a point on a curve in the Northwesterly line of Hack Bay Drive, 40.00 feet in widt:h,(formerly Palisades Road) as described in a document recorded in Book 1037, Page 269, Official • Records of said Connty, the center line of said Back Bay Drive being shown in Connty Surveyor's Transit Boo). No. 125 on file in the office of the Orange County Surveyor, said curve being concave Northwesterly, having a radius of 230.00 feet, a central angle of 23" 03' 22" and an arc length of 92..55 feet, a radial line of said curve to said point bears S. 356 48' 24" E.; thence along said Northwesterly line through the following described courses; Northeasterly along.said curve through a central angle of 23" 01' 22" an arc distance of 92.42 feet: thence tangent to said curve N. 31" 10' 14" E., 38.13 feet to a tan- gent curve concave Southeasterly and having a radius of 620.00 feet; thence Northeasterly along said curve through a central angle of 110 29' 52" an are distance of 124.42 feet; thence tangent to said curve N. 420 40' 06" E., 19.63 feet to a tangent curve concave North- westerly and having a radius of 780.00 feet; thence Northeasterly along said curve through a central angle of 13" 14' 02" an arc distance of 180.16 feet; thence tangent to said curve N. 29" 26' 04" E., 110.67 feet to a tangent curve concave Southeasterly and having a radius of 230.00 feet; thence Northeasterly along said curve through a central angle of 19" 03' 58" an arc distance of 76.53 feet to a point in the • adjudicated line described in Decree No. 20436 recorded in Book 651, Page 72 of Deeds, Records of said County, distant thereon N. 57° 22' 28" E., 18.05 feet from a found monument marking Station 34 in said Decree; thence leaving said Northwesterly line along said adjudicated line through the following described courses; S. 57" 22' 28" W., 18.05 feet to said Station 34; thence S. 350 41' 18" W., 621.83 feet to the point of beginning; said parcel r -3- FXIIIP.I? ;ivr4,0 e Ulil ::L f; :111 au, i u1 ( , lA, .f :!Oft,❑ � i a.-I , �W i 1', fed .1,':�:', PAT-ICE), 26.22: PARCEL B: Beginning at a point on a curve in the Easterly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as des- cribed in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being • shown in County Surveyor's Transit Book No. 125 on file in the office Of the Orange County Surveyor, said curve being concave Northwesterly, having a. radius of 620.00 .feet, a central angle of 130 47' 55" and an arc length of 149.32 feet, a radial line of said curve to said point bears S. 610 51' 31" E.; thence along said Easterly line through the following described courses; Southwesterly along said curve through a central angle of 40 17' 35" an arc distance of 46.46 £eet;. thence tangent t0 said curve.S. 320 26' 04" W., 98.42 feet to a tangent. curve -4- Boginni.ng at a ):point on a curve in the NorUnu:cterly line of I Back )lay Drive, 40.00 feet in width, (formcr.ly Palisades Road) as dc� ;c:ribc(3 in a Gocunicr.t recorded in Dook 1037, Page. 269, Official Record, of said COUnty, the center line of said Day Bay Drive being shov..,n in County Sa?rn „yor'c• Tranj; t Roolc No. .125 on file in the office of the Or ;;nnc County Surveyor, 661d curve being concave Southeasterly, having a radiuC of 230.00 feet, a central angle of 440 58' 40” and an arc length of 180,55 feet, a radial line of said curve to said point beams N. 230 45' 02" W.; thence along said Northwesterly line through the following described courses; Northeasterly along said curve through a central angle of 80 09' 46" an arc distance of 32.77 feet; thence tangent to said curve N. 740 24' 44" P., 71..60 feet to a tan- gent curve concave Northwesterly and having a radius of 180.00 feet; thence Northeasterly along raid curve through a central angle of 410 58' 40" an arc distance of 131.08 feet; thence tangent to said curve 14. 320 26' 04" r'•.., 90_42-fort to a tangent curve concave North - westerly and haying a radius of 580.00 feet; thence Northeasterly along said curve through a central angle of 130 47' 55" an arc distance of 139.60 feet; thence tangent to said curve N. 180 38' 09" E., 191..68 feet to a tangent curve concave Westerly and having a radius of G80.00 feet; thence Northerly along said curve through a central angle of 10 19' 02" an arc distance of 15.63 feet to a point in the adjudicated line described in Decree No. 20436 recorded in Book 651, Page 72 of Deeds,. Records of said County, distant thereon N. 190 39' 40" E_, 240.92 feet from a found monument marking Station 36 in said Decree; thence leaving said Northwesterly line along said adjudicated line . through the following described courses; S. 190 39' 40" W., 240,92 feet to said Station 3G; thence S. .380 53' 17" W., 246.24 feet to a found monument marking Station 35;. thence S. 570 22' 28" W.., 174.11 feet to the point of beginning; said parcel contains an area of 10,859 square feet, more or less. PARCEL B: Beginning at a point on a curve in the Easterly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as des- cribed in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being • shown in County Surveyor's Transit Book No. 125 on file in the office Of the Orange County Surveyor, said curve being concave Northwesterly, having a. radius of 620.00 .feet, a central angle of 130 47' 55" and an arc length of 149.32 feet, a radial line of said curve to said point bears S. 610 51' 31" E.; thence along said Easterly line through the following described courses; Southwesterly along said curve through a central angle of 40 17' 35" an arc distance of 46.46 £eet;. thence tangent t0 said curve.S. 320 26' 04" W., 98.42 feet to a tangent. curve -4- EXHIBIT "A7, Al � I 5 9 EXHIBIT "A7, Al �., t'i i•... ,..• •. • .i. I, ,.�,,; I. ,i .i i .. u', i.i .: li. life Ir. v SuuL Lti•. _.I, },. ;il u. ...:iO c•o.::ve t$I, ourJh ., ctr J im'J .lc oJ. Ar J.o' J.7" all arc CIi.;.:tance of 14.2.73 foot; UILHICo 1.0nv.61IJ eluid hanterly lino along a 3.:iiw 11011- t.umle11t to r.,,-!30 curve N. 83.0 32' 03" Z., 511.15 fout7 tlWncc S. 67" 01' 44" h., 173.71 feet; thence N. 380 33' 03" E. 131.74 feet; thence N. 330 26' 49" W., 68.53 feet; thence N. 500 11' 281, W., 112..87 feet; tilence N. 170 29' 51" E., 40.32 feet to the point o" beginning; said_parccl contains an area of 31,832 square feet, more. or lc�s - PARCh), 26.7.3: Beginning at a point on a curve in the Westerly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as de- scribed in a document recorded in Book 1037, ..Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's Transit Book No. .125 on file in the office of the Orange County Surveyor, said curve being concave Westerly; having a radius of 480.00 feet, a central angle of 200 31' 17" and an arc length of 171.92 feet, a radial line of said curve to said point bears N. 830 43' 47" 1:.; thence along said Westerly line through a central angle of 80 46' 59" an arc distance of 73.66 feet.; thence tangent to said curve S. 20 32' 46" W., 112.96 feet to a tangent . curve concave Westerly and having a radius of 660.00 feet; thence Southerly along said curve through a central angle. of 30 49' 06" an arc distance of 45.32 .feet to a point in the adjudicated line described in Decree No. 20436, recorded in Book 651, Page 72, Deeds, Records of said County, distant thereon N. 10 31' 0411 E., 56.71 feet from a found monument marking Station 37 in said Decree; thence leaving said Westerly line along said adjudicated line N. 10 31' 04" E., 231.86 feet to the point of beginning; said parcel contains an area of 671 square fact, more or less.. PARCEL 26.24: Beginning at a point on a curve in the Westerly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as de- scribed in a document recorded in Book 1037, Page 269, Official. Records of said County, the center line of said Back Bay Drive . being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Westerly, having a radius of 480.00 feet, a central angle. of 200 31' 17" and an arc length of 171.92 feet, a radial line of said curve to said • point bears N. 830 :211 37" E.; thence along said Westerly line through the following described courses; Northerly along said curve through a central angle of 110 20, 08" an arc distance of 94..97 feet; thence tangent to said curve N. 170 58' 31" W., 106.16 feet to a tangent curve concave Southwesterly and having aradius of 580.00 feet; thence -5- P ' EXHIM 17-ax f EXHIBIT "Y-O 1!o) 01� ly i'l,"I f...'i'd 1 01 ;?.L" 39, 49" • all al:C Cj,: 1-111CU of'-., 19.30 tuct; Vlicncc! taric , Lo :.:vld cul:vc: N. 390 38' 20" W., 30.42 feet to a tangent curve Concave southwo';tcrly • and baVJ.nCJ a of 5GO.00 fect; thence Northwc;.,:iccrly along s;:id curve tlaou<jh a centrnl nnfjle of 200 40' 35" in arc distance of 209.30 fcotT thence tangent to ;aid curve. 14. 600 181 55• 1-7., 19G.02 feet to a point in the adjudicated line described in Dccrce No. 20436 recorded in Boo): 651, Page 72, Deeds, Records of said County, distant thereon N. SV 36- 11" W., 39.55 feet froni a found monvi-,,cnt marking Station 41 in said Decree; thence leaving r.nid 14csterly line along said adjudicated line through the following described courses; S. 500 361 11" E., 39.55 feet to said station 41, thence S. 590 53' 22" E., 235.85 feet to a found monument marking StaUon 10; thence S. 410 47' 58" E., 207.76 feet to a found monument marking Station 39; thence S. 210 28' 49" E., 367.23 feet to the point of beginning; said parcel contains an area of 9,854 square feet, more or less. PARCEL 26.25: Beginning at a point in the adjudicated line described in Decree No. 20436 recorded in Book 651, Page 72 of Deeds, Records of said County, distant thereon S; 500 36' 11" E., 29.39 feet from a found montnuent marking Station 42 in said Decree; thence along said adjudi- cated line through the following described courses; 14. 500 361 11" W., 29.39 feet to said Station 42; thence N. 240 431 55" W•, 58.66 feet to a found monument marking Station 43; thence N. 500 02' 26" E., 34.98 feet to the non - tangent intersection with a curve in the Westerly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as described in a document recorded in B6ok 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's rransit Dook No. 125 on file in the office of the Orange County Surveyor, said curve being concave Easterly and having a radius of 70.00 feet, a radial line of said curve to said intersection bears N. 700 581 50" W.; thence along said Westerly line through the following described courses; Southerly along said curve through a central angle of 330 56' 58" an arc distance of 41.48 feet; thence tangent to said curve S. 140 55' 48" E., 2.26 feet to a tangent curve concave Northeasterly and having a radius of 210.00 feet; thence Southeasterly along said curve through a central angle of 150 13' 03" an arc distance of 55.76 feet to the point of beginning; said parcel contains an area of 1,225 square feet, more or less. PARCEL 26.3; Beginning at the intersection of the Westerly line o - Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as d in a document recorded in Book 1037, Page 269, official Records of said County, the center line of said Back Bay Drive being shown in EXHIBIT "Y-O 4�' C:(wI y f:n)'� „l '.. i',: it. .1.. �:;!: 1" '1 :' I 1. i.0 t'1:,. V(:1 i. r..• ui. £L.. _.. ,\ qua nrlc Cc,u nt.y ':ecru o��., Sri U; the u: dc: :cxilw(l in D.:Cr Rt: No. 20!.36 recorded in Poo):. G51, Pagc 72 of Dccnts, Records of said County, sa.iel intersection being diva a.n P. along said ac3j11d:i.eatcc1 line S. 500 02' 26" W,,. 2£.../2 feet from it foiuld monv.t.IC,nt ru:irlii.ng Station 44 in s;id Decrcc; thence along said acIjudica,cd line through the following dc.cribcd cour::ca; N. 500 02' 26" L., 28.42 feet to said Station 44.;. thence td. 60 09' 06" 1L, 1521.45 feet to said Wcstcr.ly line; thmiccc lcavi:ng ,.aid adjudica;l<d line :along said Westerly line through the foll-owing €tcscribcd courses; S. 410 47' 38" E., 1£15.30 i feet to a tangent- curve concave Southwesterly and having a radius of � 380.00 feet; thcncc Southeasterly along said curve through a central angle of 55" 23' 43" an arc distance of 367.40 feet; thence tangent to said curve S. 130 36' 05" W., 926.37 feet to a tangent curve con- cave. Northwesterly and having a radius of 180.00 feet; thence Southwesterly along said curve through a central angle of 560 22' 33" an arc distance of 177.11 feet; thence tangent to said curve S. 690 58' 38" W„ 67.25 feet to the point of beginning; said parcel contains an area of 6.513 acres, more or less; PARCEL 26.4t Beginning at a point on a curve in the Westerly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as de- scribed in a document recorded in nook 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Easterly, having a radius of 370:00 feet, a central angle of 56' 05' 27" and an arc length of 362.22 feet, a radial line of said curve to said point bears S. 460 50' 46" W.; thence along said 1:'esterly line through, the following described courses; Southerly along said curve through a central angle of 00 16' 53" an arc distance of 1.82 feet; thence S. 430 26' 07" E., 192.93 feet to a tangent curve concave. South- westerly and having a radius of 480.00 feet; thence Southeasterly along said curve through a central angle of 110 15' 12" an arc distance of 94.28 feet; thence tangent to said curve S. 320 10' 55" E., 39.18 feet . to a tangent curve concave Southwesterly and having a radius of 580.00 feet; thence Southeasterly along said curve through a central angle of 160 17' 06" an arc distance of 164.85 feet; thence tangent to said curve S. 150 53' 49" E., 54.90 feet to a tangent curve concave northeasterly and having a radius of 220.00 feet.; thence Southeasterly along said curve through a central angle of 90 35' 43" an arc distance of 36.84 feet to a point in the adjudicated line described in Decree No. 20436 recorded in Book 651, Page 72 of Deeds, Records of said County, distant thereon S. 380 23' 55" E., 12.15 feet from a found monument marking Station 46 in said Decreel thence leaving said Westerly line along said adjudicated line through the following -7- 3 EXHIBIT "A"44 r r. EXHIBIT the I I C: I!, :J 1 J t. t I Station �7; tlp(mao. 1 '3()0 11' 03" W. , 310.34 f(:Ot to the J�Oilit 0?. bec ' linnintj; �nicl parcel contains an area of 6,OG7 square feet, more or PARCEL 26.5: Deqinn)'ng at a 1.,oiint on a curve in the Westerly line of Rack Day Drive, 40.00 feet ir, width, (formerly*Palismlej Road) as de- scribed in a document rccor(icd in Book. 1037, Page 269, Official Records of said County, the center line of said Back Day Drive being shown in County Surveyor's Transit Boo): No. 125 on file in the office of the Orenge County Surveyor, said curve being concave Easterly, having a radius of 370.00 feet, a central angle of 560 05' 27" and an arc length of 362.22 feet, a radial line of said curve to said point bears S. 540 47' 08" 1%%; thence along said Westerly line through the following described courses; Northerly along said curve through a central angle of 470 521 1211 an arc distance of 309.13 feet; thence tangent to said curve 14. 120 39' 20" E., 252.41 feet to a tangent curve concave Westerly and having a radius of 1780.00 feet; thence Northerly along said curve through a central angle of 9* 25' 06" an arc distance of 292.60 feet; thence tangent to said curve N* 30 141 14" E_ 14.11 feet to a tangent curve concave Easterly and having a radiu-, of 1020.00 feet; thence Northerly along said curve through a central angle of 90 151 23" an arc distance of 294.03 feet; thence tangent to said curve A'.. 120 29' 37" B.,'26.61 feet to a tangent curve concave Westerly and having a radips of 1180.00 feet; thence Northerly along said curve through a central angle of 110 31' 19" an arc distance of 237.29 feet; thence tangent to said curve N. 00 58' IS" E., 82.11 feet to a tangent curve concave Easterly and having a radius of 620.00 feet; thence Northerly along said curve through a central angle of 170 591 00" an arc distance of 194.60 feet; thence tangent to said curve N. 180 571 1811 E., 20.43 feet to a tangent curve concave Southeasterly and having a radius of 150.00 feet; thence Northeasterly along said curve through a centrztl angle of 64* 56' 33" an arc distance of 170.02 feet; thence tangent to said curve N. 830 53' 51" E., 78.41 feet to a tangent curve concave Northerly and having a radius of 100.00 feet; thence Easterly along said curve through a central angle of 120 10' 46" an arc distance of 38.26 feet to a point in the adjudicated line described in Decree No. 20436 re- corded in Book 651,.Page 72, Deeds, Records of said County, distant • thereon S. 810 59' 44" W., 13.56 feet from a found monument marking Station 52 in said Decree; thence leaving said Westerly line along said adjudicated line through the following described courses; S. 81- 59' 44" W., 164.71 feet to a found monument marking Station 51; thence S. 560 35' 05" W., 73.21 feet to a found monument marking Station 50; thence S. 210 341 1011 W., 1208.50 feet to a found monument r r. EXHIBIT ,i.� m;n-7::iiui ;;t.it'i.on 4c f.lw,ico S. 22" 20' 1'7" E., :IA.B'J feet to a found mwm!W_ -nt marling Station 4B; thence S. 3'J° 11'� 03" 13., 64.13 feet to tho point of bcgi.nni.ng; said parcel contains an area of 5.050 acres, more or lees. PARCEL 26.61t Degi.nni.ng at a po:i.nt on a curve in the Northa:cst:erly line of Bac); Bay Drive, 40.00 feet in width, ( formcrly Palisades Road) as descr.ibcd in a document recorded in Tool: 1037, Page 269, Official Records of said Comity, the center line 'of said Bach Bay Drive being shown in County Surveyor's Transit Bool: 110. 125 on file in the office of the Orange County Surveyor, said curve being concave Northwesterly, having a radius of 180.00 feet, a central angle of 400 34' 01" and an arc length of 127.44 feet, a radial line of said curve to said point bears S. 250 02' 57" E.; thence along said Northwesterly line through the following described courses; Northeasterly along said curve through a central angle of 210 37' 13" an arc distance of 67.92 feet; thence tangent to said curve N: 430 19' 50" F.:, 57.15 feet to a tangent curve concave Southeasterly and having a radius of 1520.00 feet; thence Northeasterly along said curve through a central angle of 70 02' 04" an arc distance of 186.62 feet; thence tangent to said curve N. 50° 21' 54" E., 30.44 feet to a tangent curve concave Northwesterly and having a radius of 1480.00 feet; thence Northeasterly along said curve through a central angle of B° 29' 11" an arc distance of 219.21 feet; thence tangent to said curve N. 410 52' 43" E., 44.53 feet to a tangent curve concave Southeasterly and having a radius of 1220.00 feet; thence Northeasterly along said curve through a central angle of 10 24' 06" an arc distance of 29.B4 feet to a point in the adjudi- cated line described in Decree No. 20436 recorded in Book 651, Page 72, Deeds, Records of sai.d County, distant thereon S. 460 40' 28" W., 49.46 feet from a found monument marking Station 53 in said Decree; thence along said adjudicated line S. 466 40' 28" W., 634.03 feet to the point of beginning; said parcel contains an*area of 4,080 square feet, more or less. PARCEL 26.62: Beginning at a point on a curve in the Northwesterly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as described in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shoam in County Surveyor's Transit Book No. 125 on file in the office • of the Orange County Surveyor, said curve being concave Southeasterly, having a radius of 1220.00 feet, a central angle of 90 07' 22" and an arc length of 194.25 feet, a radial line of said curve to said point bears N. 420 10' 29" W.; thence along said Iorthwesterly line through the following described courses; Northeasterly along said curve through a central angle of 3° 10' 34" an arc distance of 67.63 feet; thence -9- I. it 19,01(p 1 .. 1 r �� tur:: ;'. ul. 1„ :•.ij r: i'?' .. ]1. :'.1'• 00' b!." i:., 6u.:: 1, .. 1: 1.<: it �C cra:vc e`o;ienv Tout_. -:; :t,.:rly 4111 h:wi.jtg it r.c+dl. of lUO.00 fret; t'.L•cnco no, Lnoaetorly along :raid curve through :i central angle. of . 90 40' 18" ;:n arc cii.ctance of 300.47 feat; tbonec t:mgent to said curve 1:1. 410 19' 47" E., 33./.l fact to it tangclut curve concave Northwcr,tci'ly and having a r++:diu.c of 380.00 feet; thence North- easterly along e ;aid curve through ;, central angle of 230 15' 50" an arc di:;t;ncc of 154629 feet; thence tangent to said curve N. 180 06' 57" P., 41,59 foot to :; tangent curve concave North- westerly and having n radius of 580.00 fact; thence Northeasterly along sai,l curve through a central angle of 50 46' 57" an arc dis- tance of 53.54 feet to n Point in the adjudicated line described in Decree No. 20436 rccor,led in P,00k 65.1, Page 72, Deeds, Records of said County, distant thereon S. 19" 05' 27" W., 21.48 feet from a found Monument marking St;•.tion 55 in said Decree; thence leaving said Northwesterly line along said adjudicated line S. 190 05' 27" W., 151.40 feet to n found monument marking Station 54 in said Decree; thence continuing along sn:id adjudicated line S. 44" 22' 47" W., 566.25 feet to the point of beginning; said parcel contains an area of 10,232 square feet, more or less:. . PARCEL 2G,7: -10- 3' EXHIBIT is " a7 Beginning at a point on a curve in the i ^,esterly line of Back Bay Drive, 40.00 feet in width, (formerly Palisades Road) as de- scribed in a document recorded in Book 1037, Page 269, Official Records of said County, the center line of said Back Bay Drive being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Westerly, having a radius of 580.00 feet, a central angle of 210 28' 36" and an arc length of 217.41 feet, a radial line of said curve to said point bears S. 810 13' 51" E.; thence along said Westerly line through the following described courses; Northerly along said curve through a central angle of 120 10' 48" an arc distance of 123.30 feet; thence tangent to Said curve N. 3° 24' 39" W., 302..37 feet to a tangent curve concave Easterly and having a radius of 370.00 feet; thence Northerly along said carve through a central angle of 390 40' 24" an are distance of 256.20 feet; thence tangent to said curve N. 360 15' 45" E., 21.31 feet to a tangent curve concave Southeasterly and having a radius of 520.00 feet; thence Northeasterly along said curve through a central angle of 440 20' 07" an arc distance of 402.37 feet; thence tangent to said curve N. 800 3.5' 52" E., 629.48 feet to a tangent curve con- cave Southerly and having a radius of 320.00 feet; thence Easterly along said curve through a central angle of 510 51' 44" an arc distance of 289.65 feet; thence tangent to said curve S. 470 32' 24" E., 3.63 feet to a tangent curve concave Northeasterly and having a radius of 355.00 feet; thence Southeasterly along said curve through a central angle of 18° 34' 38" an arc distance of 115.10 feet; thence tangent -10- 3' EXHIBIT is " a7 n ti•. LU ..a t(i ('file a, W (I7' (r "i• .., : L);, i`: ]rl' ' it ll•rr of.'1 i {. Clrl Yi: co.u.uvc iur the' . i'�y r t l.a v -i ucl ,:: ;din o -f ("U.00 fact; thence Sout.hr tcrly ,long u„id curve thi :uuglr , ccntr:il voile of 150 21' S0" an z:r,c. di.•t::ncc. of. 209.)G feet, th_ico L nuvil1: to aid curve S. L'. 3.0 2W 52" r., , 243. 49 to a tzoiq n, turve concave Northerly and ]nuv .ung a rradi.us of c80.00 fact; thence Lasterly along said curve through a ccnt.ral angle of 120 13' 12" an arc distance of 208.01 feet; thence tangent to said curve N. 860 17' 56" E., 56.G9 feet to a tangent curve conca;vc: soutinerly and having an radius of 260.00 feet; thence Easterly :long said curve through a central angle of 210 02' 25" an arc distance of 95.48 feet; thence tangent to said curve I S. 720 39' 39" E., 47.30 feet; thence leaving said Westerly line N. 170 20' 2.1" E_, 125.96; feet to a found monument marking Station 62 in the adjudicated line described in Decree No. 20436 recorded in .Book 651, Pa,cc 72, Deeds, Records. of said County; thence along said adjudicated line through the following described courses; N. 660 13' 42" W., 700.37 feet to a found monurent marking Station 61; thence N. 410 02' 21" W., 570.14 feet to Station 60; thence S. 840 48' 55" W., 846.12 feet to a found monument marking Station 59; thence S. 470 51' 25" W., 900.04 feet to a found monument marking Station 50; thence S. 370 52' 25" 19., 112.13 feet to a f ound monument marking Station 57; thence S. 230 07' 09" W., 107.85 feet to a found monument marking Station 56; thence S. 20 03' 43" E., 534.24 feet to the point; of beginning; said parcel contains an area of 18.829 acres, more or less. PARCEL D: Beginning at a point on a curve in the Southeasterly line of Back. Bay Drive, 40.00 feet in width, (formerly Palisades Road) as described in a document recorded in Book. 1037, Page 269, Official Records of said County, the center line of said Back Day Drive being shown in County Surveyor's Transit Book No. 125 on file in the office of the Orange County Surveyor, said curve being concave Southeasterly, having a radius of 480.00 feet, a central angle of 440 20'07" and an arc length of 371.42 feet, a radial line of said curve to said point bears N. 340 52' 13" W.; thence Northeasterly along said curve and ` Southeasterly line through a central angle of 250 28' 05" an arc distance of 213.36 feet; thence tangent to said curve continuing along said Southeasterly ..line N. 800 35' 52" E., 241.84 feet; thence leaving said Southeasterly line S. 650 35' 04" W., 202.51 feet; thence S. 350 06' 22" W., 65.59 feet; thence S. 630 52' 57" W., 59.40 feet; thence S. 32° 17' 33" W., .122.99 feet; thence N. 140 14' 14" W., • 103.04 feet; thence N. 300 46' 16." W., 57.91 feet; thence S. 870 55' 10" W., 38.49 feet to-the point of beginning; said parcel contains an area of 29,770 square feet, more or less. -11- i. i UNIT a. AV t Pic L;•:: }. i.t: Y' ]lcctitu,ina at .'; hoi.n t on r, curve in thy: southerly line of Lack ltay Drier, 40.00 fc(a: 3.11 o: i.d l:h, (f.0r m:.:r ly 1':i li r.,tile Roacl) as descri.bcd in a i�o c.•��.v�iL rOCCirdit<i in 1;00': 1037, Pitgc 2G9, nffi. ¢ial Rccorits of said county, the center line, 01: eaid 11a6c 13Lny Drive being ;hmm in County urvr:ym;':: T.rnru >it: nook No. 125 oil file in tho office of the Orange County Surveyor, said curve being concave Southerly and having a of. 2£0.00 i:cat., it raQi.a 1. line of sr.'i.d curve to said point bear:: 14, E° 39' 32" c.; thence Wcstorly along said curve and Southerly line thi.ough it central angle of 180 03' 40" an arc distance of 86.26 feet; thence tangent to snid curve continuing along said Southerly line S. 80° 35' 52" W., 334.59 feet; thence leaving said Southerly line S. 87" 33' 17" 'E., 70.72 feet; thence S. 790 21' 01" E., 94.60 feet; thence N. 88° 01' 56" E., 106.28 feet; thence N. 670 59' 06" E., 123.19 feet, thence N. 520 38' 47" L., 42.70 feet to the point of beginning; said parcel contains an area of 15,092 square feet, more or less. PARC1;L C: Beginning at a point on a curve in the Easterly line of Back Hay Drive, 40.00 feet: in width, (fo):merly Palisacles Road) as described in a document recorced in 13oo7c 1037, Page 269, Official Records, of said County, the center line of said Back, Day Drive being shown in County Surveyor's 'transit 13oo7c No. 125 on file in the office of the Orange County Stucvcyor, sai.cl curve being concave Westerly, having a radius of 420.00 feet, a central angle of 55° 23' 43" and an arc length of 406.07 feet, a radial line of said curve to said point bears N. 62" 59' 28" E.; thence along said Easterly line through the following described courses; Southerly along said curve through a central angle of 40" 36' 37" an arc distance of 297.69 feet; thence tangent to said curve S. 130 36' 05" 1J., 926.37 feet to a tangent curve concave Northwesterly and having a- radius of 220.00 feet; thence Southwesterly along said curve through a central angle of 240 37' 11" an arc distance of 94.53 feet; thence leaving said Easterly line along, a line non-tangent to said curve S. 130 36' 05" w., 15.53 feet; thence S. 210 29' 54" w., 51.18 feet-; thence S. 69° 52' 48" E., 132.64 feet-; thence S. 860 22' 34" E., 120.46 feet; thence N. 620 40' 16" E., 320.75 feet; thence N. BB° 08' 04" E., 226.60 feet; thence N. B70 14' 34" E., 355.45 feet; thence S. 71° 12' 15" E., 122..38 feet; thence S. 870 55' 49" E., 166.85 feet; thence S. 440 53' 13" E., 243.87 feet; thence S. 10 26' 29" E., 64.11 feet; thence S. 24° 42' 40" E., 68.14 feet; thence S: 70 24' 42" E., 1.39.21 feet; thence S. 460 13' 08" E., 212.86 feet; thence S. 31° 21' 03" E., 166.12 feet; thence S. 380 26' 23" E., 210.21 feet; thence S. 490 11' 16" E., 148.51 feet; thence S. 620 41" 01" E., 218.59 feet to the non - tangent intersection with a curve concentric with and -12- r 0 y Uo. UU ;.rcr rcn: Cln r' crly fyc ";I tnc co;iLcr line f. doo.,borcc as vciid center line is shricn on a mnp of Tract I @0. 6947, recorded in Pool; 265, Pagu!; 8 thloligh 12 of Misccllaneous ldrps;, Accorcln of cai.r; Comity, said . curve bc:i.ncj ooncovc• P.or tivaysterly and having a radius of 5950.00 feet, a re.clial line of said ctu:vc to said intersection bears S. 580 53' 19" E thoacc Northeasterly along ::aid curve through a central angle of 30 47' 09" an are distr.nce of 393.1.5 feet; thence tangent to ::aid curve jwir.alle1 with slid center line N. 270 19' 32" G., 310.71 feet; thence leaving saicl parallel line I.T. 610 50' 44" W., 105.16 feet; thence S. 620 43' 08" FT., G3.17 feet; thence S. 600 54' 20" W., 217.20 feet; thence S. 730 43' 42" 11., 241.09 feet; thence N. 260 34' 42" W., 533.73 feet; thence N. 130 02' 57" VT., 128.48 feetl thence N. 260 23' 16" W., 318.84 feet; thence. N. 450 49' 05" W., 204.61 feet; thence S. 860 23' 58" W., 161..19 feet; thence N. 800 56' 53" 1P., 174.79 feet; thence N. 740 36' 4U" W., 193.55 feet; thence N. 55° 10' 09" 47., 205.8G feet; thence N. 260 55' 16" W.; 114.55 feet; thence N. 20 05' 12" W., 178.72 feet; thence N. 320 30' 28" W., 168.09 feet; thence N. 600 42' 33" W_,. 467.10 feet;. thence N. 450 01' 25" W., 16.82 feet to the point of beginning; said parcel contains an area of 35.285 acres, more or less. Said parcels being more particularly shown on County Surveyor's Map No. 1 -71 which is attached hereto and made a part hereof. APPROM /;5 TO D13SCRI?TIOAT :zCC�td'dli.! er � L ^.h1: IONIVEYOR eputy ounty Surv.yor -13- 1 EXHIBIT "A "-3o r 1 EXHIBIT "A "-3o I RE -CAP OF FXHIBIT "A" 2 PROPERTY OF IRVINE COMPANY ,3 1. Three islands in Upper Newport Bay 4. 2. Parcel E (excepting portion owned by Defendants Bayless and Connell, etc.) 5 ) 3. Parcel F (excepting portion owned by ) 6 Defendants Bevash, etc., and portion .owned by Defendants Bayless and West side of Bay 7 Connell., etc.) 8 4. Parcel O 9 5. Parcel H ) 10 6. Parcels 26.1, A, A -1, 26.21, 26.22, B, 26.23, 26.24, 26.25, 26.3, 26.4, 11 26.5, 26.61, 26.62, 26.7, D, D -1, C. East side of Bay (pp. 1 -13) 12 S13 PROPERTY OF DEFENDANTS BAYLESS AND CONNELL, etc. 14i 1. Portions within Parcels F and E W= 15 S= °W 16 PROPERTY OF DEFENDANTS BEVASH, et al. 00 17 1. Portion within Parcel F 18 19 PROPERTY OF DEFENDANT DOVER SHORES COMMUNITY ASSOCIATION 20 1. Parcel I 21 22 23 24 25 26 27 28 29 30 31 32 'C : wm EXHIBIT "A "- 3► • • 0 ly 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GIBSON, DUNN & CRU'ICHER 8y: Robert S. Warren By: Richard G. Duncan, Jr. By: Bruce A. Tester 580 Newport Center Drive Suitc 800 Newport Beach, California 92660 i Telephone: (714) 644- .207). (213) 488 -7326 iAttorncys for Defendant and Cross- Complainant, The Irvine Company -RILED* AN 21= 99DAM E SL J%kGomry 0edl DWJW SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE COUNTY OF ORANGE, et al.., ) NO_ 194 245 Plaintiff, ) VS. ) THE IRVINE COMPANY, etc., et al., ) Defendants. ) STIPULATION FOR DISMISSAL OF ACTION AND ORDER THE IRVINE COMPANY, a West Virginia ) corporation, ) Cross - Complainant., ) VS. ) COUNTY OF ORANGE, . a political ) corporation; CITY OF NEWPORT BEACH, ) a municipal corporation, ) Cross - Defendants. ) STIPULATION 1. This Stipulation for Dismissal of the above - entitled action is made by and between Plaintiff and Cross - defendant COUNTY OF ORANGE ( "County "), Defendant and Cross - complainant THE IRVINE COMPANY ( "Irvine "), Defendant STATE OF CALIFORNIA ( "State "), Defendant JACK BEVASH, Defendant KATHERINE BEVASH, Defendant DOVER SHORES COMMUNITY ASSOCIATION, and Cross- Defendant CITY OF NEWPORT BEACH ( "City ") by and through their respective attorneys in light of the following facts: • • w J 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 iwh0 WXX 6 aulv:➢ (a) By Minute Order dated June 1, 1971, the County Board of Supervisors directed the County Department of Real Property Services ( "Department ") . . . to prepare a complete inventory of all public -owned properties and prescriptive right areas in Upper 'i Newport Bay and adjacent. areas." (b) In April 1972, the Department completed a report entitled "Upper idewport Bay Study of Public Rights and Access" and on May 1,. 1972, transmitted said report to the County Board of Super visors with the following statements made in the transmittal letter: "This study identifies within the study area all recorded rights and potentially perfectible prescriptive areas, as well as tideland grant restrictions on both private and public property. "An area generally bounded by Pacific. Coast Highway, Jamboree Road, Palisades Road (now Bristol Road) and Tustin and Irvine Avenues was investigated for the study. "All private property adjacent to the Upper Bay was inspected to ascertain the extent of public use. The title staff of this .Department physically walked the perimeter of the upper bay examining and photographing all visible signs of usage by the public. Photographs and exhibit maps in this Study identify these areas where possible prescriptive rights exist." (c) In May 1972, the County Board of Supervisors directed that a lawsuit be initiated alleging that certain parcels of real property within and adjacent to Upper Newport Bay are subject to pre scriptive rights and pursuant to that directive the above- entitled action was initiated by County "on behalf of the People of the State f� 9 ,I o J _ I 1' of California" on July 14, 1972, naming the State, Irvine and 2 certain other private parties as defendants. 3 (d) Irvine, upon being served in this action, cross - i 4 I� complained against the County and City for a refund of property 5 taxes paid on the affected parcels and against the County only for b inverse condemnation. 7 (e) The State, acting through the Attorney General, 8 acknowledged service of the County complaint herein and has had an 9 open extension of time in which to file an appropriate pleading. 10 (f) In 1974, . the County and Mary C. Bayless, John • 11 IConnell, Michael J. Connell, individually and as trustees for the 12 Mary C. .Bayless Trust, executed a Stipulation for Judgment Quieting 13 Title to Real Property whereby the County's title to a public 14 access easement was quieted as to a portion of the subject property 15 and the private parties' title was quieted in the entire parcel 16 subject to said easement. A judgment in conformity with said 17 .stipulation was entered herein and was recorded on March 13, 1974, 18 in Book 11093, page 1811, Official Records of Orange County. 19 (g) The interests of Defendants Stan -Shaw Corporation 20 and John F. Butler and Irene M. Butler no longer exist in any of 21 I parcels of real property described in the complaint filed in the • 22 above action by virtue of a reconveyance and all of those interests 23 have now revested in Jack Bevash and Katherine Bevash. I 24 (h) During the .pendency of this action, the State and 25 Irvine have been engaged in negotiations for the State's 26 acquisition of certain portions of the Upper Newport Bay area 27 having coastal wetland habitat value, and resolution of this action 28 is a condition precedent to such public acquisition. 29 (i) The State and County have independently reviewed the 30 factual situation giving rise to this action and based upon that 31 review have reached an agreement with Irvine and the City whereby 32 (i) the effect of th& alleged prescriptive rights in parcels to be PURR. OUMO 6 ROItHi 3 I • 1' 2 3 4I 6i6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 91M. PON M MICRO purcbaced by the State has been reflected in the price to be paid for such parcels by State to Irvine; (ii) Irvine will convey certain parcels and grant certain easements to the State and City /Cot in return for which; (iii) prescriptive rights claim to all other parcels will be abandoned by State, County and City (except as noted below); and (iv) this action shall be dismissed with preju- dice (except as noted below). This settlement is more fully set forth in Article 3 of that certain "Upper Newport Say Settlement Agreement" recorded in Book 11376, Page 1514 of Official Records of Orange County, which is incorporated herein by this reference. 2. Therefore, in light of the foregoing, it is hereby stipulated between all parties as follows: (a) With the exception of the interests affected by the previous judgment entered herein, this entire action shall be dismissed with prejudice as to the County and City as to all parcels described in the above - entitled complaint or referred to in said County "Upper Newport Bay Study of Public Rights and Access" and County and City covenant not to bring a lawsuit al- leging prescriptive rights over the areas generally described in paragraph 1(b) hereof. (b) With the exception of the interests affected by the previous judgment herein, this action shall also be dis- missed with prejudice as to the State and the State covenants not to bring a lawsuit alleging prescriptive rights over the areas generally described in paragraph 1(b) hereof except that such dis- missal shall be without prejudice and such covenant shall not apply to the property described as follows: All those lands lying between the perimeter boundary described in Exhibit 1 attached to the Upper Newport Bay Settlement Agreement (recorded at Book 11376, Pages 1514 et seq. of the records of the Orange County Recorder) and I that certain boundary line described in Orange County 4 • • l' V> 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Damn. DUM t {N10141 Superior Court Decree No. 20436, Orange County v. Irvine Company, recorded May 6, 1926, in book. 651, page 72 of Deeds, Orange County Records, . being portions of Blocks 4, 5, 51., 52, 53, 55, 56 and 57 of Irvine's Subdivision as shown on map recorded in boo). 1, page 88, Miscellaneous Record Maps, records of said County. Excepting therefrom that portion which had heretofore been occupied by the salt works under lease, license, or other agreement, written or oral. (c) This dismissal shall apply only to those rights and interests of the public arising by virtue of the rule set forth in the case of Gion v. City of Santa Cruz, 2 Ca1.3d 29 (1970) . (d) The reference to Public Resources Code Section 6308 appearing on page 2, line 15 of the above - entitled complaint is in error and is hereby stricken inasmuch as this action does not involve any issue relating to the title or boundaries of soverign tide and submerged lands granted by the State to the County. (e) It is agreed that the State has only appeared herein acting through the Attorney General of the State on behalf of the People. (f) In addition to the foregoing, it is understood and agreed that this dismissal shall have no effect upon the retained public trust easement for purposes of commerce, naviga- tion and fisheries . over the tidelands owned by Irvine pursuant to Tidelands Patent No. 204. Nothing herein shall in any way qualify or affect paragraph 2(c) of the Stipulation, .however. 5 1 (g) An order dismissing the above - entitled 2 action is conformity with this Stipulation shall be entered in 3 said action. 4 DATED: April ,�, 1975 6 EYELLE J. YOUNGER, Attorney General 6 . 7 By 6 Attorney for State on behalf of People 9 10 ADRIAN Counsel • 11 12 /KKUU�YPER, �Cou'ntty' / " 'v /I�V`�VY y B V-'�4✓`i +'� u 13 Attorney for County 14 15 DENNIS O'NEIL, City Attorney 17 16 Attorney for City 19 20 GIBSON., DUNN & CRUTCHER 21 • 22 BY I I 23 Attorneys £or Irvine, Jack Sevash, Katherine Bevash, Dover Shores 24 Community Association 25 ORDER 26 27 The above - entitled case is dismissed in accordance 28 with the provisions of the foregoing Stipulation and IT IS 29 ORDERED that all parties hereto shall comply with the terms 30 of this Stipulation and Orde 31 DATED: 2 , 1975 32 /1 N JUDGE F THE SUPERIOR T 1Z=' so t iIUINt/ 6 ' 0170 11 A M. MAR13 1974 MFRU '�I_ PaM ftFOUrSTED ADRIAN KUYPER, COUNTY COUNSEL and ARTHUR C. WAIII.STEDT, JR. , DEPUTY 177 L 2 Santa Ana, California 92702 3 Telephone: (714) 834-3312 0y=. 4 Attorneys for Plaintiff 8 SUPERIOR COURT'OF THE STATE OF CALIFORNIA IA� 9 FOR THE COUNTY OF ORANGE 11 COUNTY'OF ORANGE, etc., No. 194245 12 Plaintiff, STIPULATION FOR JUD(TMENT QUIETING TITLE TO REAL 13 VS. PROPERTY 14 THE IRVINE COMPANY, et al., wo Defendants. VU o� 17 IT IS HEREBY STIPULATED by and between Plaintiff COUNTY OF 18 ORANGE, on behalf of the.People of the State of California, and Defen- 20 ally and as Trustees for the MARY C. BAYLESS Trust dateid February 27, 21 1950, as amended,by and between their respective counsel, the un der- 22 signed, that Findings of Fact, Conclusions of Law and Notice of Entry 23 of Judgment are hereby waived and that the proposed Judgment Quieting 24 Title to Real Property attached hereto, marked Exhibit *11 A," and by 25 this reference made a part hereof, may be entered in the form and con- 26 taining the terms and conditions of the proposed said Judgment. Bi Arthur C. WahN!�V PAUL, HASTINGS, JANOFSVY 6, WALKER 32 B ez 11093ee 1812 1 ADRIAN KUYPER, COUNTY COUNSEL and ARTHUR C. WAULSTEDT, JR., DEPUTY 2 515 North Sycamore Street�� P. 0. Box 1379 3 Santa Ana, California 92702 \ 4 Telephone: (714) 834 -3.312 5 Attorneys for Plaintiff 6 7 ..: �3— 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA'"' / 9 F'OR` THE COUNTY OF ORANGE 10 • 11 COUNTY OF ORANGE, etc., ) No. 194245 12 Plaintiff, ) JUDGMENT QUIETING TITLE TO REAL PROPERTY . 13 vs. ) 14 THE IRVINE COMPANY, . et al.,. ) Yr 15 Defendants. ) _ �2W 16 ) ¢,Y o =: 17. It appearing to the Court that Plaintiff COUNTY OF ORANGE, on ' l8 behalf of the People of the State of California, and Defendants MARY C. 19 BAYLESS, JOHN CONNELL, and MICHAEL J. CONNELL, individually and as 20 Trustees for the TEARY C. BAYLESS Trust dated February 27,. 1950, as 21 amended, through . their respective counsel, have stipulated to Judgment • 22 as set forth hereinafter and have waived Findings of Fact, Conclusions 23 of Law and Notice of Entry of Judgment; and 24 It appearing t0 the Court that the stipulation of the parties 25 is as follows: 26 1. Defendants above -named own or have an interest in that 27 real property described in Exhibit "A" attached hereto and by this 28 reference made a part hereof. Said real property shall be referred 29 to hereinafter as "Larger Parcel." Title to "Larger Parcel" is pre- 30 sently affected by the existence of the Lis Pendens recorded by Plain - 31 tiff in the above - entitled action on July 18, 1972. .- 32. 2.. The parties hereby agree that title to that portion of ACW:sc • 1. h ax ! 1093f5 I $ 13 1 "Larger Parcel" described in Exhibit. "B" attached hereto and by this 2 reference made a part hereof and hereinnfter referred to as "Trans- 3 ferred Property" may be quieted in Plaintiff in fee simple absolute 4 subject to all matters of record as against said Stipulating Defendants. 5 3. The title of Defendants above -named may be quieted in said 6 Defendants as their interests appear as against Plaintiff as to all per- 7 tions of "Larger Parcel" other than "Transferred Property" except as 8 to all easements..of record and real property taxes, city taxes and 9 special taxes. 10 ':GOOD CAUSE APPEARING THEREFOR, 11 IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: • 12 1. Title to all that real property described in Exhibit "B" 13 attached hereto and known as "Transferred Property" is quieted in 14 Plaintiff in fee simple absolute subject to all matters of record as 15 against Defendants MARY C. BAYLESS, JOHN CONNELL and MICHAEL J. CONNELL, �01 16 individually and as 'Trustees for the MARY C. BAYLESS Trust dated Febru- o�: da 17 ary 27, 1950, as amended. 18 2. Title to all that real property described in Exhibit "A" 19 attached hereto known as "Larger Parcel' less that real property de- 20 scribed in Exhibit "B" attached hereto and known as "Transferred Prop- . IS - 21 erty" shat be quieted in Defendants MARY C. BAYLESS, JOHN CONNELL 22 and MICHAEL J, CONNELL, as Trustees for the MARY C. BAYLESS Trust • 23 dated February 27, 1950, as amended, as their interests may appear as 24 against Plaintiff except for easements of record and real property - 25 taxes, city taxes and special taxes which may be a lien against the 26 realty. . .s d•e 27 3. Title to said real property shall be quieted in the par - 28 ties referred to hereinabove in the manner described hereinabove, and 29 each party is perpetually enjoined and restrained from setting up or 30 / 31 / 32 2. h � � o 6K 11393PC 1814 I making any claim to or upon the respective parcels of real property of 2 the other party by reason of implied dedication to the public or other - 3 wise, except as set forth hereinabove. 4 DATED: '.AAR 3 1974 \ .. .... 5 ROBERT A. U6. 3YARD 6 Judge ot t e uperior Court 7 8 ' 9 10 ]MI] IM. NNPH 1) 1 CbYCT CM LY M MaVIAA (r • 11 TCT N O 5r• —' :qty rylE W UfH(! MAR lE 19�� 12 a'i Gf WILLIAM E. JOHN 3y.i<. � `t• ST 15 axe V a 16 THIS CERTIFICATE IS GIVEN FRLE OF CHARGE SOLELY UFDN THE CONDITION r THAT IT IS TO GE USED FOR CFFICIAL BUSINESS UNDER PROVISIONS $.0 17 THE OF THE GOVERNMENT CODE OF THE ATE OF CALIFORNIA. 18 19 20 21 • 22 23 24 25 26 27 28 29 30 31 32 o.Elr 3. • • LARGER PARCEL - 1093n 1815 DESCRIPTION: 1 - PARCEL 1: THAT POR.TI.ON OF LOT 152 IN BLOCK 51 OF IRVINE'S SUBDIVISION IN THE CITY OF NEWPORT BEACH, . COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN. BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH PORTIONS OF LOTS 104 TO 115 INCLUSIVE A140 OF LOTS 120 AND 121 AtiD OF BIRCH STREET ACID BAYVIEW DRIVE AS SHO414 ON A. MAP Ok7 TRACT NO. 700. Y.ECOROZO IN BOOK 21 PAGE 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTYy DESCRIBED AS FOLLOWS: BEGINNING AT THE INTaaSF:CTION OF THE CENTERLINES OF "MESA DRIVE AND 0PR'Z'CS. STREET Ac SHOWN ON- -SAID MAP OF TRACT NO, 7.06; THENCE NORTH 5(j0 It' 45" WEST 310.62 FEET ALONG THE CENTERLINE OF SAID MESA DRIVE; THENCE SOUTH ?60 I2' 0.5" WEST 250.00 FEET TO THE MOST SOUTHERLY C;7 ?NER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROLAND H. GAPP AND WIPE, RECORDED JANUARY 11, 1952 I:N BOOK 2273 PAGE 175 OF OFFICIAL RECORDS; THECJCE NORTH 500 11' 45" 'WEST 324;.24 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF ROLAND H. GAPP, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 360 13`.05 "WEST 705.18 FEET TO A PO1:N7 DN A NON- TANGENT CURVE ON THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO JAMES L. RUBEL AND WIFE, RECORDED JUL'i 2?, 1931 IN BOOK 2207.PAGE 198, OFFICIAL RECOROS, CONCAVE NORTHEASTERLY HAVING A. RADIUS OF 800.00 FEET, A RADIAL ' LINE THROUGH SAID POINT B ARS SOUTH 150 21% 53" WEST; THENCE NORTHWESTERLY :342.17 FEET ALONG- SAIO.•CURVE THROUGH A CENTRAL ANGLE 240 34' 40" THENCE NORTH S00 03' 27" WEST 52.06 FEET TO A POINT ON A NON— TAH^FNT CURVE - CONCAVE M)RTHWE S TERL Y HAVING A RADIUS OF 2080.00 FEET, THE RADIAL LINE OF WHICH BEARS NORTH 43° 07' 17" WEST, SAID PGli:T ALSO EFTN•G THE MUST WESTERLY CORNER OF THE LAND OESCRI6ED IN SAID DEED TO RUBEL AND WIFF; THENCE NORTHEASTERLY 19.61 FEET ALONG SAID CV2VE AND THE 'WESTERLY LINE. OF THE LAND DESCRIBED IH SAID DEED 70 RUBEL AND NtFF.:. THSDUGH A CENTRAL ANr,LE OF 00 32` 25 ", THENCE NORTH 4.60 20' 18" EAST 244,;34 FEET COHTT7IUING ALONG SAID WESTERLY LINE TO THE BEGINN'NG OF A CARVE .CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 500..00 FEET; THENCE NORTHEASTERLY 69.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 15' 20" THENCE NORTH 5.60 35' 38" EAST 418.18 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500..00 FEET; THENCE NORTHEASTERLY 25 91 FEET ALOF:'1 Sr ".10 CURVE THROUGH A CENTRAL ANGLE OF 20 58' 45 ",. TO THE '".OS7 'WESTERLY COf:NER OF THE LAND DESCgtBEO iN THE HEREINA13OVE MENTIONED DEED TO ROLAND H. GAPP, . AND WIFE; THENCE SOUTH 500 11' 45" EAST 165.99 FEET ALONG THE SOUTHERLY LINE OF ROLAND H. GAPP TO THE TRUE POINT OF BEGINNING. . EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE RECORDED FEBn L'ARY 15,. 1961 IN BOOK 5629 PAGE 45 OF OFFICIAL ALCOR EXHIBIT "A" • r1 L --A PARCEL 21 U 1 1093vc1816 AN EASEMENT FOR INGRESS AND EGRESS, 16.00 FEET WIDE, OVER THOSE PORTIONS OF LOTS 115, 119i14D 120 OF TRACT NO. 706, IN THE CITY OF NEWPORT BEACH. CCUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON A NAP RECORDED IN BOOK 21 PAGE 25 OF MiSCELLA,!_OUS MAPS,: IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HORTHi?RLY CORNER OF THE LAND DESCRIBED IN A DEED TO DONALD C, DUNCAN AND WIFE,.RECORDED SEPTEMBER 26, 1955 IN BOOK 3223 PAGE 70., 01r1CIAL RECORDS:. THENCE SOUTH 3'6' 13' 05" WEST 30.06 FEET, ALONG THE NORTHWESTERLY LINE OF SAID LAND; THENCE NORTH 500 11' 45" WEST 71,28FFEET AL014G A LINE THAT 1S PARALLEL WITH A14D 3.0.00 FEET 5n'jTHw E5TEpt,v n +' THE NORTHR'A.ST_FRLY 1_INE OF THE LAND DESL-P.IB4D 4N A. DEED TO LEROY L. CARVER; ,1R ?, AND FRANCIS H. CARVER, HUSBAND AND 4fIFE, RECORDED MAY 8;, 156.1 IN BOOR 5714 PAGE 1 OF OFFICIAL RECORDS, TO THE TRUE. POINT OFpBEGiN-NINGp THENCE NORTH 69' 27' 56" WEST 38.02 FEET, THENCE NORTH -A° 54' 56^ WEST, 36..24 FEET, THENCE SOUTH 740 43' 58" WEST, 38.11 FEET TO A POINT IN THE NORTHI!ESTERLY LINE OF SAID LAND DESCRIBED TO LEROY L. CARVER, JR., AND FRANCES H. CARVER, HUSBAND AND WIFE, SAID POINT BEING SOUTH 360 13' 05" WEST 45.65 FEET FROM THE MOST NOkTHERLY CORNER OF THE LAND DESCRIBED TO LEROY L. CARVER, JR., AND FRANCES H. CARVER, _ HUSBAND AND WIFE. - - i, TRANSFERRED PROPERTY 1093" 181-7 Z u ° DESCRIPTION PROJECT NO: GA 1008 PROJECT; Upper Newport Bay PARCEL NO: 27.01 A.P. NO: Ptn. 120 - 210 -20 Parcel GA. 1008 -27.01 DATE: 1/25/74/ WRITTEN BYt P.D.P CHECKED BY: R.F.D./ APPROVED BY: F.L.Hj� A strip of land 30 feet in width lying within a. portion of Lot 152 in Block 51 of Irvine's .subdivision in the City of Newport Beach, Count yy of Orange, State of California, as per map recorded in Book 1, Page 88 of Miscellaneous Maps, in the office of the County Recorder of said county,.together with portions of Lots 104 to 115 inclusive and of Lots 120 and 121 and those portions of Birch Street and Bayview Drive as shown on a map of Tract No. -706, recorded in Book 21, Page 25 of Miscellaneous Maps, in the office of the County Recorder of said county, said strip being the Northwesterly 30 feet of the following described land: Beginning at the intersection of the centerlines of Mesa'Drive and Cypress Street as shown on said map of Tract No. 706; thence N 509 11' 45" W 310.62 feet along the centerline of said Mesa Drive; thence S 360 13' 05" W 250.06 feet to the most southerly corner of the land described in Parcel 1 of the .Deed to Roland H. Gapp and wife, recorded January 11, 1952 in Book 2273 Page 175 of Official Records; thence N 500 11' 45" W 324.24 feet 'along the southwesterly line of said land of Roland H. Gapp, to the TRUE POINT OF BEGINNING; thence S 301 13' 05" W 705•ld feet to a point on a non- tangent curve on the southerly line of the land described in the Deed to James L. Rubel and.wi_fe,- recorded - July -23, 1951 in Book 2207,Pagge 198, Official Records, concave northeasterly having a radius of dOO.00 feet, a radial line through said pcint bears - S 150 21' 53" W; thence northwesterly 343.17 feet along said crave through a central angle 240 34" 40" thence N 50" 03' 27" W 52.06 feet to a point on a non - tangent curve concave northwesterly having a radius of 2080.00 feet, the radial line of which bears N 430 07' 17" W, said point also being the most westerly corner Of the land described in said Deed to Rubel and wife; thence Northeasterly 19.61 feet along said curve and the westerly line of the land described in said Deed to Rubel and wife, through a central angle of 0° 32' 25 ", thence N 460 20' 18" E 244.34 feet - • continuing along said westerly line to the beginning of a curve ` concave southeasterly having a.radius of 500.00 feet.; thence northeasterly 89.50 feet along said curve through a central angle of 10° 15' 20" thence N 56" 36' 38" E 418.18 feet to the .beginning of acurve concave northwesterly having a..radius of 500.00 'feet;. thence Northeasterly 25.99 feet along said curve through a central angle of 2" 58' 43 ", to the most westerly corner of the land described in the hereinabove mentioned Deed to Roland H. Gapp, and wife; thence S 50° 11' 45" E 165.09 feet along the southerly line of Roland H. Gapp to the TRUE POINT OF BEGINNING. EXCEPTING FROM said strip a portion of land described in the Deed ' to the Orange County Floid Control District recorded February 15, 1961 in Hook 5629, Page 6 of Official Records. • .. I 'EXHIBIT "B" - - • r0 :1 .( Vllr]1 tV,ClatUlD, IN IL. TU: 17992 u11'282n1864 Tine 1"Lnc C~..nv ExC(.)rT 'j bto s..imtt C. Lvi nrivr C'1 1 d.-wputt G!a: i:. CA 9_4bI SEEMED AT IISOUEV A E1RST AVER, TITLE INS, Ed. i Attn: Resident Lett olv I, inn is 0111 AL .ttas'sOr (State of California C "..°icial BU Si nc > : :j • OA+aas touhn, GLA (DOOa?ent Entitled to FT1e RccocdatLon M AM APR ;22 1975 Pursuant to Gowerivae nt Cote Sacciar. ti..a�) y� �J 1fTLIE CRAIT.LCtrer7AKtNa Spate +bOVe t'nis an.Tt d :<ardor 's use only ( IaMCE Oe TERMINATION OF LICENSE i y , - s Lice R[SE CCi'hcY, n Nest Yltg in L: �r. < nwr, nd. 7h. Regonu of the a C r t' arttict, I. L1 s,. :, undet t tit <erna Li<cie „r Aneant Septenbet t 911. In Book 9739, .: or J ea n;;c -.C... C, Caanty l: ge ::> of ttf tc ial �_..,. , .IS ,., ti'..: ar•,,:_o: cat 'r.<: tart _ . of Orange. State oP California, heteoatter reLctr:d to as "The Li :ens.:'• VoEREM. und:t said License, licenser gtantod to Llcrnsee the r"Ist and Lltense to use the fallowing desctlhed Property. subJ :ct to the covenants, conditions, itesttl.:tlnns and rtseteatlorts set fotth In the License: l That portion of Lit 158, Rlo.k 55 of Ttvins's " Subdiv. .tou to the City of v ;act Rrtaeh, county , of otanr,e. 5rats of Callfatn .. s per rap d,eteof tecorde.l In Seek 1, pwe. 53 of .. s a ellaneos Record i Naps, to the office of the County RecotJet of said Tounty. Jo +CtLbcd se follaua: AMIN11M.at the most Southerly cornet of Lot 80, Ttact Nu. 4224, as pet map re: atd.d In Oook IS), i pages 1 to 14, lneluelve, o! Sis. ti.:anrons Hips; t. thence i.,.th 10 16' 00" Er +c 25.79 feet alone the i Soathatly ptolongatian of the - Westerly line of said ' lot to o line F+tailal with and ',5.00 feet South - esstetly frm the Southeasterly line of said lot: i thence Notth 6S0 30' 20" L..st 161.70 i"t along said i pat.II.L line to the Southo+acerlY prolaq;atiun of 1 the Mott S.:nterly Ilne of said lot: thence ::otth - _ 34.0 ld' 00" West 25.63 feet nLong said Souih:astetl:- it ptoiatgstiot to the most Easterly cutnet of said lot: Chests South 680 30' 20" West 149.71 trot u10ng ,LJ. Southoastetly Line of Said let to the point of (_ beSlnning. YMEALAS, under 8atagtaph i of said License, Licensor has the rl'ghe and option s• at Any t1r to tenlnsce the License upon slaty (60) daY✓ notice In wtltlaa to. Licmaae: WIEREA9, written notice to Licensee w s ptovLAea on Jar,nty 8. 1975. In the ..At provided to uLd•Llc,n.. and sixty (b0) days have seer elap..J slots the data Of said notice. ?M TVMREFME. Licensee heteby ntalnatss sand License and M+teaftse License• L ahall have oo yutthet tight Lt and to old ptopetcyy. I C 1 1 J ( I i WHEN ILFCOROED MAIL TO: m ,ue 5'9- ,It� 019A�j 7993 ill 1232K 1665 WOMED IT ACQUEV OF *XCLAUS "Axa& coumn. M'r. 1AM AM 22 3975 10, I:se On �v 4 (state of fooc=ent !�ntitled �o Fr,Q 7993 ill 1232K 1665 WOMED IT ACQUEV OF *XCLAUS "Axa& coumn. M'r. 1AM AM 22 3975 10, 0 m I:se On �v (state of fooc=ent !�ntitled �o Fr,Q PUxsUAmt to C�d'l v A.P. NU FOR A VA 'A;i2 ife"ipt Of Which is h!TebY cknowledged. COUNTY OF O 17,-Cx does hereby REMISE. RELEASE AND FOREVER • QUITCLAIX to THE IRVII�,: COM?ANY. A 'Weac 7ir7.'kni, co:p.?racion. all rights in the real proye.zv rcgeiv,'. h, i _.i`:tY OF O&A.%GE fron '�e of �ge,� - lozporatim cr'n C:y*'%Y t De <? recorded rehn ry 26, 1969, as ao. 15836, in Book c885, Page 409, Official Records of Orange County, California, described 05' .7hose portions of Lots I —ia - 2 o eccior, °a, Lot I in Section 25, and 4, Lots 1 and 2 In Section 26 a!', In ';aniship 6 South, Rqnze 10 West, San Bernardino Mcridivn, in the City of Ncw,,ort Beach. Count), oC OraaLe. State of California, accordinZ to the o�lirial PI at of said land, of Tideland Patent No. 204 fron the Scgcc oC California retards„ : july i9' .1907, in Boot, 1, page 245 of Patents in CL, office of tha County Recorder of Orange County, of Blocks 5,, 51, 52, 53, 54, 55 and 56 of Irvine's Subdivision, as shcwn on a map filed in took 1, page 88 of Miscellaneous record .'.'Aps in the office of the County Recorder of Orange County, and Of Lot a,of Tract 400 filed in Book 169, pages 13 through 19 of Hi3ccllaneous Yaps in the office of the County Recorder of Orange County, included within the hereinafter described Parcels 1 't to 5 inclusive. m Parcel 1 Beginning at the Ucsccrly terminus Of that Certain COLLrSa Ihmni as "North 83- 56' 03" LA z 964.75" in the Souchcrly boundary of Tract 422'4, as shorn on a map filed In Look 157, Pages I throu,lh'14 inclusive of said :[isceLlaftcous Pans; thence Along said b . o"nJary the following courses and. discancLs: IAA SIATCy M Assam &"UM 0 m • / • '//1. 89' 47' 34" F.a5l 98..75 feet; 2. North B3'' 55' 06" l;asc ,80.03Y.crc; 3. North 60' 39' 08" Easc 250.51 Cccc; 4. North 35' 03' OS" Fast 213.61. Cccc; thence leaving said boundary and continuing 5. North 35' 03' 05" East 1332.06 Cccc; 6.. .thence tforch 59' 00' 32" Ease 627.50 feet; - . 7. thence North 20° 43' 31" Enst 612.90 feet; S. thence North 6' 34' 29" Wcst 1755.1E feet; 9. thence North 6° 16' 37" Wcsc 991.71 feet; 10. thence North t.' 11' 51" Fast 171 < + -27 feet; 11. thcucc North 8° 36' 50" West 1632.32 Cccc; 12. thence Norrh 8' 37' 19" East 2155.87 feet; 13. thence t'orth 51' 22' 32" t;nst 209.58 feet; 14. the lice North 89° 35' 25" Fast 25s1.07 fee t; 15. thence Souch '60° 36' 51" Ensc -'07.03 feet; 16. thence Souch 0' 59' 40" East 49.7 -00 fact; ,17; thence South 50' 37' 32" west 497.00 Cect; _ 18. thence South S0° 26' 42" 41cat 2001.63 -feet; 19. thence South 730 02' 11" 11asc 474.99 feet; 20. .thence .South 8' 37' 19" West 354.89 sect; 21. 'thence SOOLh 57° 48' 33" Cast 501.02 feet; 22.. thence North 73° 07.' 11" East 6216.46 feet; 23. thence South 16' 57' 49" East 400.00 feet; 24. thence South 73' 07.' 11" West 5056,07 feet; 25 th S eh 32' 39' 05" W •-e 20 "3 07 f . I cncc out s v cct, .26. thence South 16' 03' 27" West 556.09 feet; ' 27 thence Souch 4' 40' 33" Wcsc 599 81 feet- 28. thence South 5' 10' 02" Cast 683.87 feet; 29. thence South 120 25' 39" East 417.43 feet; 30. thence South 9' 57' 53" East 220.41 Cccc; ' 31, thence South 1. 53' 40" Fast 16'.7.70 feet; 3I. thence South 8' 34' 40" East 9e9:47 feet; - 33. thence South 26° 58' 17" Wcsc 117.58 feet; 34. thence South 200 09' 34" West $97.02 fact; 35. thence South 67° 0)' Oa" Wcsc 8c5.24 .feet; 36. thence South 26' 35' 29" Wast 351.82 fee e; 37, thence Souch 390 45' 07" West 442.07 feet; 38. thence South 12' 52' 48" West 568,.32 feet; 39. thence South 330 53' 27" West 229.67 feet- 40. thence South 85' 0)' OS" West 1169.18 feet; 41. thence South 83' 47' 06" West 1534.65 feet; 42, thence South 59' 03' 06" West 263.24 fact; 43. thence South 34' 19' 06" hest 4.31.84 feet; 44. thence South 39' 44' 09" West 1215.46 feet; 45. thence South 20' 46' 56" West 656.71 feet - to i point on the North: +cstcrly prolongation of that certain course eho,m as " North 56' 42° 00". west 459.90" in the South- - westerly boundary of Tract 4003, as shmm on a map filed in Book 188, page 13 through 19 inclusive of said Niscellancous Maps, said point being ::orch 55' 48' 25" West. 60.01 feet as measured along said Sorchuascerly prolongation from the a' f. . f a T N N. 1 roar Westerly corner of. said tract; +•r 46. thence I:orth 13' 34' 13" Lest 1063.93 fact to U.S. Bulkhead Station tunbcr 131, as sheen on a map of Nc:+port Lay. California shoving harbor (I lines, approved by the War Department February - .. is, 1951; A '//1. 89' 47' 34" F.a5l 98..75 feet; 2. North B3'' 55' 06" l;asc ,80.03Y.crc; 3. North 60' 39' 08" Easc 250.51 Cccc; 4. North 35' 03' OS" Fast 213.61. Cccc; thence leaving said boundary and continuing 5. North 35' 03' 05" East 1332.06 Cccc; 6.. .thence tforch 59' 00' 32" Ease 627.50 feet; - . 7. thence North 20° 43' 31" Enst 612.90 feet; S. thence North 6' 34' 29" Wcst 1755.1E feet; 9. thence North 6° 16' 37" Wcsc 991.71 feet; 10. thence North t.' 11' 51" Fast 171 < + -27 feet; 11. thcucc North 8° 36' 50" West 1632.32 Cccc; 12. thence Norrh 8' 37' 19" East 2155.87 feet; 13. thence t'orth 51' 22' 32" t;nst 209.58 feet; 14. the lice North 89° 35' 25" Fast 25s1.07 fee t; 15. thence Souch '60° 36' 51" Ensc -'07.03 feet; 16. thence Souch 0' 59' 40" East 49.7 -00 fact; ,17; thence South 50' 37' 32" west 497.00 Cect; _ 18. thence South S0° 26' 42" 41cat 2001.63 -feet; 19. thence South 730 02' 11" 11asc 474.99 feet; 20. .thence .South 8' 37' 19" West 354.89 sect; 21. 'thence SOOLh 57° 48' 33" Cast 501.02 feet; 22.. thence North 73° 07.' 11" East 6216.46 feet; 23. thence South 16' 57' 49" East 400.00 feet; 24. thence South 73' 07.' 11" West 5056,07 feet; 25 th S eh 32' 39' 05" W •-e 20 "3 07 f . I cncc out s v cct, .26. thence South 16' 03' 27" West 556.09 feet; ' 27 thence Souch 4' 40' 33" Wcsc 599 81 feet- 28. thence South 5' 10' 02" Cast 683.87 feet; 29. thence South 120 25' 39" East 417.43 feet; 30. thence South 9' 57' 53" East 220.41 Cccc; ' 31, thence South 1. 53' 40" Fast 16'.7.70 feet; 3I. thence South 8' 34' 40" East 9e9:47 feet; - 33. thence South 26° 58' 17" Wcsc 117.58 feet; 34. thence South 200 09' 34" West $97.02 fact; 35. thence South 67° 0)' Oa" Wcsc 8c5.24 .feet; 36. thence South 26' 35' 29" Wast 351.82 fee e; 37, thence Souch 390 45' 07" West 442.07 feet; 38. thence South 12' 52' 48" West 568,.32 feet; 39. thence South 330 53' 27" West 229.67 feet- 40. thence South 85' 0)' OS" West 1169.18 feet; 41. thence South 83' 47' 06" West 1534.65 feet; 42, thence South 59' 03' 06" West 263.24 fact; 43. thence South 34' 19' 06" hest 4.31.84 feet; 44. thence South 39' 44' 09" West 1215.46 feet; 45. thence South 20' 46' 56" West 656.71 feet - to i point on the North: +cstcrly prolongation of that certain course eho,m as " North 56' 42° 00". west 459.90" in the South- - westerly boundary of Tract 4003, as shmm on a map filed in Book 188, page 13 through 19 inclusive of said Niscellancous Maps, said point being ::orch 55' 48' 25" West. 60.01 feet as measured along said Sorchuascerly prolongation from the a' f. . f a T N N. 1 roar Westerly corner of. said tract; +•r 46. thence I:orth 13' 34' 13" Lest 1063.93 fact to U.S. Bulkhead Station tunbcr 131, as sheen on a map of Nc:+port Lay. California shoving harbor (I lines, approved by the War Department February - .. is, 1951; 0 ,yam / � It! 1382tt 1868 thence North 20' 43' 1G" East 22.75 foot; ' 4B. thence Nor Lh 35' 51" 5h" F'.a`;t 42,.',.05 feet; ..., - 49. thence hur Lh 3'i- 49' 17" East ly.8I,60 [Oct; 50. thcucc Su.: th 59' 02' 52" Last 584.55 feet; , 51. thence gorlh 73° 45' 15" East 728 -50 feet to the . point of bcginui.ng. EXCF.PrING ViKICF .F i!O`[ those certain parcels described in the Seventh d:w:�c'•�c nc. to Oroand Lo-iSc b.c:::eca The Irvine Comg:ny and lick 7.oy Y?a: rccoii :t Fclauary 24, 196E in Cool: 7650, page 37.2 of GrCieial Ketonic of srid Ocz:i:;c Co+uity. ALSO i:XCla'Cl':0 T!1 °KF.P f:O01 that portion lying within Tract 5361, ns shown on P. ma, filed in Eool: 190, pages 47 and 46 of said Nfsccllnncous ;LAPS. . - Bcgfnni.n;, at the Bouthcrly terminus of Course No. 7 described .. - in Parcel 1 above; thence Forth 70° 43' 31" East 500.90 .face along said course; nhnee 2lorth 69' 16' 29" West 444 -73 feet, more or less., to the On!inary Nigh Tide Line, as described in the final Iccrec entered in C:i sc No. 204.36 Superior Court of said Comity; thence Scut'iarly along said Ovd'ianry ;sigh Tide Line foPlo.+ing the varic.is courses therein to a line bearing ' ' North 54° 37' 19" Rest from a point on Course No. 6 described in Parcel 1 above dis..nnt thcr.:on.South. 59° 00' 32" West 100.00 f-et from the t:orzhcrly terminus of said course; thence South 54' 37' 19" Fast 375.40 feet, more or less, Co said Course No. 6; thence :;orch 59- 00' 32" East 100.00 feet to the point of beginning. aicel 3 Comadeneing at the Southerly terminus of Course No. It des - eribcd in Parcel 1 above; thence North 8' 36.'.50" West .562.42 feet along sn(d course to the True Point of 6egiunin;,; thence continuing North 8' 36' 50" West 450.00 feet; thence South 61. 23' 10" West 193.60 feet; thence South B.'36' 50" cast 450.00 feet; thence North 81° 23' 10" East 193.60 feet to the True Point. of Beginning. ." Parcel 4 Beginning at the Westerly terminus of Course No. 22 described in Parcel 1 above; thence. Forth 73' 02' 11" East 5736.46 fact along said course; thence North 16' 57' 4.9" West 2.50.00 feet; thence North 7.3° 02.' 11" Fast 320.00 feet; North 9° 36' 05" East 228.54 feet to a point on the Southerly boundary of the ' land described in the decd to the ?icwpotc Harbor Union high School recorded in Boo;: 7578, page 670 of Official records ' of said County,_ said point being on a non- eangent curve eon- . .cave Southerly having a radius of 2000.00 feet., a radial to said point bears ;torch 0.° 45' 32" Fast; thence Westerly 782.32 feet along said curve through an angle of 22' 24' 50" to the Southwesterly corner of said land; thence North 22° 30' 52" West 50.01 feet along the Southeestcrly boundary of said land to a point . on a non- tangcat curve concave Southeasterly having - ■-iadius of 2050.00 feet and concentric With said 2000.00 fooe radius curve above described, a radial to said point bears North 21. 40' 33" West; thence Southwesterly 224.14 £c ct alone said curve through an angle of 6- 15' 52 "; thence South 62' 07' 35" West 331..71 feet to the be,' inning of a curve eoacavc Barth- . .._. _. Westerly having a radius of 1550.00 feet; -thence Southwesterly t • I- L-1 8' 37' 19" Bast 354,69 QCL: Soazh 57* 4S, 33" azt 502-03 feet to the point of beginning- 4 r ir in ire i 0 609.99 feet A70113 Seill CUVVC tf%L-11:1-11 nil Zn'-7C Or 220 32' 41" co the b0l!i�0-%17y Of the )n,,6 described in the (lord to Alvin 5. cc•::. VcC,r,!,j S.1, 20219. 2.25 of acid Official Records; thci!cc Sot:Li: I* 00- k :,1. 7.9.,. ivpz alone said EostCl-ly Co an zii,.1C point Lheraill: LhCl:CC South 400 31' 44" wcst 70.00 F�.cC .110;13 L!, 5.1111.111:aS!.CrIY line Of said 3awl VO Liln SP-ith(I-ly C0VL1CV O: S.Zid land; iZOCLh 49' 22' 16" Wast 83.65 fCCt along tyx South::cstorly title of BAKCI I.,nd to a Point on a non-tniu,cn�t Curve cOnc.1vC t,'Ortherly hAvin, a radius of 1550.00 foct ,'od bcit,S tho'catinllaLiOn Of the CU"C last al,ovc. dcscril-cd, a radial to said point: bears Smich l' 20' 22" Ezst; cZ=ce Posterly 257.39 fect: along sn[d curve clirou?,'•i nn angle of 96 30' 52" to tlic Easterly boundary ct: the lAnd described in the deed to III rQcQrc1CJ y:nrch 21, 1931 in Eook, 2161 page 175 of shill Offici.11. :hence Along the boundary of said 1,111d Ch'. COUVSCS and distances: South 136 37' I'll" West 3G2.20 CCCL co the Southerly corner o-' said land; North 496 22' 15" WCSL 705.00 fort to the bc?,i,u,1.nZ of 41 CUCVC CMICIIVe havin.:� a radius of 81$.23 fecc; NorLhImSterly 301.15 feet along said curve through as anvIc of 216 30' 00" to the Southerly corner of the land descrxbcd In the decd to F. Roy Greenleaf. .7z.. recorded July 23, 1951 In Book 2.207, pofe 196 of said Official Records, said corner beinr, the beginning of a reverse ci:^.,c concavc, ':o:tha.,istcrly having a radius Of 600,CO fccc, a rndi3l through Said POi llt bears North 190 07' 46" c3st; thence along the Souch:jcstci:ly boundary of said land of GrccnIc3r the Collouina courses and distances: Nor.1wcsterly 193.73 feet along lost r.rnLjOuCd curve through nn xirlc of IS* 30' (),W' to the beginning of a reverse carve concave Southwesterly having a radiu's of 1000.00 fccc: \orLh,,VSCCrlv 401.43 feet along, said curve ',through an -Ingle 01 23* 00" 00": N, z Lit 75* 22�' 16'r West 333-50 feet to the bc6jjlnin& of a curve concave Northeasterly having a radius of 606.00 feet; Northweqtcrly 36+.96 feet alon, said cu-va thro-at;h an Angle of 26* 03' 18": :iorth 49* 13' 56" West 52.06 fact; thence leaving said boundary and continuing North 149' 13, 55" WC5L 20.33 feet LO 3 Point In that cocain course in the Souci t.tastcrly boundary of Parcel 102.1 dc.qcribcd as "South 46* 31' 06" bleat- 310.32 fact" in the deed CO LhC Drantc Cv,--rlty Flood Control District recorded 11,1ovcm!= S. 1961 in Book 5906, pave 516 of said Official Records; thence South 49* 20' 08"'i!cst; 56.95 feet to the SouthwesLirly terminus of said course and the beginning of a curve. in said boundary concave Northwesterly havin- a radius of 2060.00 feet; Lhcnae ScuC%,;csCccly 651.06 toot along said curve through an angle of 24* 30' 19"; thence South 730 50' 27" West 439.09 fccc along the Southerly boundary of said parcel and its t;csLcrly prolongation to th, ba? inninF of a Curve concave Southeasterly having a- radius of 940.00 foot; thence Southwestcr1r, 649.28 feet along said curve through an m angle of 39 Yt - 31' to an irlccrscction with Course Mo. 14 described in Parcel 1 above; thence Borth 69' 35' 25" Cast 2347.41 feet along said coursc.to its Easterly tcrminus; thence along Cotirscs 15 through 21 inclusive described in Parcel I above the follo;,in; courses and-dLscznccs: South 60*.36' 52" East 497.00 feet; South 0' 59' 40" East 497.00 feet; South 56* 37' 32" Vcst 497.C) icet; South 6S. 2G' 42" West 200L.i53 foct: South 73* OV 11" Test 474.99 fort; Sovrh 8' 37' 19" Bast 354,69 QCL: Soazh 57* 4S, 33" azt 502-03 feet to the point of beginning- 4 r ir in ire i 0 7j • 1138 :r61870 rarccl 5 ftcginnin,& at the Southerly terminus of Course No. 31 dcs- cribed in P:rccl. 1 zhovc; thence SouLF: 81* 18' 39" r---st 129.01 feet; LhC11Cc Vorth 69* 39' 00• East 56.00 feet; thence Sou Lh 6O* 42' 00" East 2S8.01 fcoC; thence North 66' 12' 00" East 139.CO feet; thence South &S* 47'.00" Fast 62.00 feet; thence :forth 47* 05' CO" East 100.00 feet; thence N.:th SG* 00' 00" East 6.00 ECCL; thonce South 476 52' 00" East 273.00 fevL; thence 5OULh 77' 20' OC" East 118.00 fact; thence ;!arch 74* 15' 00" Fast 41.4.01. fact; thence South 7G* 05' 00" East 93.00 fact; thence South 49* 45' 00" Fast 102.00 fQ(•t; thence Sout­n ' O East 53' 00" East 276.01 -3.01 fact; the feet; thcnec South m 05' 00East 21 South 24* 57' CO" E.".SL 209.01 feet; Ziiencc South 426 00' OV' East 238-OL feet; thc•cc South 58* 45' 00" Fast 151.00 fact; thence South 5* 02' 03" East 135.00 feet; chance South 29' 25' 00" East 68.79 feet to a point or. -:orth:1asterLy right of way line of Jamboree Road, 132.00 Toot In 4id1.h as described in the deed to the City of ::cwport Leach, - recorded June 17, 1966 in Bea': 7964. ?3*e 631 c 0. f icial Records of said County, snid pain: bcin, on a non-tan;cnt curve concave ZxarL11wcSLcr1y having a radius of 5950.00 feet, a radial to said point bears South 56* 27' 03" East; thence Northeasterly 646.61. feet along said curve and aloii* said right of way line through nn angle of V 13' 35'. thence North 27' ,; 19' 22" East along said ri.�.ht of way line 355.94 feet to he Southerly corner of Lot 3 of Tract 5' t25 as Shown on a =p filed in Back 199. pales 1 and 2 of Xisccl- laneou '.zps th,nce along the Southerly boundary of said tract the fol owing courses and dist..-..ccs: !:orth 62' 40' 38" West 116.82 feet; South 74' 30' !.7" Wcst 134.75 feet; South 64* 25' 47" Vc-t 136.50 feet; South 75' 42' 21" {fast 65.00 " feet; North 16* 56' 12 West 10.00 fact; South 87' 28 20" West 65.75 feet; ':orth 57m 31' 46" Vcst93.23 feet; North 26' 59' 05" West 476.12 feet; ::o-th V 55 , 05" West 106.08 feet; North 36' 33' 07" West 124.75 feet: North 24* 55' 00" West 129.52 feet; North 40* CV 19" West 259.96 feet to-an Angle point in the boundary of Tract 5377 as shown on a map filed In Boot, 218, pa -.as 10 through 13 inclusive of said ;-Usccll,,ncous raps; thence alon.- - the Southerly and SoutheszcCly boundary of s.iid tract the following courses --and distaoccs: South 81* 05' 33" West 151.77 feet; i:orLh 82•.41' 02" West 314.55 fee,; North 53* 54' 16" West 292.03 feet; North 21* 56' 24" East 166.01 feet; North 26' 03' 15" West 132.00 feet to an c7-,lc point in the boundary of Tract 5435, as shown on a map filed In B . a"-- 200. pz--os 17 through �t 21 inclusive of said xisccllcacous }?s;. thence along the � Swthticsccrly bcund.-.ry of s.:id tract the follo:yiop courses and dtscaiccs: North 26' 03' 53" Vest 72.83 feet; North 62* 110 23" West 605.66 feet; •orzh 31- a0' 54" W.-.3L 74.60 feet; South 53* 09' 02" wc5t 55.51. f-CL; f:rich 4S' 13' 05" Vest 30.00 feet; North 4I* 46' 55" 140SL 107.81 feet to a point that bears North 486 13' 05" East Iron Station '!a. 45 of Said Ordinary High Tide Line as shown on said map of Tract I i L I 54 . 35; Ll . W icnec SonLh 13' 05—" 11cst 19.21 fcat to said Stntion, 1! '. 45; thence South '6' 06' 12" west alon- said ordinary ltirh Tide Idue 1525.50 fccL to Station No. 44; thence bou;h 50 7 53 ;;.mot •CCL to .'C P of bcrjnnin3 EXCF.171::C THEIZErROM that certain pump station described as Parcel 3 it, the decd recorded in Book 8375, page 787 of said Official Records, more particularly described as follm's: comaencing at a point on the center line of Jamboree Road, t 'wide, described in the decd to the County 100-00 fee of Ornn" recorded in Book 4110, paZc 10 of Official Records, said point licitiS the t:orthcnstcrly tcraiinus of Uiat certain curve dcscrj.tod in saf.d dccd as being concave NorLhwtstcrly and having a radius of 1200.00 feet, an are len,,th of 333.92 feet and an anZlc at 160 10' 56"; thence North 26: 24' 35" East 293.61 feet alo,,Z said ccucer linc; thence Korth 63* 35' 25" West 50.00 feet to the TRUE 1101' OF BF:J:�'J':G on thc,Narth- � -r westerly right of wnT line of said J�xiborcc road; thence con tinuin %orth 63* 35 25" Vest 100:00 fucci thence NorLh 26' 24' 3P Fast 50.00 feet; thence SottCh 63' 35' 25` East 100.00 feet to said ;,orthwcstcrly rLrht of •'ay linci thence South 26. 24' 35" West 50.00 feet along said right of way line to the TRUE POINT OF BECINNINC DkltDe' PFF'& //" ATTEST: WTLLIAM'E. ST JORR Couwt end ex- officio Clerk of C Board of Supervisors of Orange County, CalLfamia v umputy STATE OF CALIFORNIA • Cmrm or OUNCE " On this 4 day of 19.J beforo m, a Notary • Public in and for said CCRI!aty And SCOft personally oppeared j&1zj,A4 A'e,2 ge e, Al to Chairman of the Board of Supervisors, of *rang* 6. • • 0 tc 113s2n 1 872 'Cwnq, UllEornie, no is knave to ee to be the person described is and aNmwrledgad a i z and whose name is subscribed to they half o said of Or"Ra and N N ' to nv that he executed the seme on as such officer thereof. bend end affixed my . IN WITNESS WHEREOF. L lure hereunto yet my off Sell Beal the "y and year in this certifies" first sbwa wLttes- /'+ 11 • / • Belch by the Irvine Company uwpuz y M r Itt ! 382tt 1873 RESOLLTION OF' THE BOARD OF SUPERVISORS OF I.' • ORANGE COUNTY, CALIFORNIA I 11 April 9, 1975 -• A On motion Of Supervisor Riley, duly seconded and carded, the i sI following Resolution was adopted: G� BE IT RESOLVED that this Board does hereby approve that certain •! Upper Newport Bay settlement dated .April 11, 1975, by and between the Bf City of Ne•dtort Beach, the County of Orange, The Irvine Company, the ni ` State of California. and the First American Title Ccmpeny, and the • 10 Chairman of this Board and the Clerk are authorized to sign the Agreement -III approved as to fora by the County Counsel and any documents as recommended 1. ,' by the County Counsel necessary to effectuate the teriss of the Agreement. BE IT FURTHER RESOLVED that the County shall pay its proportionate e N '. share of the caerov expenses as approved by the County Coursel. BE IT FURTHER RESOLVED that the various actions as set forth in U. the Agreement by County officers are hereby approved . with the approval 171F of the.County Counsel. - In • .U� AYES, SUPERVISORS TY.OYNS F. RILEY, RALPH B. CLARK, LAURENCE J. • } 1 SCY:11T, A::D RALPH A. DIEDRICH ' I i NOES: SUPERVISORS R. N. BATTIN •, i M ABSENT: SUPERVISORS NONE IS Cc Ia •. ,_ _ - STATE OF CALIFORNIA ) ' 19 ) 'so. - .. .. IS COUNTY OF ORANGE i Or. 26 I WILLIAM E. ST JOt77• County Clerk and ex- officio .Clerk of the to Board of Supervisors of O -.a"e County, California he eh), certify that I7 the above and foregoing Resolution was duly and regularly adopted by the • said Board at a regular aeeti=S thereof held an the i day of .. IB Aarit 19.5 , and passed by a Da vote of to oaid�r�� - - IN WITNESS WHEREOF, I have hereunto met BY hand and seal this )O 9th day of April. 1975 _•„ _,._.. .____.__�. ' )1 WML AM E. ST JCMX . . Cgeety Clerk and ex-officio Clerk -- )I Resolution No. 7S -515 of the Board of Supervisors of ' CHPIwm Upper %cwport Bay Settlexnt Orange County, California a•s Agreement, Transfer of Certain ( ••....__..•, .:• Real Property to State of By �s�y dN California and City of ::ewport I•. �:: +-- _.t..t% Belch by the Irvine Company uwpuz y M L 17 20 That portion of Bloel; 54 of Irvine's. Subdivision in Lho City of pl Newport Leach, County of Orange. State of California as shown on 22 a MIP filed in Dealt 1, page 88 of Miscellaneous Record Naps in 21 the office of Lhc county Recorder of said County together with M thit portion of Lot A of Tract 5361 as shown. on a map filed in `` Book 190, pzZcs 47 and 48 of ilisccllancous laps in the office of 26 said County Recorder, lying Northerly and Northwesterly of the 21 following described line: - - Beginning at the Easterly teminus of Course a:u.bcr•41 So described as "Scuth 63° 47' "" Wast`15S4.o5 feet" in PaLCnI I in ¢he decd to the County of Oran +c recorded at _ in B00%3885, pare 409 of OMcial Records of said County{ tisane along bcarscs 41 :h_J..;,a 45 as EacriSed in said 22 decd, the following courses and distances: rAa Lu 5FAD11ZI ;rS TO RLTJRa AQMM AW& 17994 t[ 11382ts 1874 `. EXE.'APT CI s Rtceeptp sr atournor ., I k'REN RECORDED MAIL T0: '�' .1RSf aaainll :si t0. 7µi Iav�.+' L'sr.rw..r w ar•:c•u t ;casm or 'D Y Sr. uvv r.wf a.1..raL Y•v" ausc: wean. uur- taty /•P+ 6:Iw/. fAuP 9m.65 0.0U A•a APR `�•.� �5%$ a N trexuxintca.ne..cr i. �'. ( o Above ThiX L b pM CP (state of CalifOCnla Official `L.• IDOCU•nent Entitled to Free -+- 6- Pursuant to Go cent CadJ Sccti.,n 6.Le7) ` ✓e�:w,.r .g ar w..a e+^^•'�"� !Ir.i.. ,'Y G'Y""'T 6.- .....i•'— _.esw. u+ r..r r ,.ewr� 7 QUITCLAIM DEED rwrwr.r. B A.P. NO ` o 9 FOR A VALUABLE CONSIDERATION. receipt of which is hereby 10 acknowledged, COUNTY OF ORANGE does hereby REMIFE,. REIYASE AND FOREVER 11 QUEMAIM to THE IRVINE COMPANY, A West Virginia Corporation, all rights 12 in the real property received by the COUNTY OF ORANGE from TOE IRVINE 12 COMPANY by virtue of that certain Corporation Crane Deed recorded 14 February 27, 1969, as Instrument No. 16855 in Book 8886, Page 947, 15 official Records of Orange County, CAliforniar descr abed as: 17 20 That portion of Bloel; 54 of Irvine's. Subdivision in Lho City of pl Newport Leach, County of Orange. State of California as shown on 22 a MIP filed in Dealt 1, page 88 of Miscellaneous Record Naps in 21 the office of Lhc county Recorder of said County together with M thit portion of Lot A of Tract 5361 as shown. on a map filed in `` Book 190, pzZcs 47 and 48 of ilisccllancous laps in the office of 26 said County Recorder, lying Northerly and Northwesterly of the 21 following described line: - - Beginning at the Easterly teminus of Course a:u.bcr•41 So described as "Scuth 63° 47' "" Wast`15S4.o5 feet" in PaLCnI I in ¢he decd to the County of Oran +c recorded at _ in B00%3885, pare 409 of OMcial Records of said County{ tisane along bcarscs 41 :h_J..;,a 45 as EacriSed in said 22 decd, the following courses and distances: rAa Lu 5FAD11ZI ;rS TO RLTJRa AQMM AW& • / • I _ s 111 1382fc 1875 South 83. 47' 04" Hest 1554.65. feet; South 59s 03' 06" < 2 Hest 263,2!: rcc:; South 34. 19' 04" hest 411.94 feet; z South 39. 44' 06" L'cst 1215.46 feet; South 20° 46' 56" - N / 3 Nest 656.71 sect 4 to 4 point on the RortSvesterly rolonoation or. that eer- u..m fain course sh as "Nortl% � 56° �2' G0" hest 489 "90" in V-4 6 the Southwesterly boundary o. Tract 4001, cs shown on a nib filed 'n dco:: 166, page 13 through 19 inclusive of 8 saiE Dasce: ?aucous ",Ips, said point being i ?octh 55+ 43' 25" Nest 60.01 feet as measured along said No theestcrly pro, ' ' - T r longation froa, the most l!cstcrly, corner of said tract. + 8 DATED _ &Xl1 If r.I/1 -1 - 8 C0UM OF ORANGE 10. 1 11 By Chairman or to Board of upery 3ors 12 ATTEST: - I 13 WILLTAN E. ST JOHN - ' County Clerk and ex- officio Clerk - 1 14 of the Board of Supervisors of Y orange county, California - I IB BY Deputy 17 17 18 STATE OF CALIFORNIA) 19 ) sa. CWNiy OF ORANGE ) {f 20 On this 1L'Iday of A_, 19 _Z2, before me" a Notary i - 21 Public in and for said County and State personally appeared 1 22 D. /T,frfl , as Chairman of the Board of supervisors of Orange County, 23 California, who is known to we to be the person described in and whose 24 name is subscribed to the within instrument, and acknowledged to me that 26 he executed the same on be half of said County of Orange and as such 26 officer thereof. 27 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my 28 official seal the day-and year in this certificate first above written. O 2 3 8 80 f � • • COPPORATIO14 GPA:IT DEM) FOR A VALUABLE CO:iSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COM7ANY, a corporation organized under the laws of the State of Wean Virginia, does hereby GRANT to THE STATE OF CALIFORNIA, the reel property in the City of Newport Beach,. County of Orange, State of California, described in Exhibit -A• which is attached hereto and by this..refcrcnce is incorporated in and made a part of this Decd; ' SUBJECT TO covenants, conditions, restrictions, reservations and easements and rights of way of record. The land heroin described is being acquired by Grantee pursuant to California Fish and Gama Code Sections 1586, at seq. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and .Secretary thereunto duly authorized. -DATEDi �ro 1975. \�V1Nt COHp THE IRVINE COMPANY By l 5 Ef -A L� - President ' �S7 YIPG \'A Sccrewry 1 Neil Tax Statements To: (Grantee Tax Exempt) ' 1 -- A .. a,.. r�nravaevC '!.af'.�. ^..'rtw'.hw'a... .. _ —_- -. •� 9 'r RSS Sa ' WICo.,!. .9 PECJESTCD DY AND RECORDED 17995 oil 1382n1876 .. - N .WALL TO: .J E,.a (PT STATE: OF G \LIF'OtiIIA sztoaeea 4 etauua n @Si AxDt Rift IMS Ll N. Gregory Taylor, Esq. C1 IN tnrcw.s¢orsra Deputy Attorney General aLgG[COYMiT. CKV: .' 800 Tishman Du Lldinq 809AM APi 711975 7590 Wilshire Blvd, We Angeles, Calif. 90010 lMrik GUl6tCwaei hcwfv i 1• �~ ��� w ~ �_^ •�•> (State of California Official Business) Ma �. f AM � �' N ti ➢T1,1 (Document Entitle to Fr" Recordation Y�,�,, am w..ws•m .�..+ >u, Pursuant to Gov -ent Code Section 6103) �e.�,r .. ��•��•�+�"`+ - = A.P. NO. 44e -1` f?.e -w Ha -u+ Spate abuVe t 1s 1nC or HCCOr et • use ' COPPORATIO14 GPA:IT DEM) FOR A VALUABLE CO:iSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COM7ANY, a corporation organized under the laws of the State of Wean Virginia, does hereby GRANT to THE STATE OF CALIFORNIA, the reel property in the City of Newport Beach,. County of Orange, State of California, described in Exhibit -A• which is attached hereto and by this..refcrcnce is incorporated in and made a part of this Decd; ' SUBJECT TO covenants, conditions, restrictions, reservations and easements and rights of way of record. The land heroin described is being acquired by Grantee pursuant to California Fish and Gama Code Sections 1586, at seq. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and .Secretary thereunto duly authorized. -DATEDi �ro 1975. \�V1Nt COHp THE IRVINE COMPANY By l 5 Ef -A L� - President ' �S7 YIPG \'A Sccrewry 1 Neil Tax Statements To: (Grantee Tax Exempt) ' 1 -- A .. a,.. r�nravaevC '!.af'.�. ^..'rtw'.hw'a... .. _ —_- -. •� 9 'r RSS Sa u l 136 2r 1877 STATE Or CALIFORNIA 1 COUNTY Of ORANGE On aAd—k 1975, before me, the undersigned, a Notary Public in and for said State, personally appeared j�aTZh. known to me to be the President, and e, known to me to be the secretary of the corporation that executed • the within Lnstrument,:and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to nc ,that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official %cal. .............................. L LORRAINE AAII I., and 1 ...... No[ary e'u�liC la and _ sa td - n`-f• ray. ar,t County and State 1'.•.:::...... • ........... ... CERTIFICATE CF ACCEPTA::CE AND CONSENT TO RECORDING OF DL£D TO THE STA:'E OF CALIFORNIA • This Is to certify that the interest in real property conveyed by the Corporation Grant Deed dated lC,.G /(n 1975' from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OFFISH A :ID GAME, a governmental agency, is hereby accepted effective 1975 by the undersigned officer or agent on behalf of the DEPARTME:IT OF FISH AND GAME pursuant to authority conferred by resolution of the rISB AND GAME ' COMMISSION of the State of California adopted on Decembcr 6, 1974, and the Grantee consents to recordation thereof by its duly authorized r z R.: N: K officer.. . DATED: / 1975_ STATE OF CALIF08N1A DEPARTMENT OF FISH AND GAME 3 ^ BY C ` v � 1J+.1- �rs.54� w r' I u L A T', r EXHIBIT A r -7 u I I C82rc 1878 ' 1L. All that certain land. partly in the City rf Newport Beach: all In the County of Orange.. State of California. being: Lots 1 and 2 of Section 23.. Lot 1 of Section. 25. Lots 1 and 2 of Section 26 all in z Township 6 South: Range. 10 West. Sun Bernardino Meridian, according N N. to the official plat of said land as shown on a map recorded in e K Book 3, page 7 of Miscellaneous Maps, records of said County: Tideland Patent No. 204. from tho State of California. recorded - ' July 19. 1907 in Book 1, page 245 of Patents, records'of said . County: Portion, of Blocks 4. S. 51. 52. 53. 55, 56 and 57 of Irvine's Subdivision. as per map filed in Book 1. Page 88, "Miscel- laneous Record Naps, records of said County. included within the following described boundary and any other land owned by grantor Included within said boundary: Beginning at the Northeast corner of Lot 12 „ Tract No. 4224, as rn ' shown on a map filed in Book 157. pages 1 through 14, Miscellaneous Maps, records of said Orange County: thence along the boundary of . said Tract the following described courses: _ 1. South 36' 3.7' 10" East 118.99 feet: r, 2. South 21' Z2' 0"' East 266.44 feet: 3. South 13' 05' 01" East 103.13 feet: 4. South 4.' 18' 23" East 214:74 feet: - - S. South 4' 38' X29" East 190.28 feet: - 6. South 20' 22' 24" East 193.47 feet: T. South 3' 05' 03" West 88.53. feet: '- 1 B. South 23' 28' 09" west 87.23 feet: n' 9. South 33' 22' 06" West 272.21 feet: ti 10. South 26' 11' 31" Nest 24Z.29 feet: - t. 11. South 24' 24' 07" West 160.08 feet: 12. South 22' 36' 56" West 160.31 feet: s ( T', r EXHIBIT A r • • 13. South I9' 23' 14" zest 307.32 f6e[; 14. South 30. 19' 39" West 116.92 feet: G; p T 25. SoutR. 0. 11' 19'^ GASC 81.39 feoa; z 16. South 11. 31' 25^ East 80.01 Feet; V 17. South 21. 04' 53" East 162.61 feet: - Fti ut 18. South 12. 00', 06" East 80.02 feet to the Southeast corner Lot 45, said Tract No. 4224:: thence leaving said .. boundary; . 19. North 77' 33' 39" East 84.52 feet; thence 20. South 46' 33. 28" East 50.93 feet: thence 21. South 77' 44' 07" East 23_34 feet; thence ., 2.2.. North 84. 48' 20" East $5.23 feet; thence .23. South 47. 24.49" E. 59.44 feet to the intersection with a line that is a.t right angles to the Northeasterly line - t: of Lot 54, said Tract No. 4224. and passes through the - Northwesterly corner of said Lot 54; thence 24., South 20' 001 29" East 208.14 feet along said line to said Northwesterly - corner: thence along the boundary of " said Tract No. 4224 the following, described courses: S 25. North 69' 51' 31" East 130.00 feet; ' 26. South 18.07' 35" East 156.92 feet: V. South 7' 33' 23" West'122.22 feet; .5 28. South 36. 25' 04' West 137 :03 feet; 29.- South 50. 24' 35" west 99.89 feet: 30. South 54' 05' 3S" West 127,86 feet: ' 31. South 44.0 446 03" West 117.00 feet; a: 32. South 39. 43' 05" West 216.76 feat: • 33. South 34. 18' 41" Nest 162.79 feet; �.=. 34.. South 11' 26' 49" East 90.42 Feet: �'� O 35. South 52' S3' 55" East 218.43 feet: n � 36. South ZQ' 06' 02" East 2$12.56 feet: 31. South 20* 31' 44" East S9.20 feet; • i • k:l .. '38. South 24' 30. OZ- East 299.33 feet: a� 39. South 33• OS' 39" Cast 204.70 feet; (l� 880 ' - 40. South l8' 18' 2S'• Nest 21.3.42 feet; F't 41. South 9' Sl' 31" West 235.90 feet: N C ra 42. South 69' 21' S1" Nest 209.71 . feet to the Southwesterly m -. corner of Lot 80, said Tract. No. 4224; thence leaving said boundary;. K 43. South 17" 08' 2i" West 106.94 feet; thence - 44. South SO. 25' S7" West 252,09 feet; thence , • 4S. South 41' 32' S4" -West 446.29 feet: thence • 46.. South 31. 18' 49" West 14.0..46 feet; thenco 47,. South •90 SO' 24•• W <st 211.91 feet, thence ` 48. South 0' 40' SO" West 393.71 feet to Station .yo. 110 of the Ordinary High Tide Line as described in the final ' decree entered in Case No. 20436 Superior Court . of said Orange County, said Station tiering . an angle point in the . boundary of said Tract No. 4224;. thence 49. South, 11 S3' 04" East 122.43 feet along said Ordinary i • `High Tide ,Line and boundary to Station No. 111 of said i( Ordinary High Tide Line; thence leaving Said Line and - boundary SO. East 100.00 feet: thence ' S1. South 7. 43' 4,S^ West 798.21 feet: thence S2_ South 424.00 feet: thence L - S3. East S63.00 feet: thenco $4. North 260 19' 40" East 467.24 feet t0 a i a ' point, in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640. Page 298, said Official Records, said point being South 82. 17. 23^ i 3 ' West 100.00 feet along said line from Station No. 25 • of said Ordinary -Ifigh Tido Line; thence SS. North 82. 17' 23^ East 100.00 feet along said line to said Station: thence �/ • i _ ' tt 11382tt 1 881 -` ,o� d S6. South 24' 13' 27" East 39.30 feet along said Ordinary ' High Tide Line to the Northwesterly terminus of that i certain 90.00 foot strip of land described in a deed to the County of Orange for Back Bay Drive, formerly z :N ro . -. Bayside Drive,. recorded in Book 428&, page 316, Official`'. in Records of said Orange County; thence;{ ;K S7. North 66' 17' S1" Bast 6.SS feet along said Northwesterly' • • terminus to a point on the Southwesterly right of way line of Back Day Drive, formerly Palisades Road, 40.00 " .feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page .269, said Official Records, said point being the beginning of a curve ' I. - concave Easterly and having a radius of 220.00 feet, a {jy - radial to said point bears South 66' 17' S1" West;t " ,thence along said right of way line the following _ - described courses: - S8. Northerly 147.87 feet along said curve through an angle • of 38' 30' 40 "; - $9. North 14' 48' 31" East 93.81 feet; - .. - 60. Northeasterly'1S7.19 feet along a 320.00 foot radius curve that le concave Southeasterly through an angle of i ' 39' 08' 40 "; 61. North 42' S7' 11" East 123.69 feet; 62. Northeasterly 64.82 feet along a 220.00 foot radius n curve that is concave Southeasterly through an angle of �1 16' S2' SO "; 1 63. North S9' SO' 01" East 82.93 feet; 64. Northeasterly 1S1.S6 feet along a 230.00 foot radius - curve that is concave Northwesterly through an angle of 37' "4S' 20"; 6S; North 22. 04'.41" East 8.49 feet; 66. Northeasterly 374.10 feet along a 370.00 foot radl us - curve that is concave Southeasterly through an angle . S7' SS' 48 "; i /0 I F] •i ., .�. - .. fc-- - 67. North BU• 00' I9- Last 97.75 feet: _ 68. Caste rly 174.88 feet along a 1980.00 foot radius curve r 7_'t that !s concave Northerly through an angle of 5' 03' 3B": w L N: 69. North 74' 56' 51" Last 116.34 feet: �f m ' 70. Northeasterly 119.54 feet along a 330.00 foot radius K curve that is.eoncave Northwesterly through an angle of ' . 20' 45' 20 ": 71. North $4' 11' 31" East 28.69 feet: t 72. Northeasterly 92.50 feet along a 230.00 foot radius t r.: . curve that is concave Northwesterly through an angle of 23' 02' 73. North 31' 09'01" East 37.97 feet: 14. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of La 11' 31' 10": 75. North 42' 40. 11° East 19.36 feet: 'Z 76. Northeasterly 180.06 feet along a 780.00 foot radius curve [hat is concave Northwesterly through an angle of •. 13' 15' 20": I. r a 77.. North 29' 24' $1-- East 110.51 feet: �dti 78. Northeasterly 180.55 feet along a 230.00 foot radius 'p i curve that is concave Southeasterly through an angle of .� 11' 59' 40": 's 79. North 74' 23' 31•' East 71.57 feat: ,a 80.. Northeasterly 131.8$ feat along a 180.00 foot radius -; - curve that is concave Northwesterly through an angle of 41. 58' 1D'": '. $1. North 32' 25' 21" Cast 98.40 feet; r',. s ". 82.. Northeasterly 139.72 feet along a 580.00 foot radius curve Thai is concave Northwesterly through an angle of . 13' 48: •i • • I I I 1382rc 1883 83. North IS* 37' ]1' Last 191..57 fact; 84. Northerly 190.95 feet along a 680.00 foot radius curvy that is concave Westerly through an angle of 16' OS' 20 ": 6S. North 2. 11' S1" East 112.97•fcet; 86. Northerly 171.90 feet along a 480.00 foot, radius curve that is concave Westerly through an angle of 200 31. 10": 87. North 17• S9' 19" Nest 105.85 feet: 68. Northwcsterly 219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21 40 40"; 89. North 39. 39. $9" Nest 30.S4 feet: j 90. Northwesterly 209.18 feet along a S80.00 foot radius •� curve that 1s concave Southwesterl throu •h an an la of 1 _ ' b S z N N i 1 I sn. H i 13 D. i.: Of F I_ r' I, i' f 1 i i I 1 i i y 9 20. 39' SO": 91. North 60. 19' 49'• West 2S6_75 fact: -92. Northwesterly 166_34 feet along x.210.00 foot radius curve that is concave Northeasterly through an angle of 45. 23' 00": . 93. .North 14• S6' 49'• Nest 2.29 feet: . 94. Northeasterly 103.72 foot along a 70.00 foot radius curve that is concave Southeasterly through-an angle of ,9S. North 69' S6' S1" East 84.17 foot; 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of S6. 22' 00 ": 97. North 13' 34' Sl" East 926.31 feet: 98. Northerly 367.32 feet along a 360.00 foot radius curve that is concave Westerly through an angle of SS* 23' 00": 99. North 41. 48' 09" Nest 241.47 feet: 100. Northwesterly 99.32 feet along a 210.00 foot radius curve that is concave Northeasterly through . an angle of SS' S2' 00 "; ' b S z N N i 1 I sn. H i 13 D. i.: Of F I_ r' I, i' f 1 i i I 1 i i tl1 1382tt 1 881 101. North 15' 54' 09" Wcst 54.87 feet: 102. Northwesterly 165.17 foot along a 580.00 foot radius eurvo that is concave Southwesterly through an angle of 16' 19' 00 103. North 32' 15' 09" Nost 39.22 feet: 104. Northwestorly 93.71 feet alone a.480.00 foot radius curve that is concave Southwesterly through an angle of 11' 11' 10 ": 305. North 43' 26' 19" West 193.40 .feet: .106. Northerly 362.21 Boot along a 370.00 foot radius curve that is concavo Easterly through an angle u: 56' 05' 20": 107. North 12' 39' 01" Cast 252.19 feet: 108.. Northerly 292.89 foot along a .1780.00 foot .radius curve that is concave Westerly through an angle of 9' 25' 40 ": 109. North 3' 13' 21" Cast 14.17 foot: 110. Northerly 293.38 feet along a 1820.00 foot radius curve z.. 3 1.: t z 1 II - that Is concave Easterly through an angle of 9' 14' 10 ": / 111. North 12' 27' 31" East .27.16, feet: ,• 112. Northerly 236.73 . feet along. a. 1180.00 foot 'radius curve '., that is concave Westerly through an angle of 11' 29' 40":I .'9... 113. North 0' 57' 51" East. 82.33 fee[: 114. Northerly 194.78 feet along a 620.00 radius cu rvs that 1s concavo Eastorly through an angle of 48' 00' 00 ": 115. North 18' 57' 51" East 20.34 feet: 116. Northeastorly 170.04 feet along a 150.00 foot radius '! curve that is concave Southeasterly-through an angle of 64' S7" 00"; .. .. .. .. 1.17. North 83' 54' 51" East 78.48 feet: r.. ` 113. Northeasterly 127.39 fast along a 180.00 foot .radius curve that,is concavo Northwesterly through an angle of x - .40' 33' 00"; iii -7. w t E • n 11 q III 1382tc 1885 119. North 43' 21 Sl** East 57.99 feet: 120. Northcaiterly 184.74 feet along a ISZ0.00 foot radius curve that is concave Southeasterly through an angle of 6' S7• SO•; 121. North SO' 19' 41" East 31. SO feat 122. Northoustarly 218.92 feet along a i480.00 root radius Curve that is concave Northwesterly through an anglo of ;0 123. North 41• S1• 11*0 Cast 44o65 feet'. 124o Northeasterly 194.36 feet along a 1220.00-foot radius curve that is concave Southeasterly through an angle of 07• 400•: lZSo North So• $80 5100 Cast 66.39 feet: 'A. 10o Northeasterly IMOS feet along a 1780o00 foot radius curve that is concave Northwesterly through an angle of 9. 39' 3 a 0 0 00 127o. North 411 190 21" E a s c 33. S a feet; 128. Northeasterly 1SJo36 feet along a 380o00 foot curve that is concavo Northwesterly through an angle of 23• 16, 3010: h. IZO 0 North Is* ozo 5101 East 42003 feet: 130. Northerly 216.88 foot along a 580.010 foot radius curve that is concave Westerly through an angle of 21' ZS' 30": 131. North 3• ZZ, 3911 West 302.58 fact; 131. Northerly ZSS.24 foot along a 370.00 foot radius curve • that is concave Easterly through an angle of 39' 31' 30": 233. North 360 08' 51" East 21.09 fact: 134. Northeasterly 03.36 fact along a SZO.00 foot radius curve that is concava Southeasterly through•an angle of 44* 26* 40": 13S.'North go' 3$* 31" East 628.42 feet: • • ul 1382tc 1886 136. Easteriy 289.58 rcet along a 320.00 foot radius curve that is Concave Southerly through an angle of 516 51'.00-: 137. South 476 33' 29" East 3.72 feet: 138. Southeasterly II5.09 feet along a 355.00 foot radius curve that is concave Northeasterly through nn angle of .18' 34' 30"; 139. South 66' 071 59" Cast 375.25 feet: 140. Easterly 209.08 fact along a 760.00 foot radius curve that is concave Northerly through an anglo of ISO 21'.30'•; 141. South 81* 291 29" East 241.76 feet: 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of lzo 11. go"; 143. North 86* 19' 31" East 57.06 fact: 144. Easterly 95.37 feet along a 160.00 foot radius curve that is concave Southerly through an angle of 21*. 01' 00"; 145. South 72' 39' 29" East 70.33 feet: 146. Easterly 108.18 feet along a 1380.00 foot radius CUFVO that is concave Northerly through an angle of 40 291 147. South 77* 03' 59" East 130.02 feet: 146. Easterly 96.09 fact along a 20.00 foot radius curve that is concave Northerly through an angle of 25' 01" U- to the Westerly terminus of that certain 60.00 foot strip of land described in Parcel 2 in a dead to the City of Newport beach recorded in Book 10,000, page $91, said Official Records: thence 149. North 160 56' 34" West 19.71 fact along said Westerly I terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480.00 feet: thence from a tangent ;hat bears North 73* 03' 26" East �I I 40 Pa 4 IH • J _... ,. d: ima8Zni887 ISO. Easterly SS3. 2S feet along said curve through an angle of 56' 02' 20" to the beginning of a reverse curve concave _ Noitherly,and having a radius'of 25.00 feet beins the H . No rth erly lino of Parcel 3 as describe) in said deed: _ thence k$ K 151. Easterly 31.15 feet along said curve through an angle of i... 71' I31 49-- to the beginning of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said .deed; thence along said Northwesterly line the following ' described courses: 1SI. Northeasterly 96.16 feet along said curve through an entle of 6. 32' 37 "; 1S3. North 74' 31. 34'- East 98.02 feet; Lon rn .1S4. Northeasterly 478.44 feet along a 758.0.0' foot radius �II; curve that is concave Northwesterly through an angle of f 36' 09- S2'-: 1SS. North 38' 04' 42"" East 156.00 feet: 156..Northea5terly S47.S1 feet along a 842.00 foot radius curve that 'is concave Southeasterly through an angle of t' 37' 1S' 23 -• to the beginning of a'reverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a line that /dirallol with and SZ.00 foot Westerly of the center line of Jamboree Road, 100.00 fact wide• as described in a deed to the County of Orange recorded in Book 4110• pate 10, Official Records of said County; thence - 1S7. Northeasterly 75.03 feet. Hero or less, along said y curie through and angle of 67! 01. 22 -• to said parallel line; thence It • • . 16 . South 68 20 16 pest 363.43 . feet, thence .� 161. North 3'10 39' S6" West 338.79 feet: thence 162. North 68. 20. 16" East 608 -.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 fact: thence 163. Easterly 124.57 feet along said curve through an angle. , of 1''.SZ' 33" to said Westerly right of way line: thence 164. North V 18' 14" West 416.16 fact along said line to the beginning of a curve therein concave Easterly' and having a radius of 1666.00 feet: thence 165_ Northerly 392.71 feet along said curve and right of way line through an eagle of 12. 07' 49" to the Southerly - •line of the land described in a -dead to the Newport Harbor Union Nigh School District recorded in Book 7S78, page 670, said Official Records; thence 166. North 84' 10. 4S" West 1S4.76 feet along said Southerly line to the beginning of a tuna therein concave Southerly and having a :radius of 2000.00 feet: thence 167. Westerly 618.97 feet along said curvy and Southerly Una through as angle, of 17' 43'56 ": thence leaving said' line non•taagent f 1 , • 1. 4 . 16 . South 68 20 16 pest 363.43 . feet, thence .� 161. North 3'10 39' S6" West 338.79 feet: thence 162. North 68. 20. 16" East 608 -.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 fact: thence 163. Easterly 124.57 feet along said curve through an angle. , of 1''.SZ' 33" to said Westerly right of way line: thence 164. North V 18' 14" West 416.16 fact along said line to the beginning of a curve therein concave Easterly' and having a radius of 1666.00 feet: thence 165_ Northerly 392.71 feet along said curve and right of way line through an eagle of 12. 07' 49" to the Southerly - •line of the land described in a -dead to the Newport Harbor Union Nigh School District recorded in Book 7S78, page 670, said Official Records; thence 166. North 84' 10. 4S" West 1S4.76 feet along said Southerly line to the beginning of a tuna therein concave Southerly and having a :radius of 2000.00 feet: thence 167. Westerly 618.97 feet along said curvy and Southerly Una through as angle, of 17' 43'56 ": thence leaving said' line non•taagent f u 138:7cJ888 158.. North 8. 19" 43" East 414.47 feet along said parallel r't line to the Southerly terminus of the Westerly right of b F ray line of 9aaboree Road, 132.00: feet vide• as described t" N ' in &'deed to the.City of Newport Beach recorded in Book V 6135, page 155. said Official Records; thence along _ K said right of way line being a curve concave Westerly and having a'radius of 2334.00/audk being tangent to said parallel line 1S9. Northerly 295.99 feet along said curve through an angle • of 7' 15. 58" to a point thereon that is 300.30 feet Southerly of the .Northerly terminus of said curve: - thence non-tangent - .0 . 16 . South 68 20 16 pest 363.43 . feet, thence .� 161. North 3'10 39' S6" West 338.79 feet: thence 162. North 68. 20. 16" East 608 -.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 fact: thence 163. Easterly 124.57 feet along said curve through an angle. , of 1''.SZ' 33" to said Westerly right of way line: thence 164. North V 18' 14" West 416.16 fact along said line to the beginning of a curve therein concave Easterly' and having a radius of 1666.00 feet: thence 165_ Northerly 392.71 feet along said curve and right of way line through an eagle of 12. 07' 49" to the Southerly - •line of the land described in a -dead to the Newport Harbor Union Nigh School District recorded in Book 7S78, page 670, said Official Records; thence 166. North 84' 10. 4S" West 1S4.76 feet along said Southerly line to the beginning of a tuna therein concave Southerly and having a :radius of 2000.00 feet: thence 167. Westerly 618.97 feet along said curvy and Southerly Una through as angle, of 17' 43'56 ": thence leaving said' line non•taagent f r1 t 1382n 1889 ' 168. South S7. 44. 19" Nest. 77.91 feet: thence S . 169. South 64' S1' S4" West 161.27 feet: thence K - 170. South. 64' 2S• 17" West 181.82 feet; thence °a ' m 171. South 66' S9• SS" Nest: 381.32 feet: thence K • 1.72. South 1S' 12' 12" West 102.44 feet: thence I • 173. South 12' 38',00" West 29..S6 feet: thence ' 174. South 39' 14' IS" West 116.20 feet.: thence • 17S. South 22' 3S' 41" West 87.19 feet: thence .. . 176. South 10. 18' 17" West 106.21 feet: thence ' 177. South 62' 06' 10" West 28.&S feet_ thence '176. South 9'.S7. 02" West 11S.74 feet: thence 179. South 3S' 3S' S7" Nest S4.11 foot: thence t 180_ South 66' 26,' SL" Nest 63.82 feet: thence irA 181.. South 84' 33' 00" West 14.2.14 feet; thence - ?t 9. 182. North 70' 40' 37" Nest 81.60 feet: thence 183. North 880 SS' 32" West 1.33.02 feet: thence ' }a ! 184. North 74' 30' 41•' Nest 2S8.38 'feet: thence - 'iBS. North 83. 40' S1" West 149.91 feet: thence , 186.. North 39. 13. 32" Nest 31.63 feet: thence • 187. North '66•'23' 34" Nest 147.33 feet: thence 188. North 57. 47' O3" Nest-633.42 feet: thence -- 189. i, North 65. 21' S7" West 219.50 feet: thence : 190. North SS' S7. 02" West 176.81 fact: thence t 191. North 74. 28. 33" West 140.11 feet: thence 'f !' 192. North 64. 33' 00" West 91.92 feet: thence 193. North 76' 57' SO" Nest 46S.S0 feet: thence 194. North 83. 23' 12" West. 104.19 feet: thence 19S. South 47• i4' 39^ West 20.89 feet: thence e'r :'=� i 196. South 89' 4S' 481* West 1..21.00 feet; thence ' j� 197. North 78' 37' 22" West 143.85 feet; thence 8 ' 198. �I North 82' 27' 21•• West 262.77 feet; thence 0 ... i. / - 199. Nor [h 69• IS' 06" Nest 259.40 feet to a point 8nt[I890 ' certain 2060.00 foot radius curve in the Southeasterly 1' boundary of parcel 102.1 described in adeed to the ' Orange County plead Control District recorded in Doak S Z N S906: page S16. said Official Records. said curve being. N a. concave Northerly. a radial to said point bears South 22' SO' 23" East; thence 200. Westerly 240.19 feet along said curve through an aaglo Of 6. 40. 50" to the Westerly terminus of said curve.: thence 201. South 75' 50. 27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202. North 16' 09' 33" West 100.00 feet along said boundary and -the Northerly prolongation whereof: thence 303. South 76' IS' 54" West 280.21 feet: thence 204. .South 7S' S9' 33" West 241.69 feet; thence 205. South 85. 26' 2d° hest 81.76 feet; [hence � �•_.:. 306. South S36 ,22' 28" West ZO 7. 67 feet: thence . 207. South S3' 22' 27" West 422.40 feet: thence 208. South 36' 43' 20" West 194.00 feet: thence _ r'.. 209. South 22• S8' 42" West 307.39 .feet: thence 210.' South I4' S41 39" West 270.09 feet: thence ! ' 211. South 6' S1' 09" West 23d.68 feet: thence r 212. South. S' SI° 35" West 86.17 feet: thence ' 213. South 6. 261 13" East 98.12 feet: thence ' 214. South 36' 07' 10" East 22.90 feet: thence ' 21S. South V. 08' 12" East 126.02 feet: thence --_.. 216. South 7' 12' S6" West 156.42 fee(: thence'1 217. South 23' 11' SS" West 194.20 feet: (hence 218. South 24' S41 S6" West 85.1.5 feet: thence 219. South 2S' 44' OS" Nast 231.46 fee(: thence .. i 1. i 1 Ap oil 1382rc1891 _ 220. South 33. 17' 43" West 440.17 feet to a point that is North 54. 13' 20" West 79.13 feet from Statlon No. 76 ,;1 N ' of agld Ordinary High Tlda Llne as described lnsaid N j c� io - flnal decree above referred to; thence Ifti " 221. South 54' 13' 20" East 79.13 feet to sald Station !'•` • No. 76; thence `1 222. South 0. 241 52" West 610.81 feet along said Ordinary - Nigh Tlde Llne to Statlon No. 77 thereof; thence. - 223. South 31' 37' 12" East 410.16 feet along said Ordlnary Nigh Tide Llno; thence 224. South 4S' 00' 00" West 181..91 feet to the Northeasterly ' • line of Lot 11 of sald Tract No. 4224; thence 225: South 64' S5' 33" East. 90..37 feet along sald North- easterly llne to the Northeasterly corner of Lot 12, " said Tract No. 4224 and the point of beglnnin8. 1 1, • MCEPIING AND RESERVING unto grantor, its successors ' and assigns, Erom said Lots 1 and 2 of Section 23., Lot 1 of - Section 25, Lots I and 2 of Section 26 all in Township 6 .' South, Aange•10 hest, San Bernardino Meridian, according Co P... the official plat of said land as shown on a crap recorded r9 in Book 3, page 7 of Miscellaneous. Maps, Official. Records of said County; Tideland Patent No. 204, from the State of California recorded July 19., 1907 in Book 1., page 245 of . Patents,. Official Records of'said County; and Portions of Blocks 4, 5, 51, 52, . 53, 55, 56 and 57 of Iry ina's Subdivision,. ' as per cap filed in Book I, page 88, Miscellaneous Records IAps, Official Records of said County included within the preceding perimeter description, all oil, asphaltum, petroleum, - natural gas and other hydrocarbons, and other valuable mineral substances and products, and all other minerals whether or not 4. of the same character herainbefore generally descr!bed, in or 'r �r under said parcels of land, but without right of entry on the Mpgg. - -L4_ tl 1. i 1 • • It 1 1382rt 1892 A surface of the ground or within a vertical depth of five m .N hundred (500) feet below the present natural surface of the ` u ground. In the exercise of this reservation and exception, the grantor ray pool said parcels with other lands_ The excepted and reserved rights of the grantor shall include 1 all subterranean rights below a vertical depth of five ' hundred (500) feet from the present natural surface of the i ground, necessary, incidental, or convenient to the full i exercise of the rights reserved by grantor and shall also - include the right to drill and maintain well bores through the said parcels to or through o ther lands for the purpose ! of removing oil, gas, and other hydrocarbon substances from other lands not subject to the aforementioned reservations and exceptions or for purposes of subsidence control or prevention of salt water intrusion. 1'•^ . The excepted and reserved rights of grantor with respect to said tideland patent and portions of blocks .shall include the right to whipstock or .directionally drill and mine from lards other than those herainabove described., a . _ c oil or gas wells, tunnels and shafts into, through or - across the subsurface of the lards within said tideland patent and portio:. of blocks, and to bottom such whipstocked or diractionally drilled wells, tunnels, and shafts under and' beneath or beyond the exterior limits thereof, and to redrill, ratunnel, equip, maintain, repair, deepen and operate any such wells or mines. This exception and reservation shall have no effect upon or in any way affect lands located within the afozedescribed perimeter description which are not owned by grantor. �.. rP • / • CORPORATION rp_kNT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby , acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT TO . TEE STATE OF CALIFORNIA, the real property in the City of Newport Reach, County of Orange, State of California, described in Exhibit 4J10 which is attached hereto and by this reference is incorporated in and made a part of this Dead) SUBJECT TO, . (1) Covenants, conditions, restrictions and easements and ' rights of way of record vested in parties other than Grantor; and (2) With respect to Parcel. 2 of the above described real property, the condition that the Grantee, its successors and assigns, shall at all times use or cause said parcels to be used for a public highway without .limitation on abutters' rights of access appurtenant to Grantor's, its successors or'assigna, adjacent real property over and across . the easterly, southeasterly and southerly lines of said Psrcal 2. In the event that the above condition is not .satisfied or there is a breach of such condition, Grantor,. its successors -and assigns, may either M re -enter and take possession of said Parcel 2 and mat all persons therefrom, it being intended that the failure of any such condition to be .satisfied or the breach of any such Mail Tai Statements To) (Grantee Tax Exempt) i i scwwnlwe aeoDE <cra sr Aw 17996 1t1 138261893 ,� WHEN RECORDED MAIL A7, ' v �• STATE OF CALIPM41A EXEC +(PT ci a[tosom sr usursew I' R 4 E. Gregory Taylor, Esq. cIMtaS a r ,S: Deputy Att.orney Genera l .NIs aR p4vµ1cV.ct uT+fsfclnc[ )toA us a , BOO Tishman Bui ld ing ' MO Wilshire Btvd. BNIV ¢fS SZ 8975 i� Los Angeles, Calif. 90010 1NNn.[ta:IItem+t?+eeR•e i (State of California Official Bua iness). ....... ilk,.... N - (DOCUMent.£ntitled to Free Recordation .. �... .. r..-w '�+ "'- Pursudnt Co eover=ent Code Section 6103) Space a. ve this line Lot Recorder's use CORPORATION rp_kNT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby , acknowledged, THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia, does hereby GRANT TO . TEE STATE OF CALIFORNIA, the real property in the City of Newport Reach, County of Orange, State of California, described in Exhibit 4J10 which is attached hereto and by this reference is incorporated in and made a part of this Dead) SUBJECT TO, . (1) Covenants, conditions, restrictions and easements and ' rights of way of record vested in parties other than Grantor; and (2) With respect to Parcel. 2 of the above described real property, the condition that the Grantee, its successors and assigns, shall at all times use or cause said parcels to be used for a public highway without .limitation on abutters' rights of access appurtenant to Grantor's, its successors or'assigna, adjacent real property over and across . the easterly, southeasterly and southerly lines of said Psrcal 2. In the event that the above condition is not .satisfied or there is a breach of such condition, Grantor,. its successors -and assigns, may either M re -enter and take possession of said Parcel 2 and mat all persons therefrom, it being intended that the failure of any such condition to be .satisfied or the breach of any such Mail Tai Statements To) (Grantee Tax Exempt) i i • S.E C0•f By 4� Yresidcnt SEAL By Secretary X37 YI0.G \'���. 2 It1138�tt1894 condition shall operate as a condition subsequent as to said .a Parcel 2 and that each and all of Crantee, its successors or s N assigns and an g y person acquiring ng in [eras[ in said Parcel 2 shall ea be bound by and subject to such condition subsequent, or (ii) seek Z' any other remedy available at law or in equity including. without �{ - limitation. the right td seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be �,- employed at the option of Grantor. and the failure of any of such - remedies to be employed upon any one or more of any occurrence giving rise to.aueh remedies shall not be a waiver c.. the right-to employ such remedies upon the continuance of such occurrences or any subsequent such occurrence. With respect to Parcels 1. 3. 4, 5 and 6, Grantor grants, conveys. releases and relinquishes to Grantee any and all - abutter's rights of access, appurtenant to Grantor's.remaining property, over and across the easterly, southeasterly and southerly lines of said , Parcels 1, 3, !, 5 and 6. - -- '- - IN WITNESS WHEREOF. said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorised.. Da1RO: harC ��, 1915. - THE IR ECOHPABy S.E C0•f By 4� Yresidcnt SEAL By Secretary X37 YI0.G \'���. 2 I • / • j• STATE OF CALIFORNIA ) us. COUNTY OF OR,:»GE ,f" ) ' On ern,..(/ /L , 1975, before me, the undersigned, ! /a / Notary Public in and for said State, personally appeared Agbe,.,,A" JL27r known to me to be the _ President, and -� .�, !,— known to me to be the Secretary of the corporation that executed the within instrument, . and known to no to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant toits.bylaws or a resolution of its Board of Directors. WIITNESS my hand and official seal. ....•.......•....•••M 4 leMR qAF )ONES Notary Pub 1C In an :er sa cG Ki/9i FJNK.CI llfpll,y r •inu/a a, nccy County and State,. CERTIFICATE OF ACCETITARCE AND , • CONSENT TO RECORDING OF DEED TO THE: STATE OF C:�LIFO RNr This is to certify that the interest in real property conveyed by the Corporation Grunt Deed dated .Apss� It, , 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTN."NT OF FISH AND WAE, a- governmental agency, is hereby accepted effective aaja. ol,�L., 1975 by the undersigned officer or agent on behalf of the D£P,IAT:.ENT OF FISH AND GA71E pursuant to. authority conferred by resolution of the FISH AND GAME COff1ISSION of the State of California adopted on December 6, 1974, and the Grantee consents to recordation thereof by its duly authorised officer. - DATED: C.t141 2/ 1975. T� STATE OF CALIFORNIA DEPARRTT.111EXT OF FISH AND WQME By e 3 n z b r. All those portions Of Back, Bay Drive, formerly Palisades • Road, as described in a deed to the County of Orange, recor4cd in Book 1037, page 261, Official Records of said County, together with those portions -of Tract No. 5435, as . per map filed in book 200, pages 17 through 21, and Tract No. 5378, as per map filed in Book 229, pages 35 through 40:'hoth miscellaneous maps, records of said County, and that portion as described in a deed to the City of.Wowport Boach, recorded in Book 10,000, page 891, Said Official Records, described as follows: % • Parcel l: That portion of said BACY. Pay Drive bounded on the South by the Southerly ter:miAUS of that certain Curve described in that deed recorded in Book 1037, page 769, Official Rctords of said County as being Concave Easterly. having a radius of 200.00 tout, a central angle of 39. 301 40" and a length of 134.43 • feet, And on the North by the Westerly prololqation of aline that in concentric with and 50-00 feet Southerly of that certain 50.00 foet strip of land described In 4 deed to the City of Net.-ort Beach recorded in Book 10531, page 476, said Official Records. Parcel 2: That portion of said Back Bay Drive bounded on the South by the Westerly prolongation of a line that is Concentric with and 10.00 feet Southerly of that Certain 50.00 toot strip of land described in a deed to the City of Newport Beach recorded in Book 10531, page 476, said official Records, and on the Vocth by the Southeasterly terminus of that certain course described in that decd recorded in Book 1037, Pac;c 269, official Accords of said County as 'N.42- 42' 10' W., along said tangent line, 741.47 feet'. Parcel Is That portion Of the westerly, Northwesterly and Northerly 20.00 feet of said Back Bay urive bounded on the South by the Southeasterly torminus, 'Of that =9101T A i. b z IK 9 d certain course described in that deed recorded in Book ' .1037, page 269. Official Records of said County as' •N.42. 42' 10" W., along said tangent line. 241.47 feet'. • and on the Northeast by the easterly terminus of that certain course described in that decd recorded in Book 1037• page 269. Official Records of said County as •N.83. 00' SO" E.. along said tangent line. 78.48 fget•. - Parcel 4�: •Those 30.00 foot strips of land designated as Back ' Bay Drive on the maps of said Tract Nos. 5435 and 5878. Parcel 5`: - That portion of said Back Pay Drive bounded on the Southwest by the .Easterly terminus of that certain _ course described in that decd recorded in Coc•. 1037• . ' page 269. Official Records of said County as -,11.8 3' ' '00' SUN E.. along said tangent line. 78.48 feet: and ' on the East by the Westerly lino- of Parcel 2 as described .in a deed to the City of Cg +port Beach recorded In Book 10.000• page 891. said Official Records. EXCEPTING that portion lying w ithin Tract No. 5878'.. as per sup filed. in Book 229. pages 35 through 40. Niscallaneous Naps. records of said County. Parcel 6: Parcels 2. 3 and 4 as described in deed to the City of • Newport Beach recorded in Book 10.000. page 891. said •a Official Records. Together with all land underlying Back BaT Drive as it physically exists' at the date of this deed to the extent that such land lies upland frcn. Parcels 1 through 6 inclusive. and all such land shall be deemed to be a portion of the respective parcel to which It abuts. ' ' EXCEPTR:G AND RESERVI`dG unto the Grantor.. its successors . ' and assigns• from all of said land• all oil. oil right's. minerals• mineral rights. natural gas. natural .gas rights, and other hydroca -Sons by whatever name hno.n that may be within or under the parcel of laid hereinabove described• together with the perpetual right of drilling• mining• ex- ploring and operating there Eor and storing in and removing the same from said land or any other land. including the right to whipstock or diroctionally drill and nine from • lands.other than those hereinabove described• oil or .gas wells• tunnels and shafts into• throu „h or across the - subsurface whipstockod or directionally drilled wells• tunnels, and shafts under and beneath or beyond the exterior limits ' thereof. and to redrill, retunnel•. equip• maintain. repair ' deepen and operate any such wells or mines• without. however, the right to drill• mine. st ore. explore and operate through the surface or the upper 500 feet of the subsurface of the . land hereinabovo described.' b z IK 9 d 'u I I 6. ' • '• RtM1117I11C REC-CF.S-ED BY AND u11382rc18sa -M-bt& RECORDED :L$L^fO:: 17997 - aReae[. Ka[0u[sr p �. STATE OF CALIFORNIA EXEMPT RasT lY[t nnI iat to H. Gregory Taylor, Esq, w amco� n[cesas p C1 -. r.: Deputy Attorney General osawa[cousn; rxv. Is`~. 000 Tishman Building a40 eY M0 2i H75 1580 Wilshire Blvd. J i Los Angeles, Calif. 90010 LsM dnRl Cowry [wab[ (state of California Ofrtci don) ,-mow.r�•[ � (DOCµrien[ Entitled to FCCe Recordation ✓w'+wn.•. r.n ..w•„w.,.�+rr. Re ''T ptiriUan[ to Government Code Section 610)) ( A.P. NO. 2i4 . -14-1 - (��/ rCrLi Fw�•wb aw.r_nn �. � t tie -•'t • -1.., space above t is [nc or NcCOr cr a use 0. A . • CORPORATION CRART'DEED .. rOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. THE IRVINE COMPANY., a corporation organized under the . laws of the State of west Virginia, does hereby GRANT TO THE STATE OF CALIFORNIA, the real property in the City of Newport N 1 . Beach, County of Orange, State of California, described in Exhibit ' •A' which is attached hereto and by this reference is incorporated in and made a part of this Dced, ' SUBJECT TO: (1) Covenants, conditions, restrictions, reservations and easements and rights of way of .record; and 3 (I) The condition that Grantee, its successors and assigns, shall-at all time. use the premises for public park purposes ' compatible with an ecological reserve and /or wildlife refuge and .shall r not cease to use or attempt to use said premises or any part thereof for any purpose other than for public park purposes compatible with an ecological reserve and /or wildlife refuge. In the event that the above condition'is not satisfied or there is a breach of such condition, Grantor, its successors and assigns, may either (S) re -entor and take possession of the premises and oust all persons therefrom, it being r Intended that the failure of any such condition to be satisfied or [l • the breach of any such condition shall operate as a condition - ; M )Ail Tax Statements Tot (Grantee Tax Exempt) I I It 11382f9 18 a . a tt L t 382tc 1 899 subsequent and that each and all of Grantee, its successors or assigns and any person acquiring interest in the premises shall be .n- t' bound by and subject to such condition subsequent, or (ii) :seek any N Other remedy available at law or in equity including, without N' _ b limitation, the right to seek s,,ecific performance of or to enjoin • the continuance of the breach of any such condition. It is specifically ' understood that any of the foregoing .remedies may be employed at p the option of Grantor, and the failure of any of such remedies to 78 ! be employed upon any one or more of any occurrence giving rise to ' such remedies shall not be a waiver of the right to employ such remedies upon the continuance of such occurrences or any subsequent ' such occurrence. In the event a right -of -way is acquired. by the public for & - a road purposes from the present extension of Del Mar Avenue from east to of Iry ine Avenue to Jamboree Boulevard and said right-of -way is not '} contiguous with the boundaries of the parcels conveyed hereunder, Grantor agrees to expand the boundaries of the parcels convoyed hereunder 6. • to provide that the present boundaries approximately paralleling 'such roadway will be adjusted so as to be contiguous to said right-of- way. ' She above covenant is intended to be ,a covenant running with the land for the benefit of the land conveyed hereby as the dominant tenement and a burden on the land described in Exhibit 'B' which is attached hereto and by this reference is incorporated in MM and made a part of this Deed as the servient tenement. $ IN WITNESS WHEREOF, said corporation has caused its corporate tame and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly ' authorized. DATED: THE IA�V/T,1YE COMPANY Cdyo� A m �\Rg1NE _ �a By -..` lye,•-. • SEA1, President BY ��q, Secretary • / • L t i i .. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Gran: Deed dated AjtiL Ifs. 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND -GAME. a governmental agency. is hereby accepted effective (26L Z.7 -,o 1975 by the undersigned officer .or agent on behalf Of the DEPARTMENT OF FISH AND GAME pursuant to lauthority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6. 1976, and the Grantee consents to recordation thereof by its duly authorized officer. ... _ DATED, . 1975, '�'��"• STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME by ic 3 i� fY_ I. I. A S N N u± I i I i 1 j 1 i[ 11382n 190p STATE OF CALIFORNIA ) COUNTY OF ORANGE ) -- .' On 7• "".P., lb.. 1975, before m ^. the undersigned, s Notary Public in and for said State, personally apprared - known to me to be the President, andj� /. known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the pergons'who executed -� o the withi.l instrument on behalf of the corporation therein named, and _ acknowledged to me that such corporation executed the within instru.ent. . pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official goal, g ........................ •••. i T L LGQRk EJON[j � 4.o+. + +n..+c ucnaw.a Notary Pubi tc in ar.d or • •p.•i co ��� �• County and State, .. n.... .. CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING OF DEED TO THE STATE OF CALIFORNIA This is to certify that the interest in real property conveyed by the Corporation Gran: Deed dated AjtiL Ifs. 1975 from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND -GAME. a governmental agency. is hereby accepted effective (26L Z.7 -,o 1975 by the undersigned officer .or agent on behalf Of the DEPARTMENT OF FISH AND GAME pursuant to lauthority conferred by resolution of the FISH AND GAME COMMISSION of the State of California adopted on December 6. 1976, and the Grantee consents to recordation thereof by its duly authorized officer. ... _ DATED, . 1975, '�'��"• STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME by ic 3 i� fY_ I. I. A S N N u± I i I i 1 j 1 0 7 ^' r t •_ _..,_- --.0 l 1383rt 190 f All these certain parcels of land partly in the city of Newport s Y r Beach -, all in the County of Orange, State of California. being i z portions of Block S1, Irvine's Subdivision• as per nap file in re ra Book 1. page 88• Nisccllancous Record Naps• records of said' K County, described as follaws: • .. - t Parcel 1: 1" r, l 1 Commencing at a point in the Southerly boundary of the land described. R in a decd to the Newport ]father Union fligh School District recorded -j In Book 7578, page 670. Official Records of said County• said point being on curve concave Southerly anu having a radius of 2000.00 feet. a radial to said point bears North 11' S4' 41" West, 4 said point being Westerly 618. 97 feet along said curve from the ! :t Easterly terminus thereof: thence Leaving said boundary non- to tangent ' P / - 1. :South S7' 44' 19" West 77.81 feet; thence 2. South 64' SL' S4" Rest 161.27 feet: thence • 3. South 64' 2S' 17" (Vest 181.82 feet: thence , R 4. South 66' S9' SS" West 3BI.32 feet: thence C S.. South 7S' 12' 12" West 10.2.44 feet: thence 4 6. South 12' 38' 00" West 17.73 feet to the TRUE POINT Op BEGINNING: thence continuing st 7. South 12' 38' 00" West 11.83 feet: thence t B. South 39' 14' IS" West 116.20 feet: thence 71 "9. South 22' 33' 41° West 87.19 feet: thcpce 10. :South 10' 18' 17" ]Pest 106.21 feet: thence . IL South 62' 06' 10" West. 28.3S .feet: thence a. 12. South 9'•$V 01" West IIS..74 feet: thence 13. South 3S' 3S' S7" West 34.11 feet; thence 14. South 66' 26' S2" West 63,.82 feet: thence EXHIBIT A 77 l - 4��.�:- IS. South 81' 33 00" West 142.14 foot; thence 16. North 70' 10' 37 "West 81.60 feet; thence 'p s f 17. North 88' SS' 2S' West 133.02 feet:; thence N, 18. North 71'.30' 41" West 2S8.38 feet; thence :r . 19. North 83' 10' S1" Mast 147.91 Feet; thence • 20. North 39', 13' 3Z" West 31.63 feet; thence 21. North 667 23' 34" West 147:33 feat; thence - l2. North S7'47' 03" West 653.42 feet; thence 23. South 66',Sl- 26" East 326.36 . feet to the beginning of j a'curve concave Northerly and having a sactius of 1S62.00 Feet; thence 24. Easterly 14S9.81 feet along said curve through am angle of S3' 32' S1" to the TRUE P0714T OF 'BEGINNING., Pi EXCEPTING AND RESERVING unto the Grantor, its successors andypyp assigns, all oil, oil rights, minerals, mineral rights, natural ' gas, natural gas rights, and other hydrocarbons by whatever name }t} j 'known that may be within or, under the parcel of land he reieabove g q described, together with the perpetual right of drilling,.mining,, ' exploring and operating therefor and storing is and 'removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than 8 s k those he re inabove described, oil or gas wells, tunnels and shafts e into, through or across the subsurface of the land hereinabove described, and to bottom such vhipstocked or directionally drilled i walls, tunnels, and shafts under and beneath or beyond the exterior " limits thereof, and to redrill, retubael, equip, maintain,. repair, N � deepen Ind operate any such veils or mines, without, however. the R ' t right to drill, mine, store, explore and operate through the tio i.; pd surface or the upper S00 fact of the subsurface of the land A hareinabove described. m • / • EXCEPTING AND RESERVING unto the Crantor, its successors and assigns, all ail, oil rights, mineeals, mineral rights, natural y -- - I I I 1382K 1903 rnacEi z' ___,-: n Commencing at the Northwesterly terminus of Course No. 22 described i in .Parcel 1 above. thence - 1. North 65' 24, S7" Wcst 219.S0 feet: thence 'O K 2. North SS' S7' 02" Nest 176.81 feet; thcnce y. 3. North 14' 23' 33" Nest 140.11 feet- thence r C3 4. North 64' 33' 00" Ncst 91.92 foJt; thencc t S. North 76' S7' SO" Nest 137.34 feet to the TRUE POINT OF . BEGINNING: thence cnntinuing -, 6.'North 76' S7' SO" Nest 328.16 feet; thence - 7. North 83. 23' 12" Ncst 104.19 fact; thence ggG� .8. South 47' S4' 39" Nest .20.89 feet thcnce ` _ 9. South 89' 45' 48" Nest 121.00 feet: thence to 10. North 78` 34' 22" West 143.85 feet: thence ' y 11. North 82.27' 21" Nest 262.77 feet; thence 4 12. North 69' 4S' 06" Nest 259.40 feet to a point is that certain 2060:00 foot radius curve in the Southeasterly boundary of Parcel 102.1 dcscribed in a deed to the ' Orangc County Flood Control District recorded in Book 3x� ,rr ' $906, page S16. said Official Rccords, said curve being concave Northwesterly, a radial to said point bears yc E7 •7 . .'. South 22' SO. 23" East.: thence 13. Northeasterly 3S1.07 feet along said curve to point on an non- tangent curve concave Northeasterly and having a radius of 2062.00 feet, a. radial to said point _ bears South 27' 03' 48" West: thence - 14. Southeasterly 141.10 feet along said curve through an - angle of 3' SS, 14"': thence 11. .South 66' S1. 26- East 633..SS feet to the TRUE POINT OF 'O BEGINNING. - EXCEPTING AND RESERVING unto the Crantor, its successors and assigns, all ail, oil rights, mineeals, mineral rights, natural • /0 r ------ Itt1382rt1904 Yn gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or uod*r tho parcel of land hereinabove described, to ether with the perpotual right of drilling. mining, ba ea exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than 'gas iA 0 ts those hereinabove described, oil or wells; tunnels and shafts .: > -into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, ratunnel, equip, maintain, repa.ir, deepen and operate any such wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper SOD feet of the subsurface of the land hereinabove described. • 1'. Aw E 'Cl V. ad am Is 't to an sat % . . ... .. ... ..... %I It I I 382n 1905 SERVXVq TVIFF.M.:T That portion of Block 51. Irvine's Subdiviision, partly in the city of Newport Beach. all in the County of Orange. State of California. 'I. as per map filed in Book page 88. Miscellaneous Record Maps., records of said County. described an follows;. Beginning at a point in the Southerly boundary of the land described 4 in a deed to.the Newport Harbor Union High School District recorded in Book 7570. page 670. Official R.Pcords of said County. said point being on a curve concave Southerly and having a radius of 2000.00 feet. a radial to said point bears North 11- 54. 41- West. said point being Westerly 618.97 fact along said curve from the ruxsterly terminus thersesti thence leaving said boundary non-tangent 1. South 57. 44' 19" West 77.81 feet; thence 2. South 64. 51. 54' West 161.27 tests thence 3.. South 64. 25* 17* West 181.B7 facts thence 4. South 66. 59* 55" West 381.32 feet; thence .5. South 75. 12' 12- West 102.44 frets thence 6. South 120 38* 00• West 17.73 feet to a point on a non - tangent curve concave Northerly and having a radius of 1561.00 feet, a radial to said point bears South 30- 24' 17' Masts thence 7. Westerly 1459.81 fact along said curve through an angle of 530 32' 51*s thence 8. Worth 66. 51' 26* West 326.16 foots thence 9. North 65. 24* 57- West 219.50 feet; thence 10. North 55. 57' 02- West 176.81 foots thence 11. North 74- 28' 33* West 140.11 feet; thanes 23mr5rT a UI.1382n1906 12. North 64- 33- 00" West 91.92 foot; thence 13. North 76- 67- 50" West 137.34 feet; thence 14. North 66- 51* 26" West 033.55 feet to the beginning of A curve concave I;ortheasterly and having a radius of 2062.00 foot; thence 15. Northwesterly 141.10 feet along said curve through an angle of 30 55' 14" to a point in that certain • 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the orange County Flood Control District recorded in Book 5906. page 516. said Official Records, said curve being concave Northwesterly. a radial to said point bears South 32. 36' 15' East: thence 16. Northeasterly 289.80 feet along said curve through an angle of e- 03- 37" to the Northeasterly terminus thereof; thence 117. North 49- 20* 08' East 56.95 fact continuing along the boundary of said Parcel to the Northwesterly prolongation of the Southwesterly line of the land described in a deed to F. Roy Greenleaf. Jr.. recorded in Book 2207. page 196. said Official Records; thence along said prolongation. said Southwesterly line and the Southwesterly line.of the • land described. in a deed to George M. 1101st6in Ill. recorded in Book 2161, page 375. said Official Records. tha.following described courses: 18. South 49. 14* 28' East 72:39 feet; 19. South easterly 364.96 feet along a 800.00 feet radius curve that in concave Northeasterly through an angle of 26. 08' 18*; 20. South 75- 22- 16' East 333.50 feet; 21. Southeasterly 401.43 feet along a 1060.00 foot radius curve that is concave Southwesterly through an angle of 23. GV 00"; nt c. • 0 22. Southeasterly 193.71 feet along a 600.00 foot radius reverse curve that is concave Northeasterly through an angle of 18. 30' 007; .23. Southeasterly 3D7.15 feet along a 818.25 foot radius curve that is concave Southvcsterly through an angle of 21. 10' 00'7 24. South 49' 22' 46' East 140.81 feet to ••point on a non - tangent curve that is concave Northerly and having a radius of 1550.00 feet. a radial to said point bears ' South 20' 11' �04' West; thence leavinq.aaid land of Holstein 25. Eaaterly 692.21 feet along said curve through an angle of 25. 35' 18' to the Easterly line of the land described in a doed t0 Alvin S. cox, recorded in Book 2019, page 225. said Official Reeordas. thence 26. North 1. 58' Do. East 268.19 feet along said land to an angle point therein; thence 27. North 60' 37' W East 30.00 feet along said line to an angle point therein; thence 28. North 19. 22' 66' West 55.00 fact to the Southerly Corner of Tract No. 1501, a■ per map filed in Book 50. page 16. Miscellaneous Maps. Records of said county, thence � 4 A 5i N I .hall _..,f for 29. North 600 23' 05' East 1181.95 feet along the Southeasterly, Cb an line of said tract No. 1501. and ;the Southeastet ly line of the above Tract Bo. 1507. as per trap tiled in Book.51. page 15. ti00. said Miscellaneous Mapa to the Westerly corner of the ' and take land described in a dead to the Costs Hssa Union School t bdn4 District. recorded in Hook 3519. paga 598, ea id Official J.& or Records: thence along the boundary of said land jcY t l W 0 /0 Tt 908 30. from a tangent that bears South 49. 23' 05- East Southeasterly 205.96 foot along a 350.00 foot radius curve that is concave Sout.-westerly through an angle 33. 43' 00*1 thence 31. South 15. 40- 05- East 400.00 feet along said boundary to an angle point therein: thence 32• Northeasterly 33.01 feet along a 1770.00 foot radius "rva in said boundary that is concave Southeasterly through an angle of 1- 04' 07- to the Southwesterly boundary of said land to the Newport Harbor Union High School District described above; thence along said boundary 33. South 15. 401 05- East 182.16 feet to the btqinning of a 220.00 foot radius curve therein that is concave Easterly; '5 I iii thence 34. Southerly.26.29 feet along said curve through an angle of So 501 47m; thence 35. South 22. 30- 52" East 101.02 feet to angle point therein being the Southvestarly.terminus of that certain 2000.00 foot red ius'curve in the Southeasierly boundary of said land, a radial to said point bears North 21. 39- 18• Nest; thence Or 36. Northeasterly 340.12*fect along said curve through an angle of 94 441 37* to the point of beginning. B 0 _+17998 '.�.:OD,lDING REQCL5TCD BY AND ' It 1 1382!51909 w11E1; RECORDF7�.rL TO: ae"ta to j aaoson a .J ' EX :.iPT U" TM ui ca ... ryg STATr OF CALIFORNIA CL ■age,µ p;cepms M .�.... N. Gregory Saylor, Esq. _ 'wens anus". MIT. Deputy Attorney General ,jy. 1975 100 Tishman Building 100ps 7580 Wilshire Blvd. is'RII 4s ^s.`�7eieiAa x Loa Angeles, Calif. 90010. �2� ' (State of California Official Business) ^' ;7W `✓L� N' (Doc=ent Entitled to Eree Recordation ! pursuant,.p_GOverment Code Section 6107) 1 W. � n rLi G 0.P. N0. s._ .... .. �_�.�. I ,.j ­46 Space above this line tor Recorder's Use • 1 - GRANT OF :EASEMENTS -... .. .. THE IRVINE COMPANY, a Nest Virginia corporation, hereby 1 grants to TUC STATE OF CALIF02YiA, non - exclusive, ralocatable - easements, for vehicular, pedestrian and tricycle ingress and egress 4 purposes over real property situated in the City of Newport Beach, County Of Orange, State of California, described in Exhibit •A' attached her etoand by this reference made a part hereof,. - SUBJECT TO: - (1) Covenants, conditions,. - restrictions, reservations t and easements and rights of way of record; and f . • (2) Relocation at any time by Grantor, its successors days Grantee, LA and assigns, upon thirty (20) notice in writing to provided only that Grantor upon such relocation shall grant to Grantee like and similar easements giving Grantee reasonably comparable access to the real property described in that Certain Grant Deed from The Irvine Company to the State of California recorded in'Book IL 3S IL,r page 1 $ rt of official s ' Records! RESERVING UUTO GRANTOR, its successors and assigns, the right to use said land for any purpose whatsoever as shall not O interfere with or endanger the use by Grantee of these easements, '3 70 including but not limited to the right to construct, relocate, A •� - KAM TAX ttAnifa(MfOrtrraNACCWMABOVE, - '�'..�; B 0 t. 1 r— 111138 � P.J -- It1138:1tt9i0 ' r— 111138 � P.J <. DATM aT• �, 1975. THE i%E C IAV VE COMPA`+r SEAL ,By —i 5¢cre[ary s.. Bt -- It1138:1tt9i0 ' lP rape it and ma intain. pipelines or ether facilities for utilities i on, in, over, under and along said land. Grantee shall be obligated to maintain said easements. ,Neither Grantor nor Grantee shall be obligated to make any improvements on said easements, but either may do so at its own 9'r expense. If Grantee . makes any such expenditures and Grantor p, 'subsequently exercises its right to relocate the easements, Grantor • Jr agrees to reimburse Grantee for such expenditures. nt These eas cam, n[s shall terminate and be of no further ai force and effect upon the improvement of a public roadway from the present extension of Del Mar Avenue from east of Irvine Avenue to Jamboree Boulev and currently teferred to as 'University Drive', b provided that maid roadway provides reasonably similar access to the land described in the Dead referred to hereinabove. Grantee agrees to indemnify Grantor against, and to L bold Grantor harmless, free any loss or damage to any property, - mss. or injury or death of any person whomsoever, proximately caused ra in whole or in part by any negligence of the Grantee, or its D employees or agents, or by any ac[ or omission for which Grantee, •. st or its employees or agents, are liable without fault, in the exercise t of the rights herein granted, save and except in those instances Y where such lose or damage or injury or death is proximately caused in whole or in part by the negligence of the Grantor, its successors or assigns, or their employees or agents, or by any act or omission for which Grantor, its successors or assigns, or their employees or agents,�� are liable without fault. <. DATM aT• �, 1975. THE i%E C IAV VE COMPA`+r SEAL ,By —i 5¢cre[ary s.. Bt r� — 910 .C1..1111382"c 1s0,4 L r- 1111382n 1911 . P STATE OF CALIFOR471A Nr. - COUNTY OF ORANGE - 'On ,.1975, before me, the undersigned, a p z .Notary Public in and for said State, personally appeared�...a... /.. known to me to be the President, and known In rt to me to be the Secretary of the corporation that executed t 14 the within instrument, and known to me to be the persons who executed • r the within inatruncnt.on behalf of the corporation thersin,nemed, and to acknowledged to me that such corporation executed the vithih instrument „ pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. ............................. � 1 jf .. I, LORR•INE AONE1�H.IR.(/f.C/ wrv. w..x uu,aw.0 Notary Public in a C cor A4Gi \� OM14( IM and State f •• O, \wGl COU,rI � Nall— County , MM........................ R CERTIFICATe OF ACCCPTANCi ACID ' Ln CONSENT TO R:CORDING OF EASEMENTS" L TO TSS STATE OF CALIFORNIA r - This in !n certify that the interest in real property conveyed by the Grant of Easement% dated APRIL I(, , 1975 1' from THE MILES COMPANY to the STATE OF CALIFOMIA, acting by and d Wough the DEPARTMENT OF FISH AND GAME, a governmeptal agency, ` As hereby accepted effective 1.7,., 197$ by the undersigned // • f officer or agent on behalf of the DEPARTMENT OF FISH AND GAME pursuant to authority conferred by resolution of the FISBAND GAME COXMISSION of the State of California adopted on December 6, 197 +. • . and the Grantee consents to recordattoa thercef by its duly authorized officer. DATED I jk2,',e 3/ _ _, 1975. - STATE OF CALIPOTU4IA DZPARTHEN`T OF FISH AND GAME 1 3 F 1. i 19 11 P STATE OF CALIFORNIA 1 ). ar. .. ' COUNTY OP ORANGE ) On fir / 16 1975, before me, the undersigned, a p S S �/,��� Notary Public in and for said State, personally appeared ��CJ' ro N know to me to be the President, end — i known V !r to me to be the Secretary of the corporation that executed the within Instrument, and known to me to be the persona who executed • {. the within instrument, on behalf of the corporation therein, named, and in acknowledged to me that such corporation executed the within instrument 4 pursuant to its bylaws or a resolution of its Board of Direr tors. -wrTNESS my hand and official seal. D •••L LWAINE •KNES ••• D� ,�f N[4NC(i .o••n .u.e c•u.aau : Ho Cary Pub 11 nn a c for can r.. .... u + County and State i 0 eu4f CVVwq , ' SH...� � wr 4...r•�.i.Wi.i s- C£RTITICA7E of ACCEPTANCE ?,tin CONSENT TO RECORDING OF EASEMENTS ' L TO THE STATE of CALIFORNIA - This is to certify that the interest in real property a conveyed by the Grant of Easevants dated qpp IL IL , 1975 a from THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF FISH AND GAME, a governmeotal agency, •Is hereby accepted effective 0AI.K 1.7., 1975 by the undersigned . or agent on behalf of tho DEPARTMENT OP FISH AND GAME f .officer pursuant to authority conferred by resolution of the FISH AND C.42, COMMISSION of the State of California adopted on December 6, 197 +, • and the Grantee consents to recordation thereof by its duly authorirad Officer. - - DATED, 4� .21 , 1975. . .. . STATE OF CALIFORNIA .DEPARTMENT OF FISH AND GAME i i — ` it I 13821 1912 - -rnose portions of Block $1, IrYino's Subdivision, partly in the - City of Newport Ocach. all in the County of Orange, State of y' ' P. California. as per map filed in Book '1• page $3. Hiscollaneous m . Record Maps, records of said County, described as follows: •eD b PARCEL 1: - nr An easemcnt for ingress and egress. 30.00 feet ride, the North - - 'es westerly line of which is described as follows - :y Beginning at the most Northerly coiner of the land described in a. deed to F. Roy Greenleaf, Jr.. recorded in look 2207, page 196. Official Records of said County: thence along the Northwesterly boundary of said' land the following described f '. as courses: s 1. South '40' 37' 14" Nest 130.21 feet. _ .. . •t 2. Southwestorly 146.52 feet along'a $00.00 foot radius carve - that is concave Northwesterly through an anglo of f' • •r 16 %. 17` 23 "; - '• ' S. South 57• j4. 37" West 416..16 feet: 4, Southwesterly 69.50 feet along a $00.00 foot radius 9 ' curve that is concave Southeasterly through an angle of i l .. 10. 15` 20": -. .. ,. _. .. •! S. South 470 09. 17" West 244.34 feet; 1 ... 6.. Southwesterly 19..61 feet along a 2090.00 foot radius or - N1Ta that is concave Northwesterly CNLOYgh as angle Of 32' 25" to the most Westerly corner of said land and ' LOe Polar "A" hereinafter referred to. • EXCEPTING that portion lying within Nesa Drive as shown om • s 4 map of Tract No. 706• filed in Book. 21, page 25, Miscellaneous • laps,_ records of said county. • • III 1382n 1913 The Southeasterly line of said casement shall terminate in the Southwesterly boundary of said land of Greenleaf. PARCEL 2: An casement for ingress and'egress 3.0-00 fact wide. the Northwesterly line of'which is described as follows: Beginning at Point "A'- described in Parcel I above; thence Southwesterly 695,28 feet along , 2080.00 n foot radius curve that is concave Northwestarly.thr, u2h an angle 180 52. 361., said curve being the continuation of . the curve des . cribed in Cou . rso No. 6 described in Parcel I above. The Southeaster . ly line of said casement is to be prolonged or shortened so as to terminate Northeasterly in the Southwesterly bou]ndary of said Land of Greenleaf and Southwesterly in a line that bears South 69 "8s' GO.- East From the Southwesterly terminus of the-Northwesterly line of said easement. A m:j 9 �l - - U1138ZnI914 == (Mesa Drive)F�". That portion of Block" $1• Irvine's Subdivision• partly in the -c City of Newport Reach, all in the County of Orange, State of c I California, as par map filed in Book 1, pago t6: Miscellaneous . Record Maps, records of said County, described as follows: IN 1 • - An easement for ingress and egrois 30.00 fact wide, the Southwesterly and Westerly line being described as follows: Commencing at the most Easterly corner of the Iand described .' in a deed to Alvin S. Cox .recorded in Book 2039• page 225, ' Official Records of said County: thence1 .. I. North 49' 22' 46" West $5.00 feet along the Northeasterly G ' line of said land: thence . • .2. South CO' 37' 14" pest 30.00 feet to the TRUE POINT OF BEGINNING: thence f .. 3. South 49' 22' 46" East 55.00.feet to an angle'point in ,. the boundary of said land; thence South 1' 57' 39" Nest' - • . 622.95 feet along the Easterly boundary of said land and ' 1• i ' its Southerly prolongation. S. The Southerly terminus of said easement shall terminate in + the . s following described line: Beginning at the Southerly terminus of the Wasterly line of., said easement: thence South BB' 55' 23" East 11.52 feet; 1 thence South 70' CO' 37" East. �. 9 E • / • A.P. NO, tti GRANT OF nsrE XNT THE IRVINE COMPANY, a West Virginia corporation, hereby grants to THE STATE OF CALIF08:71A, a non - exclusive, reloeatable easement, for vehicular. pedestrian and bicycle ingress and egress purposes over real property situated in the City of Newport Beach. County of Orange. State of California,. described 'n Exhibit 'A' attached hereto and by this reference made a pert horeof, SUBJECT TO, (1) Covenants, conditions, restrictions. reservations and easements and rights of record, and (2) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantee, provided only that Grantor upon such relocation shall grant to Grantee a like and similar easement giving Grantee reasonably. Comparable access to the real proparty..described in that certain Grant Deed from The Irvino Company to the State of California recorded in Book lI MI ,-page {7 14. of official Records, .. RESERVING UNTO GRANTOR. Its succcseors and assigns, the right to use said land for any purposo whatsoever as shall not interfere with or endanger the use by Grantee of this easement, including but not limited*to the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, Wet iA( sib LMCM1TSTO giTyaF s00ACSS AEOMC ' _ . A .- tC ^.O:.GII 1!... LJ; L'D CY At:O 1799_9 '...� OF CALIFORNIA EXEC) ?i fan �� TMRf p1j t4 e/ STATE �l YI yncMl .(Caro( i N. Gregory Taylor, E.q. sawa(couwTT.t�• N - D.:puty Attorney General ffiS J 800 Tishman Building sores i 3580 Wilshire Blvd. lM rtsiTlL t(a.g(((w Los Angeles, Calif. 90010 (State of California Official Business) n.. (Document Entitled. to Free Recordation Pursuant to Government CCoddeeicetion 6103) A.P. NO, tti GRANT OF nsrE XNT THE IRVINE COMPANY, a West Virginia corporation, hereby grants to THE STATE OF CALIF08:71A, a non - exclusive, reloeatable easement, for vehicular. pedestrian and bicycle ingress and egress purposes over real property situated in the City of Newport Beach. County of Orange. State of California,. described 'n Exhibit 'A' attached hereto and by this reference made a pert horeof, SUBJECT TO, (1) Covenants, conditions, restrictions. reservations and easements and rights of record, and (2) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantee, provided only that Grantor upon such relocation shall grant to Grantee a like and similar easement giving Grantee reasonably. Comparable access to the real proparty..described in that certain Grant Deed from The Irvino Company to the State of California recorded in Book lI MI ,-page {7 14. of official Records, .. RESERVING UNTO GRANTOR. Its succcseors and assigns, the right to use said land for any purposo whatsoever as shall not interfere with or endanger the use by Grantee of this easement, including but not limited*to the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, Wet iA( sib LMCM1TSTO giTyaF s00ACSS AEOMC _ ,;� -- sIl 1383rc 1916 f �� i` in, over, under and along said land.. Grantee shall be obligated To maintain said easements. Neither Grantor nor Grantee shall be obligated to make any I x" ' improvements on said easement, but either may do, so at its own. i !a • expense:. If Grantee sakes such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor i agrees to reimburse Grantee for such expenditures. _. i .Upon the improvement of a public roadway from the present extension of Del 'Mar Avenue from east of Irvine Avenue to Jamboree ! s Boulevard, currently,refcrred to as - University Drive -, the easement 4 described in Parcel No. 1 of Dxhibit -A- shall terminate and be of I no further force and effect as to the portion northerly of ! j - University Drive provided that said roadway provides reasonably rn 'similar access to the land described in the Dead referred to heroin— above. i i Grantee agrees to inemnify Grantor against, and to hold Q Grantor harmless, from any loss or damage to any property, or injury . cc or death of any person whomsoever, proximately caused in whole or F Gm in part by any negligence of the Grantee, or its employees or agents, rac or by any act. of omission for which Grantee, or its employees or :e0 agents, are liable without fault, in The exercise of the rights herein granted, save and except in those instances where such .1059 t or damage or injury or death is proximately caused in whole or in fax part by the negligence of the' Grantor, its successors or assigns, lin or their employees or agents, or by any act or omission. for which ex Grantor, its sueceseors or assigns, or their employees or agents, .i are liable without .fault. BATED: 1975. U0THE XRV '!C =4 At By ant 'Sec recaty i w I 4t `A . .— .. Ot11382tc19J? � STATE OF CALIFORNIA ) .a a ' COUNTY OF ORANGE N • On -6(,J�., -�J /L , 1975, before met the undorsigned, a Notary Public in and for said State, personally appeared. /, olloa/ K known to De to be the President, and P.�,1.,,, , known • to me to be the Secretary of the corporation that executed 1 - the within instrument, and known to me to be the persons who executed , the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. i WITNESS my hand and official seal. i L LOBUME 103ES . �• ao•,. VRK cull ". i NdpUblic Sn a le for said • eo.." County and State CERTIFICATE OF ACCEPTANCE A::D CONSENT TU RECORDING OF EASCMENT , - TO THE STATE OF CALIFORNIA . / This is to certify that the interest in real property . 9 conveyed by the Grant of Easement dated APRIL )L , 1975 . from ' • L THE IRVINE COMPANY to the STATE OF CALIFORNIA, acting by and through 'a ' r the DEPARTMENT OF FISH JUM CAME, governmental agency, is hereby t 'accepted effective �*L , 1975 by the undersigned o -fflcer . R' or agent on behalf of the DEPARTMEYT OF FISH AND GAMZ pursuant to. r authority conferred by resolution of the FISH AND CAME CO.MfISSION • of the State of California adopted on Decent bar •S, 197q, and the ' t Grantee consent& to recordation thereof by its duly authorised L officer. .... .. .. '.. .. .' DATEDr .> 1/ , 1979. .. • ' - .. - . - .. r' STATE OF CALIFORNIA �. DEPARrU= OF FISH A:-'V GAME .� by 3. F •� r All __�pARCEL rO. 1: (Orchard Drive) U11382fc1918 That portion of Block S1, Irvine's Subdivision, in the County of x Orange, ..State of California-,. as per map filed in Book 1, page ea. .N " N Miscellaneous Record flaps, records of said County, described as "y •.. follows: - An .easement for ingress and egress 30.00 feet wide, the North - testarly and Easterly line of which is described as follows: " 'beginning at the Southeasterly terminus of the center line of 'Tract. Orchard Drive as shown on a map of No. 1507 filed in ` B..ak S1, page 15, Miscellaneous Maps.. records of said County, ' being an angle point In the boundary of the land described in ' a deed to the Costa Mesa Union School District. recorded in. Us rn ' Book 3519, page S98. Official Records of said County; thence - ' from a tangent that bears South 69. 23' OS- East. ' 1. Southeasterly 205,96 feet . along a 3S0.00 foot radius curve - said boundary that is concave Southwesterly through an - " angle of 33• 43' 00 "S thence • .: 2. South 15• 40' 0S" East 568:3S feet along . saiA, boundary and the Southerly prolongation . thereof to the beginning of.a curve concave Easterly and having a radius of I. 2S0.00 feet; thence S. Southerly 29.87 feet along said 'curve through an angle of 6• SO' 47 ^: thence ' t, South 220 301-524 East 162.46 feet. E . The Westerly line of said easement shall . terminate in a line • that bears South 6.1: 2S' 17° West from the Southerly terminus - v j of the Easterly line of said easement. 23MIDIT 1� • /0 I N 0 Beginning at Station 109 at the Ordinary High Tide Line as — ---------- • Beginning at Station 109 at the Ordinary High Tide Line as • described in the final decree entered in Case No. 20436 C i Superior Court of said Orange Count)•• said Station bcgin.in 1382tc1919 the boundary of Tract No. 4224• as per nap filed in.Bvok IS7• PA_R,CCL NO. Z: (North Star Beach) Ill 1p easement over that • county: thence portion of Block $3• Irvine's Subdivision. In the City of Newport courses: Beach. County of Orange. State of C211fornia. as per nap filed in Book 1. pago,83, Miscellaneous Maps, records of saidCounty. described as follows: Beginning at Station 109 at the Ordinary High Tide Line as • described in the final decree entered in Case No. 20436 C i Superior Court of said Orange Count)•• said Station bcgin.in the boundary of Tract No. 4224• as per nap filed in.Bvok IS7• • pages I through 14. Miscellaneous Maps• records of said • county: thence along said boundary the following described courses: I.-North 4S• Zl' 40" West 114.37 feet'. Fa Z. Northerly 23.$6 feet along a I5.00 foot radius curve Cr that Is concave Easterly through an angle of 90* 00' 00": m6a 3. North 45•.21' 40" West 60.00 fact, 4. Korth 44* SO.' 20" East 467.52 fee't, ,occ S. North $6% orr 00" West 49.94 feet; *cti 6. Noinh 51' 23' 24• East. 71.00 fast; P T.' North 4SO OS' 441• east 72.30 foot; to I. North 34• SS' 00• East 78.24 feet; Core P. Nor th 54. IS' 12- East 144.11 feet. flog 10. North 66 23' 601. East 214.41 fact. and 11. North 871 39' 32­ East 364.50 fact. 12. South 74•'08. OV East J24.04 febt to the Southwesterly career of Lot '90* o'f so id Tract theme leaving said boundary 13. South 16' 161 $4" West 100.14 foot. nor* or logs. to said Ordinary Nigh Tide Line-, thence along said Line the fallowing described courses: AM I m m ......... • III 1382?r 1920 14. North 80* 02' 37" West 152 -20 feet; iLS. South 8" 32' 32' West 164.93 feet;. 16. South 62. 17' 13- West 209-11 feet" 17. South 59* 23' 39" west: 213.6♦ feet. is. South.12• 521 62--.. West 725.03 feet to the point of be g im i n 9 - 7 a % AM I m • • rL V r t \53'_. x• >� r [ ucwa0 AT arm.... _. a • mo d _:r•�rruC'Ei NO. 3. N (Constellation Drive) A relocatabte easement 30.00 feet wide for vehicular - ingress and egress, pedestrian and bicycle trail purposes over yp' that portion of Block 52, Irvine's Subdivision, in the City ofI Newport Beach; County of'Orango, State of Califotnia, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of ' ae td County, the Southeasterly and Southerly line being described 7 as follows: - tt Heginaing at the most Easterly corner of Constellation Drive 4 rn as shown on a map,of Tract No. 4224, filed in Book 157, pages ' 1 through 14, Miscellaneous Maps, records of said County; thence North 40' 40' 01" East ZO.,SO feet along the-boundary ' of said Tract to the beginning of a curve therein concave Southeasterly and having a-radius of-- 170.09 fact; thence Northeasterly 114.23 feat along said curve through at angle of 38. 30' 00 "; thence leaving said boundary North 78. 10' Ole East 323.01 feet to the Ordinary High Tide Line as described in the final decree entered is Case No. 20436 Superior Court of said County. The Northerly line of said easement shall terminate Easterly in said Ordinary High Tide Line. - 0 1.: "Comm t211382rc 1922 N V PARCEL NO. 4• .. N . (Mariners Drivel -- AF ' An easement described to follows . :. Beginning at the Northwesterly, terminus of the center line ,4 n of Mariners Drive as shown on a map *of Tract No. 4124, in -0 i Book 157, pages 1 through 14, Miscellaneous Maps,, records of .. said County, being in boundary of said Tract; thence a 1. North 69' $1' 31" East 30.00 feet along said boundary; •' .. thence • 2.- North 20' OB' 28 1!. Mest73.2a feet to the beginning of �C •curve concave Southwesterly and having a radius of £i i- i -$0.00 feet; chance 3. Northwesterly 88.61 feat along said curve through an angle of 101, 32' 13 "; [hence non-tangent' Lf 4. South 20' 0a' 2g" East 121.27 feetco.said boundary; thence - - S. North 59' 51' 31" East 30.00 fee[ along said boundary righ to the point of beginning. - - - . Intel .. ropai .. .... 1, 1 • 'e, 5pacevabove &as lino for Recorder's use CORPORATI04 C,b \NTDCED J TOR A VALUABLE COESIDERATION.. receipt of which is .hereby - acknowledged. TYE IRVINE CO.NPAT.1, a Corporation organised ender the 0 lawsof the State of west Virginia. does .hereby GRANT JOINTLY TO the COUNT! OF ORANGE, a body politic and corporate,. and the CITY -- OF NEtM'.1T BEACH. a municipal corporation, the real property in the 'e, 5pacevabove &as lino for Recorder's use CORPORATI04 C,b \NTDCED J TOR A VALUABLE COESIDERATION.. receipt of which is .hereby - acknowledged. TYE IRVINE CO.NPAT.1, a Corporation organised ender the lawsof the State of west Virginia. does .hereby GRANT JOINTLY TO the COUNT! OF ORANGE, a body politic and corporate,. and the CITY OF NEtM'.1T BEACH. a municipal corporation, the real property in the .' .City of Newport Beach. County of Orange, State of California, described, in Exhibit 'A' and delineated on Exhibit •E', which - i exhibits are attached.hereto and by this reference are incorporated . / •in and made a part of this Deed, SUBJECT TO: - (1). Covenants, conditions. .restrictions. .reservations and easements and rights of way apparent or of-record; and - (2) The condition that Grantees. their successors and &&signs, shall at all times use the premises for public park purposes' 'r compatible with an ecological reserve and /or wildlife refuge and shall RL'Co Arid. P.^ ^CC iTCD By . \;.D for any purpose other than for public park purposes compatible with ' ' N DECORDLD 71A1L TO: 18000 above condition is not satisfied or there is.a breach of such condition. Grantor,.its successors and assigns, may either (i) re -enter Mail Tax Statonnnts To: (Grantee Tax Exempt) . eotn AT "auto OF /•w.�iawessr�.rtna,.ass.r+-ir:w c EXEMPT C1 °C0 txut Tmi RR to M g1.bK AECOI's M CU CW sn. CUD. N J FIRST AM(RICAN TITLI IksuukR L COMB; /y • a ea a> estaos An 22 1975 n t s i au woerw w.a a,mn MMf.. M1A UJl04N1. 9t >el VIA IS C01RLCA1tRMte to " N _ I*1VIt •. R U% aR.a:aY lY YW1�1 wlu., M s. On•..r'•e nw^' a b � (Stets of California Official Business) do-. +'�'�•n ,...wne+„. -+.w" (Document Entitled to Free ReCoreaticn — °^'S•'•'"°'TM'•"'•""w""'^•'•' Pursuant to Government Cade Section 6107) A 14 1'4A TTd .4 F 'e, 5pacevabove &as lino for Recorder's use CORPORATI04 C,b \NTDCED J TOR A VALUABLE COESIDERATION.. receipt of which is .hereby - acknowledged. TYE IRVINE CO.NPAT.1, a Corporation organised ender the lawsof the State of west Virginia. does .hereby GRANT JOINTLY TO the COUNT! OF ORANGE, a body politic and corporate,. and the CITY OF NEtM'.1T BEACH. a municipal corporation, the real property in the .' .City of Newport Beach. County of Orange, State of California, described, in Exhibit 'A' and delineated on Exhibit •E', which - exhibits are attached.hereto and by this reference are incorporated . / •in and made a part of this Deed, SUBJECT TO: - (1). Covenants, conditions. .restrictions. .reservations and easements and rights of way apparent or of-record; and - (2) The condition that Grantees. their successors and &&signs, shall at all times use the premises for public park purposes' 'r compatible with an ecological reserve and /or wildlife refuge and shall not cease to use or attempt to use said premises or�any part thereof for any purpose other than for public park purposes compatible with an ecological reserve and /or wildlife .refuge. In the event that the above condition is not satisfied or there is.a breach of such condition. Grantor,.its successors and assigns, may either (i) re -enter Mail Tax Statonnnts To: (Grantee Tax Exempt) . /•w.�iawessr�.rtna,.ass.r+-ir:w 1P .; It 113821c 1924 • and take possession of the practises and oust all persons therefrom. �T _ it being intended that the failure of any such condition to be ' N 1 satisfied or the breach of any such condition shall operate as a condition subsequent and that each and all of Grantees. their K • successors or assigns and .any person acquiring interest in the premiaus shall be bound by and subject to such condition pubeequcnt. - or (ii) seek any other remedy available at law or in equity including. without limitation the right to seek specific performance of or to enjoin the continuance of the breach of any such condition. It is specifically understood that any of the foregoing remedies may be employed at the option.of Grantor. and the failure of any of such remedies to be employed upon any one or more of an; occurrence giving rise to such remcdies shall not be a waiver of the right to rn .mploy such remedies upon the continuance of such occurrence s.or any subsequent such occurrence. IN WITNESS WHEREOF. said corporation has caused its corporate name and seal to be affixed hereto and this instrument / to be executed by its President and, secretary o . • thereunto duly authorized. . 1975. 011,TrD THE IRV -E COMPANY ey � Pros>.denC i 8 y �I - nacre tary 'I STATE OF CALIFORNIA 1 COUNTY OF ORANGE On �J /(, 1975. Deform ma. the undersigned 1. a. Notary Public. in and for said State, personally appeared � 'o known co me to be the President, and S. m $ecretary,of the. corporation that executed the within instrument. and known to me to be the persons who executed 1 5 7 the within inscru.mcn¢ on behalf of the corparatiom therein named.' and acknowledged to me that such corporation executed the within • instrument pursuant to its bylaws or a resolution of its Board of Directors. WITNtSS my hand and official seal. + ..t .................. LORRgmt X"FS J. 'L Notary Pu,v�c �n a,., z.r sal d 0 1 ... . .. County and State .... . ..... CERTIFICATE OF ACCEPTANCE Ain is to certify that the interest In real prpperty conveyed by the-within Corporation Crant ocod to the County of Orange, a body Corporate and politic, 13 hereby accepted by the undersigned officer or agent on behalf of the Board of Supervisors of the County of Orange, • pursuant to authority conferred by resolution o! the said Board of Supervisors adopted on 1975, and the Crantoo consents to recordation thereof by Its duly authorized ol:'zer. • DATED: t 1975. COUNW OF OPLANCE ACCEPTED: CITY OF f,WWRT BEACH Mayor • By • CW, Clerk ' A=TO FORM- I Clty At rney V 7 9 the within instrument on behalf of the corporation therein eamed, and acknowledged to me that such corporation exewted the within instrument pursuant to its bylaws or a resolution of its Board �- • of Directors. UXTNESS my hand and oe- fieial, seal. t IOM.S Y..r ° 7• . worn �'• " °'`avo + +�• : Notary Cublic ln5ald wry Public 4P., said i r,.iM1 C.V. mricl iN � � N County and State ... CERTIFICATE OF ACC'c^TANCE This is to certify that the interest in real property conveyed by the wit:dn Corporation Grant Deed to the County of Orange. a body , corporate and politic, is hereby accepted by the undersigned officer Or agent on behalf of the board of $ upervisors of the County of Orange, . pursuant to. authority conferred by resolution of the said Board of , Supervisors adopted on &pR a 9 vim. 1975, and the Grantee consents to recordation thereof by its duly authorized officer. .. .. DATED:.] 17 1975. { s" CODt7T�r Dnt OA1P.1vGS n "' By /�•X�.� G.- !'.��c.eti� 6t 1138_tt 1926 This fate certify that the interest La real property teevesed by the . ' deed R Rut dated Aer11 16. 1975 free Tbs Irr1De Cosnsof to the Covaq of Orange and to the City of Verport Se"h* a municipal torparatias. Is hereby accepted ' by order of the City Council an the _JLLh day of April ' 1/jy_, by the edoptiam of tasolutive Do.afil : and the [rant" cema"ts to reoordatla thereof by its duly wtherised offii'car.-- YY e, - bt fly Mayor of the City _ L aavpe B b . Attot. :f City Gler Dated: April 16. 1975 - , • / • 0 c, .�.a. Prcues'crn ey_A::o...---'--.--'- 1111382K1927 All thoso.certain parcels of land, in the City of Newport Beach. County of Orange. State of California, being portions of Blocks 4, SZ aed S3. Irvine's Subdivision, as per map file in Book 1. page 88. Miscellaneous Record Naps. records of said County. described as follows: i Parcel 1: 8aginning at Station No. 76 of the Ordinary'High Tide Line as described in the final doereo entered in Case No, 20436 Superior . Court of said Orange County: thence .1. South 0. 241 S2" Nest 610..81 feet along said Ordinary .. Nigh.Tido Lice to Station :4o. 77 thereof: thenco _ " _.. i. South 31. 37' It" Past '430.16 feet along said Ordinary { High Tide Lino: thence f 3. South 4S• 00, 00" Nest 46.71 feet: thence 4..North 41' 61' 42" Nest 236.3S feet: thence r. S. North 320 S1' 26" Most 3SZ.96 foot: thence ' 6. North. 29 391 35" Vast 287.27 feet: thence 7:.'North 1.2. 4S' 46" Nost.30S.SS feet:. thence i' 8. North 4. 04' Z6" Nast 3S1.89 feet: thence 9. North '9' SS' 34': Most 90.20 feat to a point on the 1 1 Southeasterly right of uq line of.l"ino Avenue, 1DD.DD feet wide, as described In a deed to the CLty of Newport Beach recorded in Book 8603, Pago 885, said Official Records, said point being on a curve concave Southeasterly and having a radius of S00.00 feat, a f� radial to said Point bears North S2. 04' -24" Nest: .. thence .. 10. Northeasterly 22.64 feet along said curve through an amglo if to 35' 40": thence ' 11. North 400 $1' 16" East 160.90 feet along said right of way line: thence • 0 L -- . _'.. tfJ 1382tt1928 = ti 12. South. 0. 21.' 11' Nest 2.12.70 feet; thence - K • 13. South 9•'07' 31" East'. 126.10 feet thence lA South 31;• sl' 11" East 127.18 feet to a point that is North Ss•. 13' 20^ Best 250.95 feet from the point of beginning; thence .. - 1S. South Ss• 13' ZO' East 250.95 feet to the point of, ' beginning. - EXCEPTING AND RESERVING unto the Grantor, its successors and Lo n assigns, all oil, oil rights, minerals, mineral Tights, natural _ gas, natural .gas rights, and other hydrocarbons by whatever name known that nay be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the ' safe from said land or any other land, including the right to whipstock or directionally drill and mina from land$ other than ' those heroinabove described, oil or gas wells, tunnels,and shafts Into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior ' limits thereof, and to redrill, retunnel, .equip, . maintain, repair, • deepen and operate any such wells or mines, without, however, the . right to drill, mine; store, e: lore.and o . _ p peters ;h rough the p ; surface or the upper SOO -feet of the.. subsurface of the land m �s hereinabove described. i I PARCEL 2: - Beginning at a point in the Easterly lino of Lot 47., Tract No. - 4224, as per map filed in Book 1S7. pages 1 through 14, Miscel- , lanoous Maps• records of said County. said point being North 12• ' 00' 06" West 23.74 feet along said lino from the Southeast corner of said Lot:'thenco - 1. North 12. 00' 06" Nest 136.30 feet along said line and the East line of Lot 46, said Tract No. 4224, to the Northeast corner of said Lot 46; thence 2. 'North 77. 13' 39" East 54.S2 feat; thence I 3. South 46. 3S' 26" East S0.93 feet: thence 4.. South 77. 44. 07" East 23.S4 feet; thence z • S. North 64.48' 20" East SS.23 feet; thence �6. South 47. 24' 461• East 'S9.44 feet to the intersection with a lino that is at right ingles td the Mortheasterly line of Lot S4, said Tract No. 4224• and passes through the Northwesterly corner of said Lot S4; thence. 7. South 20. 08' 29" East 134..86 feet to a point,of cusp ' with a tangent curve concave Southerly and having a - Tadius of S0.00 feet: thence ' ' S. Westerly 88.61 feet along said curve through an angle of 101. 32' 13 "; thence non- tangont B. North 20. 06. 29'• Nest 45.66 feet; thence 1. 10. South 84. 00. 211• West 171.41 foot to the point of beginning. H • a Lp ui1382n1930 EXCEPTING AND RESERVING unto the Grantat, its successors and assigns, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatever name known that may be within or under the parcel of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the some from said land or any other land, including the right to whipstock or directionally drill and sine from lands ocher than LJy those hereinabove described, oil or gas wells,.tunnels and shafts into, through or across the subsurface of the land hereinabove {� 4 described, and to bottom such vhipstocked or directionally drilled" .wells, tunnels, and sh.vas under and beneath or beyond the exterior limits thereof, and to redrill, retunnsl, equip, maintain; repair, h deepen and operate any such rolls or mines, without, however, the right to drill, mine, store, explore and operate through the / • surface or the- upper 500 feet of the subsurface of the land hereinabove described. PARCEL S: - - Beginning at Station 109 of the Ordinary High Tide Line as described In the final decree entered in Case No. 2D4�6 Superior Court of - said Orange County, said Station begin in Cho boundary.of Tract No, 4224, as par map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along said boundary the following described courses: s z' 0 D . z I PI'COCSTLD BY A: ;D - III 1382nt931 • i. North 4S' 21' 40" West 114.37 Feat; - 2. Northerly 23.36 feet along a ISM foot radius curve . that is concave Easterly through an angle of 90' 00• 00'l;. • 3. North 4S' 21' 40" West 60.00 feet, 4.. North 44* 38' 20" Last 487.52 feet-. " S. North 56' 00" 00•' West 49.94. feet-. 6, North Si' 23. 24' East 71.00 feet:. .7. North 43' O.S' 44•' East 72.38 feet: I. North 340 SS' 00' East 78.24 feat; 8 9, North 54'.28' 22" East 144,11 feet; l ' 10, North 68' 23' 00" East 214.41 feet; ' " 11. North 87. 39' 32° East 364,SO feet. Y " 12, South 74' 08' 02" Easc. 124.04 feet to the Southwesterly corner of Lot 40 of said Tract; thence leaving said ' boundary 13, South 16' 26'. S4" West. 100,.14 feet, more or less, to . • said Ordinary High Tide Line: thence along said Line .cha following described courses; , • 14, North 80. 02' 31" West 1S2.20 feet; 1S. South 87' 32. 32" West 164.98 feet; Y ' 16..Souch 82' 17. 13'• West 209.11 feat: 17. South S9' 23' 39' West 213.64 feet; 4 It. South 32' S2^ 42" West 7iS,03 feet to the point of beginning. k EXCEPTING AND RESERVING unto the Grantor. its successors and y: .assigns, all oil, oil rights. minerals, mineral rights, natural Y gas, natural gas rights, and ocher hydrocarbons by whatever name known that may be within or under the parcel of land horeinabore deuribeJ,'cotecher with the perpetual right of drilling, mining, • exploring and operating therefor and storing in and removing the • $am from said land or any other land, . Including she right to ,: f D . z I 1 0 'F V. Fir JcSTLD BY AND si 1. T(11 1382?& 1932 whipstock or directionally drill and mine from lands other than .those hereinabove described, oil or pas wells, tunnels and shafts into, through or across the subsurface of the .land hereinabove described, and to bottom such whipstocked or directionally drilled calla, tunnels. and shafts under and beneath or beyond the exterior 'limits thereof, and to redrill, retunnel, agaip, maintain, repair, deepen end operate any such rolls or mines, without, however, the .,-right to drill, mine, store, explore and operate through the .surface or the upper $00 feet of the subsurface of the land hereinabove described. _ - " h 1 0 'F V. Fir JcSTLD BY AND si 1. T(11 1382?& 1932 whipstock or directionally drill and mine from lands other than .those hereinabove described, oil or pas wells, tunnels and shafts into, through or across the subsurface of the .land hereinabove described, and to bottom such whipstocked or directionally drilled calla, tunnels. and shafts under and beneath or beyond the exterior 'limits thereof, and to redrill, retunnel, agaip, maintain, repair, deepen end operate any such rolls or mines, without, however, the .,-right to drill, mine, store, explore and operate through the .surface or the upper $00 feet of the subsurface of the land hereinabove described. _ - " • I/ • I j is 4 � PO�PT /OA/ OF pGK'S. SCALE / =100'• \SUfJO /v /S /OV P =Q THE IRVINE COrb1PANY rewlci CITY Or,VZ::4'J'T a.�n•m..... ... UPPED .VUI�F'O.:I /)nY P.: ; >CfLS e\.r... u•<.. e.u.o. +�.uu. nnr. nn.r.vn .�bv iuiir cw U, / /u'[ on:c uti• p �.aa no ZCG.'i txh[bl6 'L" Page I 1r .- N• b K III 13821c 1933 / /. SO°Z4'52 "W 6 /0.6 /' 13 / .1. 631'377Z "6 480- /6' 3• S45°0000"W 46.71' 4 4• N4/'0/'W 236.35' / / 3. N3Z °5 /W16 OIV 352.56 IS E,. NZ9 °3035'W Zd7.Z7• 7 N12045'46 4W 305.55' d N4.04'Z6 °W 35/.82" SM.76 5' VO# 5'34 "W 90.20' 4-Z'3540" 2.300.50' Q w0v A NCO °3 /' /6'E 160'90' 1 2 /Z.. SO °Z/'// "W 2/2.70' /,3 59°07'34 "E 126./0' i o o 14 331#41-41'45 /Z7 40 ' yN /5. 554'13'20 E Z50.35' 4 OVQ - V STA.77 5 Z 4 � PO�PT /OA/ OF pGK'S. SCALE / =100'• \SUfJO /v /S /OV P =Q THE IRVINE COrb1PANY rewlci CITY Or,VZ::4'J'T a.�n•m..... ... UPPED .VUI�F'O.:I /)nY P.: ; >CfLS e\.r... u•<.. e.u.o. +�.uu. nnr. nn.r.vn .�bv iuiir cw U, / /u'[ on:c uti• p �.aa no ZCG.'i txh[bl6 'L" Page I 1r .- N• b K D' r 1,1382FC 1934 � f S I :• V1. N77 033' S ZD•E 50.95, ! ' 46 ° ?57'044.07BQ ZOOS 5.L5 i 5 I._ . N E ' wzaaa. 5d5,y.4d ;$ car 8 4G P�1C7 Z C w h In 47r o a'DO'Z / "rV ' — \�.., ag �- 56 om PLO fj. - // 23.74' � /4•/0N31'l3' z. 5a00, ua /Yl CGri1- I L•BB -W 5 WPav M,d 157// / t Aaer/O.V OF SZOCA 55 ` bdex. / /G6- r.m MiE IRVINE COMPANY CFTY J,= ,V YTo,_T u-7A7d:/ i lJ.f!-J._f.-ZzE/,;!.'?Y r1 wlwl •�.u..wu.tr• - -uu• llilC: .,IQU,V /A +'.'V /�Z.ii �, IG':fl. lqy J! /UAII. / -: J'IJ +I4 CfL W S /J • • — _ M- cw. IIf! / °C w.L kw- / T ILL I.M Z is V O 11 ' Y•hib 1p •11• 1•u•lu t - {' y I • /0 is 11382K zor o0 11 14 L 15 Ot Z 4-:10,00,004 t ex 15.00' Q. 41 1 a Z3.5&' v J. 'N45pZ1'40*iY 60-00' 4. Atd4@j8.ZO"6 467.52' 17 m 5. N56000,000tv 499G', 499G', 46. N31 °23'24'6 71.00' 7 "A(43'05' 44'6 71.36' N34055*00"6 76,24' 9. N54°Z8-1Z-Z 144.11- la N68-23-00 -e Z14.41' IZ4.04' /00. Wt A NJOW'S70W 152. ZO' My 1• 56ZO17'130 W 209-11' JrA /Oy 17 5590 ZJ-35-w ZI3.64' z I Id. S34*5Z'4z"iV 725.03' pV�jj -Vol- (At 0,0,640c.53 fUZ e,- /S ZOO' iEQ 14.,e. Af. /Idd. TH• IRVINE; COMPANY 3 E. C.m I IT A LAIlibit "It" Pogo I WY • GRANT OF EASENE.':T TM.IRVINB COMPANY, a Nest Virginia corporation, hereby GRANTS JOINTLY to the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NeUPORT BEACH, a municipal corporation, a•non- exelusive, relocatable easement for pedestrian and bicycle ingress and egress purposes only over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit 'A! attached hereto and by this reference made a part hereof. " •, . SUBJECT TO; .. . (1) Covenants, .conditions, restrictions, resarvationa and easements and rights of way apparent or of record; and - (1) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such rclocatioo shall grant to Grantees a like and similar easement giving Grantees reasonably comparable access to the real property described in that.certain. Grant Deed. from The Irvine Company to the State of California recorded in Book 1138A page IP U of ) .Official accord&; / l( • Wµ TAX SUT[r:..NTS TO aCMIAM aXaM AWA . C. .MCOP,Or,_ 1.: TED CY AND 18001 ICI1382ft1936 �. MIEN RIXORDED +LYIL TO: .% EXEMPT EIOST asERICAN TITW INSURARCE COaPAM C L ..c M aT a,ausrs s - as Mow,., .unm srwerX P. a DOE 1S7 Far AJKL iRit fat M D awes wAGUieNnu amral al wXx,r atzamos as { z 4MM WAQJM paaaLL.LtlIn1.tLLN. ). N . LOOXM 02 22 1975 ; N. MOIL -01 Jn'r- f J2 V TO .. _. Ll♦TU(timi7lL C.aK1maM `° [Gaa.rtFt iAl cI FMK ..... A t (State of California Official Business) ti,..- •-- ^•1'7L ' {Document Entitled to Free Recordation - fir'^' ° ^•"'" '�`•'~'w p,". °' ""� ; lursuant to Government Coda Section 6105)- °'O""' Space abave t6ac lino tor Recorder's use M. N0. `+'i ff lea- ay. -e_o GRANT OF EASENE.':T TM.IRVINB COMPANY, a Nest Virginia corporation, hereby GRANTS JOINTLY to the COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NeUPORT BEACH, a municipal corporation, a•non- exelusive, relocatable easement for pedestrian and bicycle ingress and egress purposes only over real property situated in the City of Newport Beach, County of Orange, State of California, described in Exhibit 'A! attached hereto and by this reference made a part hereof. " •, . SUBJECT TO; .. . (1) Covenants, .conditions, restrictions, resarvationa and easements and rights of way apparent or of record; and - (1) Relocation at any time by Grantor, its successors and assigns, upon thirty (30) days notice in writing to Grantees, provided only that Grantor upon such rclocatioo shall grant to Grantees a like and similar easement giving Grantees reasonably comparable access to the real property described in that.certain. Grant Deed. from The Irvine Company to the State of California recorded in Book 1138A page IP U of ) .Official accord&; / l( • Wµ TAX SUT[r:..NTS TO aCMIAM aXaM AWA . • • RESERVING UNTO GRANTOR, its Successors and assigns• the right to use said .land for any purpose whatsoever as shall not Interfere with or endanger the use by Grantee of this easement, Including but not limited Co the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, in. over. under and along said land. Grantees shall be obligated to maintain said easement. Neithor Grantor nor Grantees shall be obligated to make any Improvements on said easement. but,either may do so at its own expense. If aranteos make any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agreea-po reimburse Grantees for such expenditures. , Grantees agree to indemnify Grantor against. and to hold Grantor harmless. from any loss or damage to any property, or Injury or death of'any person whomsoever. proximately caused ie, + whole or in part by.any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or their employees ar agents. are liable without fault, in the exercise of the rights herein granted, save and except in those instances where such loss or damage or'injury or death is proximately caused in whole or in part by the negligence of the Graatora its successors or assigns. or their employees or agents, or by any act or omission for which Grantor. its successors or assigns, or their taployess or agents, are liable without fault. DATED: G p.. 1975. THE IRITix CO.MPa:1y a.. P- es:dont SEAL By —`— ` Secretary S `# o' sv? 9 r � r ''; I I RESERVING UNTO GRANTOR, its Successors and assigns• the right to use said .land for any purpose whatsoever as shall not Interfere with or endanger the use by Grantee of this easement, Including but not limited Co the right to construct, relocate, repair and maintain pipelines or other facilities for utilities on, in. over. under and along said land. Grantees shall be obligated to maintain said easement. Neithor Grantor nor Grantees shall be obligated to make any Improvements on said easement. but,either may do so at its own expense. If aranteos make any such expenditures and Grantor subsequently exercises its right to relocate the easement, Grantor agreea-po reimburse Grantees for such expenditures. , Grantees agree to indemnify Grantor against. and to hold Grantor harmless. from any loss or damage to any property, or Injury or death of'any person whomsoever. proximately caused ie, + whole or in part by.any negligence of the Grantees, or their employees or agents, or by any act or omission for which Grantees, or their employees ar agents. are liable without fault, in the exercise of the rights herein granted, save and except in those instances where such loss or damage or'injury or death is proximately caused in whole or in part by the negligence of the Graatora its successors or assigns. or their employees or agents, or by any act or omission for which Grantor. its successors or assigns, or their taployess or agents, are liable without fault. DATED: G p.. 1975. THE IRITix CO.MPa:1y a.. P- es:dont SEAL By —`— ` Secretary S `# o' sv? 9 r � r ''; I > Ic 11382rc t 938 - STATE OF CALIFORNIA ) - ' COUNTY OF ORANGE x. On q,, l� /6 1975, before me, the undersigned, a. Notary Public in and for said State, personally appeared ,0,;,,�.�- _�,,„J i N u _ <n • known to me to be the President, and 9,1 "IZZ , known !r to me to be the Secretary of the corporation that executed ,S it the within instrument, and known to me to be the persons Who executed .1 the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument 1. pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal.'/J• ............................ • L • LOA3uNE )ONES Notaty P4b1 A In_ or saiu �c -u oa q ,o.r ci 1. County and State . .. a o��.. �c. r . • • - CERTIFICATE OF ACCE:TANCE This is to certify that the interest in real property conveyed j by the within Grant of Easement to the County of orange, a body . corporate and politic, is hereby accepted by the undersigned officer, • or agent on behalf of the Board of 'Supervisors of the County of Orange, . pursuant to authority conferred by, resolution of the said Board of Supervisors adopted on MtiR q re , 1975, . and the Grantee consents ' to recordation thereof by its duly authorized officer. DATED. I r , 1975. _ OF .CVOU /NTTY n07 !. ACCEPTED, CITY OF NEWPORT REACH - by /J7�l�i..., • - eayor 1 APPR 3 AS TO FO 4• By • � qy lark L 8 city Y Y 5 I'-F. • • R STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I On .;, ' /6 1975. before me, the undersigned. a 'z �� //JJ // •N N. Notary Public in and for said State. personally appeared j known to me to be the Presidents and �� /. known ZZ to " to be the Secretary of the corporation that executed the within instruments and known to me to be the persons who executed the within instrument. on behalf of the corporation therein named, and '{ , acknowledged to me that such corporation executed the withi n instrument pursuant to its bylaws or a resolution Of its Doard of Directors. WITNESS my hand and official seal. ) • • •• / 1 p� •c/ • •do+.n L 1DRRCINC 1CMEi y+ Notary Y [itt or aul •............................. noca c.rnon.q: ; County and State i � m,.c! coven is ' CERTIPICAT_ OF ACCCPT. \NCE i it This is to certify that the interest in real property conveyed f� by the rithin Grant of Easement to the County of Oranga, a body i corporate and politic, is hereby accepted by the undersigned officer i or agent on behalf of the Board of Supervisors of the County of Oronge, ' pursuant to authority conferred by resolution of the said Board of } Supervisors adopted on Ryan 9 rw 1975, and,the Grantee consents I Is to recordation thereof by its duly authorized officer. tt t 13821C 1939 r i fThin is to certify that the interest in real property Conveyed by the ' dead or grant dated April 15, 1915 lroe The Irvine CcaTAM to the O>wrty of Orange, and i to the City of Newport leach, a municipal corporation, to hereby accepted i by order of the City Council on the' 8th�day or April ' 19 75. by the adoption of Resclutloa No. 9451 ; and the gnat" consents ' to recordation thereof by Its duly authorized o!llear. By, or f the Ct� � pt ¢ Of 9ewport sue !u - Dated, April 16, 1975 Att"o / �L I V r! n11382rc1940 Those portions of Blacks 4, S. Si, $2, S3, SS and S6, Irvine's e" <' ' Subdivision, In the City of Newport Beach, County of Orange, .� State of California, as per map filed In Book 1, pago 88, Nis - i z cellaneous Record Maps. records of said County, Y. and that po rtlan av of tot 2, Tract No. 112S, as per map filed In Book 39, pages 7 I • - Ana B, Niscellanoous Naps, records of sold County, described as 1, PARCI7L 1: (University Drive to Cast of 23rd Street) { A relotatable easement 10.00 feet ride for pedestrian and bicycle A trail purposes, the cantor line of which is described as Collars: w .� Beginning at the Intersection of a lino that is concentric l with and S.00 feet Southwesterly of the Sauthrestorly line rn of Parcel 2 as shorn on a map filed In Book 3, page 3s, � Parcel_..Naps, records of said County with the Southeasterly �. . terminus of University Drive as described in a Coed to the ' .f • City of Newport Beach recorded in Soak 8152, page 562, .. _ Offic lal .Records of said County said Intersection being the beginning of a curve Concave Northeasterly and having a radius of 1413.00 feet, a radial to said point bears South 37. 2S' 40" Nest; thence I. Southeasterly 358.76 feet along,sald concentric .curve ' 4 through an angle of 14. 320 50" to a point an a non - tangent Curve co ncava Northerly and having a radius Of 1955.00 feet, said curve being concentric with 'and S.00 `Lr Northerly of that certain 1960.00 foot radius curve in # 5 . ' the Northwesterly boundary of Parcel 102..1 described In ' 0 ' a deed to the Orango County Flood Control District rtcordod In Book $906, 'page S16, said Official Records, . rn :{ radial to said point bears South 34. OP $1" East; thence ' .. VCHIBIT A • • -w • F 13827; 1941 -2. Was ter 17 611.51 feet along said concentric -f curve through an angle of 17. 55',18" to a line that is parallel with and 5.00 fee[ Northerly of said Parcel 102.1: thence • t z .N . N. 3. South 73. 50' 27'• Nest .384.32 feet along - '- ' said parallel line; thence i • 4. South 8.3' 18' 22" Wes[ 60.41 fee[: thence S. South 75. 29' 36" Wes[ 90.07 feet; thence. 6. North 86' 04. 54" West 146.34 feet: thence 7. South 71' 45' 50" Nest 333.81 fee[; thence S. North 7. 1S' 12". East_ 166.33 fee[: [hence 9.. North 2' 08' 13" Wes[ 134.09 fee[: [htsce 10.. South 59. 53' 11" Nest 231.20 feet: [hence 13. South 24. 00' 54" Nest 110.57 feet: thence ' 12. South 13. 17. 27' Nest 130.50 fan[: [hence ' 13. South 39' 55. 131, West 63.89 feet: [hence ' , 14. South 65' 48' 46" Nest 258.71. fact-. [hence 15. South 83' 49' 47" Nest 74.43 fee[; [hence ?' 16, North 46' 06' 06" Nest 147.:10 feet: thence - 17.-South 7' 03' 28" West 211.60 feet; [hence It. South 32' 00' 19" East 94.34 feet: thence ..� ' 19. South 26. 17• 19'• West 185.15 feet: thence ' .20. South 39. 26' 49•' West S1.15 fee[: [hence 21. South 43' 02' 51" Nest 67.24 feet; thence 22. South 35. 39. 19" Wes[ 56.61 fee[: thence , 23. South. 9. 36' 19" Nest 131.85 feet: [hence, . 24: south 33. 52' 15" Nest 175.84 fee[:, thence Si. South 14' 40'.35' Nest '65.12 feet; thence_ .26. South 0' 11' 56" East 114.00 feet-. thence i 27.. South t'.21' 57" Nest 206.19 feet: thence 28. South 24' 32' 45" East 139.62 feet :. thence � 29. South IS' 35. 34" East 133.93 fee[; [hence • 30. South 17. 53' 46" Nest 403.52 feet: Thence - r / • 31. South 29' id' 56" hest 57.31 feet; thence 32. South 49' 32' 16" Nest 134.06. feet; thence ,1 33, South 230 AS' 21" Nest 37.16 feet:. thence 34. South S• 00' 47' Cost 114.44 feet; thence 3S. South 2S' 35' 31" Nest 105,.33 feet; thence .36. South 38' S4' 41" Nest 53.33 feet: thence . 37. South 68. 2i' 20" tics 33.89 feet; thence 38. South 3Z' 06' S3" Nest SS.49 feet. thence l -39.. South 18. 00' IS" Nest. 52.12 feet; thence 40. South 1. 51' 41" Nest 32.88 feet to a point that beers North S4' 13' 20" Nest 138.87 feet from Station ,No.. 76 of the Ordinary High Tide Line as described In ., the final decree entered !n Case No. 2013b Superior�J 'Court of said Orange County, i The side lines of said easement . are to be prolonged or - shortened i sous to terminate In said line bearing North S4' 13' 20" Nest from said Station No. 76• ' PARCEL 2c (Big Canyon) A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the Northerly and Northeasterly line of 'which is described . as follows: Commencing at the Southeasterly corner of Tract No.. S42S. as per map filed to Book 199. pages I and 2. Miscellaneous Maps. records of said County, said corner being In the Northwesterly right of ray,llne of Jamboree Road,: 132.00 feat ride, as described in a deed to the City of Newport Beach, recorded In Book 7964, page 631, Official Records of said Countyt thence z; U ii �J D ii �J [.,',, it t I, 382n 1943 -- ! 1. South 27. 19- 32-- Nest 36.92 feet along line .. ,• .said n z to the TRUE POINT OF BEGINNING: thence leaving - m said line 2. North 61' SO- 44° Kest IOS -16 feet: thence i' S. South 62. 43- 08° Kest 63.17 feet: thence 4. South 60' S4' 20" Kest 217 -20 feet: thence S. South 73' 43' 42'- Kest 241.09 feet: thence ' 6. North 26. 34' 42-' Kest 533 -73 feet: thence ; 7. North 13' 02' S70 Kest 126.48 feet: thence '. 8. North 26. 23. 16^ Kest 318.84 feet-, thence 9. North 4S' 49' OS- Kest 204.61 fcet: thence 10. South 86' 23' SS- Kest 161 -19 feet: thence 11. North i0' S6' S3^ Kest 174.79 .fee t: thence 12. North. 74. 36' 40'- Kest 183.53 feat: thence E 13. North. 3S' 10' 09^ Kest 205.86 feet: thence 14. North 26' SS- 16-- Vast 114.55 feet.- thence, 15. North '2' 05''12^ Nest.OS.72 teat: thence 16- North 32. 3D' 23-- West 168 -89 feet: thence 1)- North 6D' 4'21 33^ Nest 476.62 'to the Northeasterly right of way line of Back Bay Drive, formerly Ina 'Palisades RoaU- as described In a deed to the , - Count y,of Orange., recorded In Book 1037, page 269- ' said Official Records. - .. PARCEL 3c (gig Canyon) 1. A re locatable easement 10.00 feet wide for pedestrian and bicycle cra.il purposes the Southerly. Southwesterly and - CS 0 Wescerly line of which is described as follows: d� v - Coroncing . at the Souchaastarly corner of Tract go. S425, as per map filed In Book 199, pages 1 and 2., , . Miscellaneous Naps. records of said C000ty,.sald corner being In the Northwesterly right of way line of Jamboree- - ..' 51� ' r HI 1382n 1944 ' Road 132.00 feet wide as. described In a deed to the .0 ',City of Newport Beach, recorded to Book 7964, page 631. d '.r Official Records of said County. thenco ." 1. South 27. 19' 32" West 3SS.63 feet along said 'x N t aright of way line to the beginning of a curve n; .y • [hero In concave Northwesterly and having radius of S9SO.00 feet; thence .. - 2.. Southwesterly 403.16 feet along said curve through an angle of 3' S2• S6•• to the TRUE POINT Of 'BEGINNING;. thence leaving said lino non - tangent ' 3.. North 600"03' 44" West 219.IS feet; - thenco ' 4'. North 49. 11' 16" Nest 142.S1 feet; thonce S. North 38. 26' ZS" West 21O.Z1 feet; thence • LI 6. North 31' Z1. 08" West 168.12 feet: thence ; 7. North 46. 13' 08" Nest 212.66 feet; thence Ln .. - `•c S. North 7. 24' 12" rest 139.21 feet: thence . ' 9. North 24. 42' 40" West 68.14 feet; thence 10. North 1. 26" 29•• West 64.11 feet: thence 11.-North 44' S3' 13' West 243 87 feet; thence? • :1 IZ..North 87' SS' 49" West 166 BS feet; thence . - 13. North 71' 12' IS" West 122.38 feet; thence 14. South 8T Ld' 34" West 3SS.4S feet; thonca {,' • 13. South 88' OB' 04•• Vest 226 feet: thence q :4 ' .. N 16. South 62' 48' 16'• West 320.7S feet; thence ' 4 17. North 86. 22' 34" West 120.46 feet: .thence 16. North 69. 52' 46" West 132.64 foot; thence 19. Northb21' Z9' S4" East $1.19 feet: thence. 20. North 13. 36' OS" East IS.S3 feet to the Southeasterly c • 'right of way line of Bock Bay Drive, forrerly • Palisados Road, as described in a dead to the County of Orange, recorded is Book 1037, page 269, sold Official Records. L • I. U A 382?c 1945 The Easterly line of said casement Is to be prolonged Northerly so-as to terminate In the Southeasterly line of said Back Day Drive. PARCEL 4'. (Dover Shores South) A relocstable easement 10.00 fact wide for pedestrian and -bicycle trail purposes over that poition of Lot 2. said Tract No. 1125..the Southeasterly line of which is described as followst Beginning at the Southwesterly corner of Lot D, Tract No. 4224, as per map filed In Book 157, pages I through 14. Miscellaneous Maps, records of said County; thence MortA-Zg• 00' -00" Cast 49:58 feet along the Northwesterly line of said Lot D. The Northwesterly line of said casement Is to be prolonged Southwesterly so as to,teralAato In the Ordinary High Tide Line a s.described in-,the final decree entered In Case No. 20436 Superior Court Hof 'said Orange County. PARCEL S: (Easterly from Irvine Avenue NIO Santa Isabel Avenue) a A rolocatable easement 10.00 feet wide for pedestrian and bicycle trill purposes, the center line of which Is described as follows: %*ginning at a point in the Easterly right of way line of Irvine Avenue, 100.00'feet ride, as described In a dead to'tho City of Newport Beach recorded In book BUZ, page 700$ Official Records of said County, said point being North Ila 32' ZZ- East 11.08 feet along t 0 . S11 . • f; W 1382rc 1946 �= ,aid night of way line from the Southerly terminus of the . course whose center lino is described as North 10' S0' 26" East 199.19 feet in said deed; thence North 73. 10' 16" East 249.16 feet; thence South 57. 45' 17" Cast 151.90 feet to ax ` point that is North 1' 01' 52" Nest 51.13 feet from Station^'• N. No._ 70 of the Ordinary Nigh Tide Line a$ Joscribed in the !:n • final decree entered In Case No. 20436 Superior Court of . said orange County. • The Northeasterly line of said easement shall terminate In e line that bears North 53' 22' 27" East from the Southensterly teralnus of said center line and l /rsterly in said right of i Nay line, and the Southwesterly line of said easement shall , ' terminate In a llne that bears South 360 43' 20" west from i s' ' Vald Southeasterly terminus and Westerly In said right of way line. I PARCEL 6: (Easterly from Irvine Avenue S/0 Santo rsabel Avenue @qay / • for bicycle A relocatable easement 10.00.faet wide pedestrian and trail purposes, the center line of Ghlch is described as follows: . Beginning at �a point In the Easterly right of way line of PP Irvine Avenue.. 100.00 feet wide, as described In a deed to r the City of Newport Beach recorded In Book 9603, page 995. Official Records of said County, said point being on + curve concave Westerly and having a radius of 420.00 feet, the ' center line being Jescrlbed as having a radius of-370.00 - feet and a central angle of 63' 43! 00 ", said point being t ' Northeasterly 449.27 feet along said curve from the Southwesterly teralnus. a radial to said point bears North'69' 22. 09" East; thence from said point of beginning South 97. 50' 13" East 407,40 feet to a point that is North 22° It' SS" Nest i wacd i I ,;p _7 e 1� _e ;P, .'- .7 I OAR t[ 11382fs 94-7 166.19 fact from Station No. 73 of the Ordinary 111gh Tide Line as doscribod in the final decree entered In Casa No. 20436 Superior Court of'said Orange County. The side lines of said easement are to be prolonged or, shortened so as to terminate Masterly in said right of way line and Easterly !n a line bearing South 6' 26' 13" East and passes through the Easterly terminus of said center line. I'A iij PARCEL 7: (Mariners Drive) An casement for pedestrian and bicycle purposes described as follow a: Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 4224, in Book 157. pages I through 14, Miscellaneous Maps, records of said County, being In boundary of said Tract; thence 1. North 6• $1' 31" Cast 30.00 feet along said boundary; thence 2. North 20",08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of SO.00 feet; thence 3. Northwesterly 98.61 feet along said curve through an angle of 101' 32' IV: thence non - tangent 4. South 20' 09' 2911 Cast 122.27 feet to said boundary: thence S. North 69• 51* 31" East 30.00 feet along sold boundary to the point of beginning. . EF" -a i r .E _ 1HE_IRVINE WMRAW 550 Newport Center Drive Newport Beach, California 92663 - Raymond L. Watson President April 21, 1975 Mr. E. C. Fullerton State of California Dept. of Fish and Game Sacramento, California Dear Mr. Fullerton: Please be advised that as a part of the acquisition of a portion of The Irvine Company's .lands in the Upper Newport Bay area pursuant to an agreement dated April 11, 1975, The Irvine -- •Company agrees to indemnify the State of California against, and to hold it harmless from, any liability asserted against it as a land owner which arises out of a liability of The Irvine Company to owners or lessees of bluff top lots in Tract 4224, commonly known as Dover Shores, resulting from events that occurred prior to the date of the acquisition of land adjacent to Tract 4224 by the State of California. Very truly yours, THE IRVINE COMPANY By ��avmc d L. That on, President RLW /s A" e ted and Agreed to this 1 y day of April, 1975 State of California, Department of Fish and Game By G Ditrector siM.li�:e ' I R`. i F f L. . S T A M E R r C Form No. 1084 (10/73) y California Land Title Association Standard COvera" PoOCY Form COpYn9ht 1973 a POLICY OF TITLE INSURANCE ISSUED BY oR- /t63ev9 First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; is 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company By PRESIDENT ATTEST �� Q� � SECRETARY B j i1 ;_ r �J 1 1, DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A. and. subject to any rights or defenses the Com- pany may have hod against the named insured. those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to. heirs. distributees, de, visors. survivors. personal representatives. next of kin. or corporate or fiduciary wocirwors.. The term "inwred" also includes (1) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re, serving. however. all rights and defenses in to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the wocessor's transferor). and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness. or any pert thereof. whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of th nditionsand Stipulations. insured claimant ": an insured claiming lossmage e hereunder. (c) "insured lender ": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule S. the owner of which is named assn in- sured in Schedule A. (e) 'knowledge": actual knowledge. not con- structive knowledge or notice which may be im- puted to an insured by reason of any Public records. (f) "land ": the land described. specifically or by reference in Schedule C. and improvements af- fixed thereto which by law constitute real property; provided, however. the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage. deed of trust. trust deed, or other security instrument. (h) "Public records ": those records which by law impart constructive notice of matters relating to the land. 2.•CONTINUATION OF INSURANCE AFTER ACOUISITION OF TITLE BY INSURED LENDER If this Policy insures the Owner of the indebt- edness secured by the insured mortgage, this Policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure. trustee's sole, conveyance in lieu of foreclosure. or other legal manner which dis- charges the lien of the insured mortgage. and if such insured is a corporation. its transferee of the estate or interest so . acquired. provided the transferee is the parent or wholly Owned subsidiary of such in- sured: and in favor of any governmental agency or instrumentality which . acquires all or any pan of the estate or interest pursuant to a. contract of imp ance or guaranty insuring or guaranteeing the 'in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here, under. exclusive of costs. attorneys' fees and ex. penses which the Company may be obligated to pay. shell not exceed the least of: (i) the amount of insurance stated in Schedule A: (i i) the amount of the unpaid principal of the indebtedness Plus interest thereon. as deter- mined under Paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land: or a CONDITIONS AND STIPULATIONS )iii) the amount paid by any governmental agency or instrumentality. if such agency or instru- mentality is the Insured claimant, in acquisition of such estate or interest In satisfaction of its Inver- once contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy. in favor of an insured su long as such insured retains an estate or Interest in the land. or owns an indebtedness secured by a Pur- chase money mortgage given by a Purchaser from such insured. or so long in such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest: Provided, however. this ,policy shall not continue in force in favor of any purchaser from such insured of either said estate Or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company.. at its own cost and without undue delay. shall Provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien, encqm- bronce or other matter insured against by this policy. lb) The insured shall notify the Company promptly in writing li) in case of any litigation in set forth in (a) above. (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, . as insured. and which might cause loss or damage for which the Company may be liable by:virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage: as insured. Is rejected a unmarketable. If such Prompt notice shall not be given to the Company. then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required: provided. however, that failure to notify shall in no can Prejudice the rights of any such insured under this Policy unless the Company shall be Prejudiced by such failure and then only to the extent of such Prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay Prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter. est or the lien of the insured mortgage, as insured: and the Company may take any appropriate action.. whether or not it shall be liable under the terms of this policy. and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy. the Company may Pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole diwre- tion. to appeal from any adverse judgment or order. (e) in all cams where this Policy permits or re, quire the Company to Prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding. and all appeals therein.. and permit the Company to use. at its option. the name of such insured for such Purpose. Whenever re, quested by the Company. such insured shall give the Company. at the Company's expense. all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence. obtaining . witnesses, or prosecuting or defending .wch action or proceeding. and (2.) in any other act which in the opinion of the Company may, be necessary, or desirable to establish the title tag the estate or interest Or the lien of the insured mortgage, as in- sured. including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Pare, graph 3 (b) of these Conditions and Stipulations. a proof of signed shall be furnished morn o the insured Com- pony within 90 days after the insured claimant shall ascertain or determine the facts gMng rise to such loss or damage. Such Proof of loss or damage shall .describe the defect in. or lien or encumbrance on the title. or other matter insured against by this policy which constitutes the basis of loss or dam, age. and, when appropriate. state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder. insured claimant, at the written request of Company. shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such Proof of Ion Or damage shall have been furnished. Failure to furnish such proof of lost or damage shall terminate any liability of the Company under this Policy a to such loss or damage. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- OEBTEONESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against. or to termi- nate all liability and obligations of the Company hereunder by Paying or tendering payment of the amount of insurance under this policy together with any costs. attorneys fees and expenses in- curred up W the time of such payment or tender of Payment by the insured claimant and authorized by the Company. In case Ions or damage is claimed under this Policy by the Owner of the indebtedness secured by the insured mortgage. the Company shall have the further option to purchase such indebted new for the amount Owing thereon together with all costs. attorneys fees and expenses which the Company is obligated hereunder to Pay. if the Company offers to purchase said indebtedness as herein provided. the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being mode by the Company. all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage. other than the obligation to Purchase said indebtedness pursuant to this Paragraph. are terminated. S. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insu red claimant: or (ii) the amount of insurance stated in Schedule A. or, if applicable. the amount of in- surance w defined in paragraph 2 (a) hereof: or (III) if this policy insures the owner of the indebtedness secured by the insured mortgage, and Provided said Owner is the insured claimant. the amount of the unpaid principal of mid indebted ness. plus interest thereon:. provided such amount shall not include any additional Principal indebted new created subsequent to Date of Policy, except in to amounts advanced to protect the lien of the insured mortgage arid secured. thereby. (b) The Company will pay. in addition to any lose insured against by this policy, all costa irrr Posed YPOn on 'Insured in litl�tion So Vied on by (Continued on inside back cover) hurm:Nu. 1044 - A L1 IA Mandard Cwu,94 Vn IICY CopyrI9M — 1977. SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 518.00 Amount of Insurance: $ 25 r000.00 Policy No. OR- 1163848 Date of Policy: April 22, 1975 at 8:00 A. M. t. Name of insured: THE STATE OF CALIFORNIA, by Deed recorded April 22, 1975 in book 11382, page 1893 of Official Records. 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIA, by Dead recorded April 22, 1975 in book 11382, page 1893 of Official Records. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form No. 1 ^64— 8 CLTA Standard Covaraga Policy COPyrleht — 1973 OR- 1163848 SCHEDULE 8 Page 3 This policy does not insure against loss or damage, nor againstcosts, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing lions by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred.to in Schedule C, or in abutting streets, roads; avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. B. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage end not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: Sea attached following pages for Part Two, OR- 1163848 Page 4 1. The Reservation affecting a portion of said land of public rights and easements incorporated by law in the patent from the State of California, recorded July 19, 1907 in book 1, page 245 of Patents, Orange County, California, including the rights as to commerce navigation and fishery. 2. Any Claim or defect in or failure of title to that portion of said land lying within the exterior boundary of said Tideland Patent above shown, based upon the claim that some portion of said land was not actually tideland on September 9, 1850 and on the date of said Patent. 3. The Trusts and conditions and the rights reserved to the State of California and the people thereof as contained in "An Act granting certain tidelands and submerged lands of the State of California to the County of Orange in said state upon certain trusts and conditions" approved MaX 25, 1919 (statutes of 1919, page 1138, Chapter 526) and as • amended by An Act to amend Section 1 of an Act entitled 'An Act granting certain tidelands and submerged lands of the State of California to the County of Orange in said state upon certain trusts and conditions' approved May 25, 1919 relating to the granting of franchise upon and leases of the tidelands therein granted to the County of Orange" approved May 29, 1969 (statutes of 1929, page 974, Chapter 575). The Title granted to the County of Orange by the said statutes is subject to the decree rendered May 6, 1926 in the Superior Court of the State of California in and for Orange County in an action entitled Orange County, plaintiff vs The Irvine Company, a corporation, Case No. 20436, establishing boundary lines of certain tide and submerged lands therein described, a certified copy of which decree was recorded May 6, 1926 in book 651, page 72 of Deeds. 4. Rights of the United States of Aierica, bayward of the boundary line established by decree rendered May 6, 1926 in the Superior Court of . the State of California in and for Orange County in an action entitled Orange County, plaintiff vs. The Irvine Company, a corporation, Case No. 20436, a certified copy of which decree was recorded May 6, 1926 in book 651, page 72 of Deeds of Orange County, such rights being by virtue of the Federal Navigational Servitude based upon the Commerce Clause of the Constitution of said Country. 5. An Easement for public highway and incidents thereto as described in the deed from The Irvine Company to the County of Orange recorded April 9, 194U in book 1037, page 269 of Official Records, any and all rights of The Irvine Company have passed to and are now vested in The State of California. By Resolution No. 5959, of the City Council of the City of Newport Beach had April L7, 1944, a certified copy of which was recorded May 5, 1964 in book 7032, page 315 of Official Records, said Back Bay Drive was vacated and abandoned as to that portion of Back Bay Drive (formerly Palisades Road, 40 feet wide) as described in a deed recorded in book 1037, page 269 of Official Records, records of Orange County, lying OR- 1163848 Page 5 Northerly and 'Easterly of and adjoining a radial line through the North- easterly terminus of that certain curve in the centerline of said Back Bay Drive described as concave Northerly having a radius of 240 feet, an angle of 27° 20' 30" and a length of 114.j3 feet, said curve being designated in said deed as Course 108, said radial line bears South 15' 23' 30" East to said Easterly terminus; and lying Southerly and Westerly of and adjoining the Westerly right of way line of Jamboree Road, 100 feet wide, as described in a deed recorded in book 4110, page 10 of Official Records, records of said County. Except that portion thereof described in the deed to the City of Newport Beach recorded January 28, 1964 in book 6901, page 207 of Official Records of said County. The easement for street and highway purposes granted by The Irvine • Company to the City of Newport Beach, in deed recorded January 28, 1964 in book 6901, page 207 of Official Records is described as: Parcel 1 A strip of land 60 feet in width in Block 51 of Irvine's Subdivision as per map recorded in Book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said county, lying 30 feet on each side of the following described centerline: Beginning at a point in the centerline of Back Bay Drive (formerly Palisades Road) 40 feet wide, as described in a deed recorded in book 1037, page 269 of Official Records, said point being the most Northeasterly terminus of that certain course described as a curve concave Northerly having a radius of 240 feet, a radial line to said point bears North 13' 35' S4" West, said point being the beginning of a reverse curve concave • Southwesterly having a radius of 450 feet; thence Southeasterly 544.75 feet along said curve through an angle of 69' 21' 37" to a point herein- after referred to as Point "A" in the Northwesterly line of Tract No. 5018, as per map recorded in book 186, pages 26 to 30 inclusive of Miscellaneous Maps, said Northwesterly line being a curve concave South- easterly having a radius of 800 feet. Parcel 2 A strip of land 42 feet in width in Blocks 51 and 57 of Irvine's Sub- division as per map recorded in book 1, page 88 of Miscellaneous Record Maps in the office of the County Recorder of said county, lying North- westerly of and contiguous to the following described line: Commencing at Point "A" as described in Parcel 1 herein in the North- westerly line of Tract No. 5018, as per map recorded in book 186, pages 26 to 30 inclusive of Miscellaneous Maps; thence Southwesterly 38.81 feet along said Northwesterly line, being also a curve concave South- westerly having a radius of 800 feat, through an angle of 2' 46' 47" to the true point of beginning; thence along said Northwesterly line over OR- 1163848 Page 6 the following curves and courses: Northeasterly 168.57 feet along said curve through an angle of 12° 04' 22 "; thence tangent North 740 15' 22" East 98.02 feet to the beginning of a curve concave Northwesterly having a radius of 800 feet; thence Northeasterly 504.95 feet along said curve through an angle of 36° 09' 52 "; thence tangent North 38° 05' 30" East 156.00 feet to the beginning of a curve concave Southeasterly having a radius of 800 feet; thence Northeasterly 631.58 feet along said curve through an angle of 45° 14' 00" to the most Northerly corner of said tract. Except that portion lying within the right of way of Jamboree Road, 100' wide, as described in a deed recorded in book 4110, page 10 of Official Records. • By Resolution No. 7661, dated April IU, 1972 of the City Council of the City of Newport Beach, a certified copy of which was recorded April 19, 1971 in book 1UU89, page 443 of Official Records, a portion of Back Bay Drive Northwesterly of Eastbluff Drive was vacated and abandoned as to that portion of that certain strip of land 60.00 feet in width, described in Parcel 1 of the Road Easement to the City of Newport Beach, recorded January 28, 1964 in book 6901, page 207 of Official Records, lying outside of that certain land described in the Great of Easement to the City of Newport Beach recorded February 14, 1972 in book 10000, page 891 of Official Records. 6. A Perpetual Avigation Easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company by deed recorded March 17, 1964 is Book 6965, page 721 of Official Records under the terms and conditions as set forth in said deed. 7. The Dedication of Back Bay Drive to the City of Newport Beach, as indorsed on the map of said Tract No. 5435 and Tract No. 5878. 8. The Dedication to the City of Newport Beach of the domestic water distribution system and appurtenances and the sewer collection system and appurtenances, located in said streets and easements, as indorsed on the map of said Tract No. 5878. (This affects Lots 89, 90, 91 and all streets.) 9. The Dedication to the City of Newport Beach of all vehicular access rights to Back Bay Drive from Lot No. 91, as indorsed on the map of said Tract No. 5878. 10. Easements 15 feet wide for storm drain purposes over a portion of Parcel 5 to conduct storm water across Back Bay Drive from Tract No. 7Ub2, Tract No. 7166 and Tract No. 7167 as described in and shown on a Map attached to the deed from The Irvine Company to the City of Newport Beach recorded October 20, 1971 in Book 9855, page 357 of Official Records. OR- 1163848 Page 7 11. An Easement over Parcel 6 for street and highway and incidental purposes as conveyed to the City of Newport Beach by deed recorded February 14, 1972 in Book 10000, page 891 of Official Records. 12. An Easement over a portion of Parcel 1 for street and highway and incidental purposes (San Joaquin Hills Road) as conveyed to the City of Newport Beach by deed recorded January 26, 1973 in Book 10531, page 476 of Official Records. 13. An Easement over a portion of Parcel 6 for sewer and incidental purposes as conveyed to the City of Newport Beach by deed recorded July 17, 1974 in Book 11197, page 1927 of Official Records. 14. An Easement for underground telephone, telegraph and communication structures and all incidents thereto over the herein described land sear • the Northwest corner of Lot 127 of said Tract No. 5435, as described in Parcel No. 1 in the dead from The Irvine Company to The Pacific Telephone and Telegraph Company, recorded April 3, 1975 in book 11370, page 1460 of Official Records. 15. The Conditions subsequent contained in the deed from The Irvine Company to the State of California, recorded April 22, 1975 in book 11382, page 1893 of Official Records, that Parcel 2 herein described shall at all times be used for a public highway without limitation on abutters rights of access appurtenant to adjacent property over and across the Easterly, Southeasterly and Southerly lines of said Parcel 2. • OR- 1163848 LJH :sh Page 8 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of Newport Beach and is described as follows: All those portions of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in book 1037, page 269 of Official Records of said County, together with those portions of Tract No. 5435, as shown on a map recorded in book 200, pages 17 through 21, and Tract No. 5878, as shown on a map recorded in book 229, pages 35 through 40, both Miscellaneous Maps, records of said County, and that portion as described in a deed to the City of Newport Beach, recorded in book 10000, page 891, said Official Records, described as follows: Parcel 1 That portion of said Back Bay Drive bounded on the South by the'Southerly terminus of that certain curve described in said deed recorded in book 1037, page 269 of Official Records, as being concave Easterly, having a radius of 200.00 feet, a central angle of 380 30' 40" and a length of 134.43 feet, and on the North by the Westerly prolongation of a line that is concentric with.and 50.00 feet Southerly of that certain 50.00 foot strip of land described in a deed to the City of Newport Beach recorded in book 10531, page 476, said Official Records. Parcel 2: • That portion of said Back Bay Drive bounded on the South by the Westerly prolongation of a line that is concentric with and 50.00 feet Southerly of that certain 50.00 foot strip of land described in a deed to the City of Newport Beach, recorded in book 10531, page 476, said Official Records, and on the North by the Southeasterly terminus of that certain course described in said deed recorded in book 1037, page 269 of Official Recorde as "N. 42° 42' 10" W., along said tangent line, 241.47 feet ". Parcel 3: That portion of the Westerly, Northwesterly and Northerly 20.00 feet of said Back Bay Drive bounded on the South by the Southeasterly terminus of that certain course described in said deed recorded in book 10371 page 269 of Official Records, as "N. 420 42' 10" W., along said tangent line, 241.47 fact ", and on the Northeast by the Easterly terminus of that certain course described in said deed recorded in book 1037, page 269 of Official Records, as. "N..83° 00' 50" E., along said tangent line, 78,48 feet ". 4� l OR- 1163848 Page 9 Parcel 4: Those 30.00 foot strips of land designated as Back Bay Drive on the maps of said Tract Nos. 5435 and 5878. Parcel 5: That portion of said Back Bay Drive bounded on the Southwest by the Easterly terminus of that certain course described in said deed recorded in book 1037, page 269 of Official Records as "N. 830 00' 50" E., along said tangent line, 78.48 feet; and on the East by the Westerly line of Parcel 2 as described in a deed to the City of Newport Beach recorded in • book 10000, page 891, said Official Records; Excepting that portion lying within Tract No. 5878, as shown on a map filed in book 229, pages 35 through 40, Miscellaneous Maps, records of said County. Parcel 6: Parcels 2, 3 and 4 as described in a deed to the City of Newport Beach recorded in book 10000, page 891, said Official Records. Parcels 1 to 6 inclusive also include all land underlying Back Bay Drive as it physically exists on April 16, 1975 to the extent that such land lies Easterly of Parcels 1 to 6 inclusive, hereinabove described. As to Parcel 1, 3, 4, 5 and 6, said Parcels also include all abutters rights of access to said Back Bay Drive from lands abutting the Easterly, Southeasterly and Southerly lines of said Parcels. Excepting from all of the land hereinabove described as Parcels 1 to 6 inclusive, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights and other hydrocarbons by whatsoever name known that may be within or under said land, without, however, any right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the hereinabove described land, as reserved in the deed from The Irvine Company, recorded April 22, 1975 in book 11382, page 1893 of Official Records. 4. • lit r, i IW t3 c n� AO 'd Vi a s 'VA, A O J •H. ; Y 1 .l � VM a � � n 0 ry 1 O �O 0 It on god t. DEFINITION OF TERMS The following terms when used In this policy mean: (a) "insured ": the Insured named in Schedule A. and, subject to any rights or defenses the Com- pany may have had against the named insured. those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to. helm. distributions, de- views. survivors, personal representatives, next of kin. or corporate or fiduciary stimeeors, The term "insured" also includes 0) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re, serving. however. all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (al that the .Company would have had against the successors transferorl. and further includes III) any governmental agency or instrumentality which is an insurer or guarantor .under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof. whether named as an insured herein or not, and (iii) the parties designated in .paragraph 2 (a) of these itions and Stipulations. ( nsured claimant': an insured claiming - lop mage hereunder. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B. the owner of which is named in an in sured in Schedule A. (a) "knowledge ": actual knowledge, not con struc[ive knowledge or notice which may be im- puted to an insuredbyreason of any public records. If) "lend ": the land described. specifically or by reference in Schedule C. and improvements af- fixed thereto which by law constitute real property: provided. however, the term "land" does not lo- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage': mortgage. deed of trust, trust deed, or other security instrument. (h) "public records ": those records which by law impart constructive notice of matters relating to the land. 2. •CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSUREO LENDER If this policy insures the owner of the indebt -. ednsw secured by the insured mortgage. this policy shall continue in force a of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure. trustee's wale. conveyance in lieu of foreclosure. or other legal manner which dis- charges the lien of the insured mortgage. and if such insured is a corporation, its transferee of the estate or interest so acquired. provided the transferee is the parent or wholly owned subsidiary of such in sured: and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under. exclusive of costs. attorneys feu and ex- panses which the Company may be obligated to pay shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness plus interest thereon.. as deter- mined under paragraph 6 (a) (iii) hereof. expenses of foreclosure and amounts .advanced to protect the lien of the insured mortgage and secured by mid insured mortgage at the time of acquisition of such estate or interest in the land: or CONDITIONS AND STIPULATIONS (111) the amount paid by any governmental agency or instrumentality. If such agency or instru- mentality is the insured claimant. in acquisition of such estate or MtwM In witisfactbn of its incur once contract or guaranty. Ib) CONTINUATION OF INSURANCE AFTER CONV.YANCE DF TITLE The coverage of this policy shall continue in force as of Date of Policy. in favor of an insured so long . as such insured retains an estate or interest in the land. or owns an indebtedness secured by a pur- chase money mortgage . given by a purchaser from such insured. or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest:. provided. however.. this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE ANO PROSECUTION OF ACTIONS —NOTICE DF CLAIM TO BE GIVEN BY AN INSUREO CLAIMANT (a) The Company. at its own cost and without undue delay. shell provide for the defense of an insured in .litigation to the extent that such lily getion involves an alleged defect, lien. encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing lil in case of any litigation as set forth in (a) above. (ii) in case knowledge: shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the .lien of the insured mortgage. e insured, and which might cause low or damage for which the Company may be liable by virtue of this policy, or 1 iii) if title to the mate or interest or the lien of the insured mortgage, as Insured. Is rejected e unmarketable. If such prompt notice shall not be given to the Company. then as to such insured all liability of the Company shall came and termi- nate in regard to the matter or matters for which such prompt notice is required: provided, however. that failure to notify shall in no case prejudice the rights of any such insured under this policy union the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage. as insured: and the Company may take any appropriate action. whether or not it shall be liable under the terms of this policy. and shall not thereby concede liability or waive any provision of this policy. (dl Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole discs tion, to appeal from any adverse judgment or order. (a) In all ,rtes where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the in sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding. and all appeals therein, and permit the Company to use. at its option. the name of such insured for such purpose.. Whenever re- quested by the Company. such insured shall give the Company. at the Company's expense, all reason able aid (t) in any such action or proceeding in affecting settlement, securing evidence. obtaining witnesses, or prosecuting or defending such action or proceeding, and (21 in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest or the lien of the Insured mortgage. in in cured, including but not limited to executing: con rective or other documents. b. PROOF OF LOW OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Pare- graph 3 (b) of these Conditions and Stipulations.a proof of Ion or damage. signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such ices or damage. Such proof of low or damage shall describe the defect in. or lien or encumbrance on the title. or other matter insured against by this policy which constitutes the basis of low or dam. op. and. when appropriate. state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder. insured claimant, at the written request of Company. shall furnish such additional information in may reasonably be .necessary to make such determination. No right of action shall accrue to insured claimant until 30 hays after such proof of low or damage shall have been furnished. Failure to furnish such proof of low or damage shall terminate any liability of the Company under this policy as to such ion or damage. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ANO OPTIONS TO PURCHASE IN- OEBTEONESS. . The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against. or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs. attorneys fees and expanses in curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case Ion or damage is claimed under this policy by the Owner of the indebtedness secured by the insured mortgage. the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expense which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shell transfer and assign said indebtedness and the mortgage and any collateral securing the some to the Company upon payment therefor n herein Provided. Upon such offer being made by the Company. all liability and obligations of the Com- pony hereunder to the owner of the indebtedness secured by said insured mortgage. other than the obligation to purchase said indebtedness pursuant to this paragraph. are terminated. S. DETERMINATION ANO PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (il the actual low of the insured claimant: or (ii) the amount of insurance stated in Schedule A. or. if applicable. the amount of in surence as defined in paragraph 2 (a) hereof: or (iiij If this policy insures the owner of the indebtedness secured by the insured mortgage, and Provided said owner is the insured claimant, the amount of the unpaid Principal of mid indebted - new. plus interest thereon. provided such amount shall not include any additional principal indebted- new created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay. in addition to any Ion insured against by this policy. all costs Im- posed.Ypon an insured in lit!W on Srled on by (Continued on inside back cover) POLICY OF TITLE' INSURANCE ISSUED BY 7 -1 a -7.i o!2 -/I 6.S?.f-O cl? /C. ,.k - ij First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy •shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being • shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 6Y D PRESIDENT ATTEST. SECRETARY B � 4 - If Form No. 1084(10/73) Q C California Land Title Association Standard. Coverage Policy Form Cooyrlght 1973 ,:.%,v�'v.~✓"t' „�, �' POLICY OF TITLE' INSURANCE ISSUED BY 7 -1 a -7.i o!2 -/I 6.S?.f-O cl? /C. ,.k - ij First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy •shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being • shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 6Y D PRESIDENT ATTEST. SECRETARY B � 4 - If • Form No. 1064 — A CLTA Stwdard Cowra" Policy COOYrIght — 1973 SCHEDULE A. Total Fee for Title Search, Examination and Title Insurance $ 9,641.00 Amount of Insurance: $ 3,481,000.00 Policy No. OR- 1165350 Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: THE STATE OF CALIFORNIA. 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIA, by deed recorded April 22, 1975 in Book 11382, page 1876 of Official Records. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 u Farm No. 1084 — A CLTA standard Co MW PoIICY CopvrlWt 1973 SCHEDULE A. Total Fee for Title Search, Examination and Title Insurance $ 99641.00 Amountof Insurance: $ 3a481a000.00 Policy No. OR- 1165350 Date of Policy: April 220 1975 at 8:00 A. M. 1. Name of Insured: THE STATE OF CALIFORNIA. 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIAa by deed recorded April 22a 1975 in Book 11382a page 1876 of Official Records. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form no. 1 094 — 6 CLTA Standard Coverage PoIICY Copyright — 1973 OR- 1165350 SCHEDULE B Page 3 This policy does not insure against loss or damage, nor against costs, attorneys fees or expenses, any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred, to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of'the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. • 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See attached following pages for Part Two. OR- 1165350 Page 4 1. The Reservation affecting Parcel 8 of public rights and easements incorporated by law in the patent from the State of California, recorded July 19, 1907 in Book 1, page 245 of Patents, Orange County, California, including the rights as to commerce navigation and fishery. 2. Any Claim or defect in or failure of title to that portion of Parcel 8 lying within the exterior boundary of said Tideland Patent above shown, based upon the claim that some portion of said land was not actually tideland on September 9, 1850 and on the date of said Patent. 3. The Rights and trusts reserved to the State of California and the people thereof as contained in "An Act granting certain tidelands and submerged lands of the State of California to the County of Orange in said state upon certain trusts and conditions" approved May 25, 1919 (statutes of 1919, page 1138, Chapter 526) and as amended by "An Act to • amend Section 1 of an Act entitled 'An Act granting certain tidelands and submerged lands of the State of California to the County of Orange approved May 25, 1919 relating to the granting of franchise upon and leases of the tidelands approved May 29, 1929 (statutes of 1929, page 974, Chapter 575) affecting Parcels 1 and 8. 4. Rights of the United States of America affecting Parcels 1 and 8 by virtue of the federal navigational servitude based upon the commerce clause of the constitution of said country. 5. A Right of Way affecting the most Northwesterly portion of Parcel 7 for a drainage ditch and all incidental purposes in connection with flood control and the conduct of drainage and flood waters to mean high tide line of Newport Bay as established by Superior Court Case No. 20436 on May 6, 1926 as described in deed to Delhi Drainage District recorded March 12, 1929 in book 246, page 495 of Official Records; as contained in an agreement by and between The Irvine Company, Delhi Drainage District • and Orange County Flood Control District recorded February 21, 1949 in book 1804, page 432 of Official Records and as described in the deed to Orange County Flood Control District recorded November 8, 1961 in book 5906, page 516 of Official Records. 6. A Non - exclusive easement along the most Westerly line of Parcel 7 for flood control and incidental purposes over a strip of land 70 feet wide to the line of mean high tide as established by Orange County Superior Court Case Number 20436 on May 6, 1926, described as the Santa Isabel Channel in a deed to Orange County Flood Control District recorded August 21, 1973 in book 10863, page 59 of Official Records. 7. Non - exclusive easements over the Westerly line of Parcel 7 adjacent to Tract No. 4224 as shown on a Map recorded in book 157, page 1 and following of Miscellaneous Maps, Orange County, for underground drainage pipe line and incidental purposes to the Westerly line of Newport Bay as shown on said map with the right to relocate such easements all as described in deeds to the City of Newport Beach recorded September 18, OR- 1165350 Page 5 1962 respectively in Book 6253, pages 249, 257 and 261 of Official Records. 8. A Perpetual Avigation Easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company by deed recorded March 17, 1964 in book 6965, page 721 of Official Records under the terms and conditions as set forth in said deed. 9. Easements 15 feet wide for storm drain purposes along the East side of Parcel 7 to conduct storm water across Back Bay Drive from Tract No. 7166 and Tract No. 7167 as described in and shown on a map attached to the deed from The Irvine Company to the City of Newport Beach recorded October 20, 1971 in book 9855, page 357 of Official Records. • 10. An unrecorded lease covering approximately 1 acre at the most Southerly point of Parcel 2 dated May 1, 1959 by and between The Irvine Company, a corporation, as lessor and Shellmaker, Inc., a corporation, as lessee for the term and upon the terms and conditions as in said lease provided and in any extension or renewal thereof as disclosed to this Company in writing. 11. An unrecorded agreement covering property at the most Southerly point of Parcel 2 dated August 30,1965, by and between The Irvine Company, a corporation and Shellmaker, Inc., a corporation, as grantors and The Regents of The University of California, as receipient for a license to enter upon said lands in connection with the rowing program of the University for the term and upon the terms and conditions as in said agreement provided and as contained in any extension, modification or renewal thereof as disclosed to this Company in writing. • 12. An Easement along the East and .West lines of Parcel 1 for both overhead or underground telephone, telegraph and communication structures and incidental purposes in connection therewith, as described in the deed to the Pacific Telephone and Telegraph Company, recorded April 3, 1975 in Book 11370, page 1460 of Official Records. OR- 1165350 Page 6 SCHEDULE C The land referred to in this policy situated in the State of California, County of Orange, partly in the City of Newport Beach and described in the following parcel descriptions as follows: PARCEL 1: All those lands in Township 6 South, Range 10 West, San Bernardino Meridian, within the following described boundary: Beginning at the Northeast corner of Lot 12, Tract No. 4224, as shown on a Map recorded in hook 157, pages 1 through 14, Miscellaneous Maps, • records of said Orange County; thence along the boundary of said Tract the following described courses:. 1. South 36° 37' 10" East 118.99 feet; 2. South 210 22' 02" East 266.44 feet; 3. South 13° 05' 01" East 103.13 feet; 4. South 4° 18' 23" East 214.74 feet; 5. South 40 38' 29" East 190.28 feet; 6. South 200 22' 24" East 193.47 feet; 7. South 3° 05' 03" West 88.53 feet; 8. South 23° 28' 09" West 87.23 feet; 9. South 33° 22' 06" West 272.21 feet; 10. South 26° 11' 31" West 242.29 feet; 11. South 24° 24' 07" West 160.08 feet; 12. South 22° 36' 56" West 160.31 feet; 13. South 29° 28' 14" West 307.32 feet; 14. South 10° 19' 39" West 116.92 feet; 15. South 0° 11' 19" East 81.39 feet; 16. South 11° 31' 25" East 80.01 feet; OR- 1165350 'Page 7 31. South 44° 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33. South 34° 18' 41" West 162.79 feet; 34. South 11° 26' 49" East 90.42 feet; 35. South 52° 53' 55" East 218.43 feet; 36. South 28° 06' 02" East 252.56 feet; 37. South 200 31' 44" East 59.20 feet; 38. South 240 30' 02" East 299.33 feet; 17. South 21° 04' 53" East 162.61 feet; 18. South 12° 00' 06" East 80.02 feet to the Southeast corner Lot 45,, said Tract No. 4224; thence leaving said boundary; 19. North 77° 33' 39" East 84.52 feet; thence 20. South 460 35' 28" East 50.93 feet; thence 21. South 77° 44' 07" East 23.54 feet; thence 22. North 840 48' 20" East 55.23 feet; thence 23. South 470 24' 48" East 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said • Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 20° 08' 29" East 208.14 feet along said line to said North- westerly corner; thence along the boundary of said Tract No. 4224 the following described courses: 25. North 690 51' 31" East 130.00 feet; 26. South 180 07' 35" East 156.92 feet; 27. South 70 33' 23" West 122.82 feet; 28. South 38° 25' 04" West 137.05 feet; 29. South 56° 24' 35" West 99.89 feet; • 30. South 540 05' 35" West 127.86 feet; 31. South 44° 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33. South 34° 18' 41" West 162.79 feet; 34. South 11° 26' 49" East 90.42 feet; 35. South 52° 53' 55" East 218.43 feet; 36. South 28° 06' 02" East 252.56 feet; 37. South 200 31' 44" East 59.20 feet; 38. South 240 30' 02" East 299.33 feet; OR- 1165350 Page 8 39. South 330 05' 39" East 204.70 feet; 40. South 18° 18' 25" West 213.42 feet; 41. South 9° 51' 31" West 235.00 feet; 42. South 69° 21' 51" West 209.71 feet to the Southwesterly corner of Lot 80, said Tract No. 4224; thence leaving said boundary; 43. South 17° 08' 25" West 106.94 feet; thence 44. South 50° 25' 57" West 252.09 feet; thence 45. South 41° 32' 54" West 446.29 feet; thence i46. South 310 18' 49" West 140.46 feet; thence 47. South 9° 30' 24" West 211.91 feet; thence 48. South 00 40' 50" West 393.71 feet to Station No. 110 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of the State of California in and for Orange County, a certified copy of which decree was recorded May 6, 1926 in Book 651, page 72 of Deeds, records of said Orange County, said Station being an angle point in the boundary of said Tract No. 4224; thence 49. South 10 53' 04" East 122.43 feet along said Ordinary High Tide Line and boundary to Station No. 111 of said Ordinary High Tide Line; thence leaving said Line and boundary • 50. East 100.00 feet; thence 51. South 7° 43' 45" West 798.21 feet; thence 52. South 424.00 feet; thence 53. East 563.00 feet; thence 54. North 260 19' 40" East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640, page 298, said Official Records, said point being South 82° 17' 23" West 100.00 feet along said line from Station No. 25 of said Ordinary High Tide line; thence 55. North 820 17' 23" East 100.00 feet along said line to said Station; thence 56. South 240 13' 27" East 39.30 feet along said Ordinary High Tide Line to the Northwesterly terminus of that certain 80.00 foot strip I OR- 1165350 Page 9 of land described in a deed to the County of Orange for Back Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 660 17' 51" East 6.35 feet along said Northwesterly terminus to a point on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269 of said Official Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 660 17' 51" West; thence along said right of way line the following described courses: 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40 "• 0 59. North 14° 48' 31" East 93.81 feet; 60. Northeasterly 157.19 feet along a 320.00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40 "; 61. North 42° 57' 11" East 123.69 feet; 62. Northeasterly 64.82 feet along a 220.00 foot radius curve that is concave Southeasterly through an angle of 16° 52' 50 "; 63. North 59° 50' 01" East 82.93 feet; 64. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 379 45' 20; 65. North 22° 04' 41" East 8.49 feet; • 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave Southeasterly through an angle 57° 55' 48!'; 67. North 80° 00' 29" East 97.75 feet; 68. Easterly 174.88 feet along a 1980.00 foot radius curve that is concave Northerly through an angle of 5° 03' 3811; 69. North 74° 56' 51" East 116.34 feet; 70. Northeasterly 119.54 feet along a 330.00 foot radius curve that is concave Northwesterly through an angle of 20° 45' 20 "; 71. North 54° 11' 31" East 28.69 feet; 72. Northeasterly 92.50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 23° 02' 30 "; 0 OR- 1165350 Page 10 73. North 310 091 01" East 37.97 feet; 74. Northeasterly 124.65 feet along,.a 620.00 foot radius curve that is concave Southeasterly through ary angle of 110 31' 10 "; 75. North 420 40' 11" East 19.36 feet; 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that is concave Northwesterly through an angle of 130 15' 20 "; 77. North 290 24' 51" East 110.51 feet; 78. Northeasterly 180.55 feet along a 230.00 foot radius curve that is concave Southeasterly through an angle of 44° 58' 40 "; 79. North 740 23' 31" East 71.57 feet; • 80. Northeasterly 131.85 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 410 58' 10 "; 81. North 320 25' 21" East 98.40 feet; 82. Northeasterly 139.72 feet along a 580.00 foot radius curve that is concave Northwesterly through an angle of 130 48' 10 "; 83. North 180 37' 11" East 191.57 feet; 84. Northerly 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 16° 05' 20 "; 85. North 2° 31' 51" East 112.97 feet; • $6. Northerly 171.90 feet along a 480.00 foot radius curve that is I concave Westerly through an angle of 20° 31' 10 "; 87. North 17° 59' 19" West 105.85 feet; 88. Northwesterly 219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21° 40' 40 "; 89. North 39° 39' 59" West 30.54 feet; 90. Northwesterly 209.18 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 20° 39' 50 "; 91. North 60° 19' 49" West 256.75 feet; 92. Northwesterly 166.34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 450 23' 00 "; OR- 1165350 Page 11 93. North 140 56' 49" West 2.29 feet; 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of 840 53' 40 "; 95. North 690 56' 51" East 84.37 feet; 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 560 22' 00 "; 97. North 130 34' 51" East 926.31 feet; 98. Northerly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 550 23' 00 "; 99. North 41° 48' 09" West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 250 52' 00 "; 101. North 150 56' 09" West 54.89 feet; 102. Northwesterly 165.17 feet along a 580.00 foot concave Southwesterly through an angle of 16° 103. North 320 15' 09" West 39.22 feet; 104. Northwesterly 93.71 feet along a 480.00 foot concave Southwesterly through an angle of 110 radius curve that is 19' 00"; radius curve that is 11' 10"; 105. North 43° 26' 19" West 193.40 feet; • 106. Northerly 362.21 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 56° 05' 20 "; 107. North 12° 39' 01" East 252.19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve that is concave Westerly through an angle of 9" 25' 40 "; 109. North 3° 13' 21" East 14.17 feet; 110. Northerly 293.38 feet along a 1820.00 foot radius curve that is concave Easterly through an angle of 9° 14' 10 "; 111. North 12° 27' 31" East 27.16 feet; 112. Northerly 236.73 feet along a 1180.00 foot radius curve that is concave Westerly through an angle of 110 29' 40 "; OR- 1165350 Page 12 113. North 0° 57' 51" East 82.33 feet; 114. Northerly 194.78 feet along a 620.00 foot radius curve that is concave Easterly through an angle of 18° 00' 00 01 ; 115. North 18° 57' 51" East 20.34 feet; 116. Northeasterly 170.04 feet along a 150.00 foot radius curve that is concave Southeasterly through an angle of 64° 57'00 "; 117. North 83° 54' 51" East 78.48 feet; 118. Northeasterly 127.39 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 40° 33' 00 "; 119. North 430 21' 51" East 57.99 feet; • 120. Northeasterly 184.74 feet along a 1520.00 foot radius curve that is concave Southeasterly through an angle of 6° 57' 50 "; 121. North 50° 19' 41" East 31.50 feet; 122. Northeasterly 218.92 feet along a 1480.00 foot radius curve that is concave Northwesterly through an angle of 8° 28' 30 "; 123. North 41° 51' 11" East 44.65 feet; 124. Northeasterly 194.36 feet along a 1220.00 foot radius curve that is concave Southeasterly through an angle of 9° 07' 40 "; 125. North 50° 58' 51" East 66.39 feet 126. Northeasterly 300.05 feet along a 1780.00 foot radius curve that is concave Northwesterly through an angle of 9° 39' 30 "; 127. North 410 19' 21" East 33.58 feet; 128. Northeasterly 154.36 feet along a 380.00 foot radius curve that is concave Northwesterly through an angle of 23° 16' 30 "; 129. North 18° 02' 51" East 42.03 feet; 130. Northerly 216.88 feet along a 580.00 foot radius curve that is concave Westerly through an angle of 21° 25' 30 "; 131. North P 22' 39" West 302.88 feet; 132. Northerly 255.24 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 39° 31' 30 "; OR- 1165350 Page 13 133. North 369 08' 51" East 21.09 feet; 134. Northeasterly 403,36 feet along a 520.00 foot radius curve that is concave Southeasterly through an angle of 449 26' 40 "; 135. North 80° 35' 31" East 628,42 feet; 136. Easterly 289.58 feet along a 320.00 foot radius curve that is concave Southerly through an angle of 510 51' 00 "; 137. South 47° 33' 29" East 3.72 feet; 138. Southeasterly 115.09 feet along a 355.00 foot radius curve that is concave Northeasterly through an angle of 18° 34'.30 "; 139. South 66° 07' 59" East 375.25 feet; • 140. Easterly 209.08 feet along a 780.00 foot radius curve that is concave Northerly through an angle of 15° 21' 30 "; 141. South 81° 29' 29" East 241.76 feet; 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of 12° 11' 00 "; 143. North 86° 19' 31" East 57.06 feet; 144. Easterly 95.37 feet along a 260.00 foot radius curve that is concave Southerly through an angle of 21° O1' 00 "; 145. South 72° 39' 29" East 70.33 feet; 146. Easterly 108.18 feet along a 1380.00 foot radius curve that is • concave Northerly through an angle of 4° 29' 30 "; 147. South 77° 08' 59" East 180.02 feet; 148. Easterly 96.09 feet along a 220,00 foot radius curve that is concave Northerly through an angle of 25° 01' 32" to the Westerly terminus of that certain 60,00 foot strip of land described in Parcel 2 in a. deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official Records; thence 149. North 16° 56' 34" West 19.71 feet along said Westerly terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480.00 feet; thence from a tangent that bears North 139 03' 26" East 150. Easterly 553,25 feet along said curve through an angle of 669 02' 20" to the beginning of a reverse curve concave Northerly and MI OR- 1165350 Page 14 having a radius of 25.00 feet being the Northerly line of Parcel 3 as described in said deed; thence 151. Easterly 31.15 feet along said curve through an angle of 710 23' 49" to the beginning of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along said Northwesterly line the following described courses: 152. Northeasterly 96.16 feet along said curve through an angle of 60 32' 37 "; 153. North 740 14' 34" East 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that is concave Northwesterly through an angle of 360 09' 52 "; 155. North 380 04' 42" East 156.00 feet; 156. Northeasterly 547.51 feet along a 842.00 foot radius curve that is concave Southeasterly through an angle of 370 15' 23" to the beginning of a reverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a line that is parallel with and 82.00 feet Westerly of the center line of Jamboree Road, 100.00 feet wide, as described in a deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through an angle of 670 O1' 22" to said parallel line; thence 158. North 80 19' 43" East 414.47 feet along said parallel line to the Southerly terminus of the Westerly right of way line of Jamboree • Road, 132.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 6135, page 155, said Official Records; thence along said right of way line being a curve concave Westerly and having a radius of 2334.00 feet and being tangent to said parallel line, 159. Northerly 295.99 feet along said curve through an angle of 70 15' 58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; thence non - tangent 160. South 680 20' 16" West 563.43 feet; thence 161. North 310 39' 56" West 338.79 feet; thence 162. North 6'8° 20' 16" East 608.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence OR- 1165350 Page 15 163. Easterly 124.57 feet along said curse through an angle of 1° 52' 33" to said Westerly right of way line; thence e 164. North V 18' 34" West 416.16 feet along said line to the beginning of a curve therein concave Easterly and having a radius of 1666.00 feet; thence 165. Northerly 352.71 feet along said curve and right of way line through an angle of 12° 07' 49" to the Southerly line of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, said Official Records; thence 166. North 840 10' 45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence • 167. Westerly 618.97 feet along said curve and Southerly line through an angle of 17° 43' 56 "; thence leaving said line, non - tangent, 168. South 570 44' 169. South 640 51' 170. South 640 25' 171. South 660 59' 172. South 75° 12' 173. South 120 38' 174. South 390 14' 19" West 77.81 feet; thence 54" West 161.27 feet; thence 17" West 181.82 feet; thence 55" West 381.32 feet; thence 12" West 102.44 feet; thence 00" West 29.56 feet; thence 15" West 116.20 feet; thence • 175. South 22° 35' 41" West 87.19 feet; thence 176. South 10° 18' 17" West 106.21 feet; thence 177. South 62° 06' 10" West 28.85 feet, thence 178. South 9° 57' 02" West 115.74 feet; thence 179. South 35° 35' 57" West 54.11 feet; thence 180. South 660 26' 52" West 63.82 feet; thence 181. South 84° 33' 00" West 142.14 feet; thence 182. North 70° 40' 37" West 81.60 feet; thence 183. North 88° 55' 32" West 133.02 feet; thence m. OR- 1165350 Page 16 184. North 749 30' 41" West 258.38 feet; thence 185. North 83° 40' 51" West 149.91 feet; thence 186. North 39° 13' 32" West 31.63 feet; thence 187. North 66° 23' 34" West 147.33 feet; thence 188. North 57° 47' 03" West 633.42 feet; thence 189. North 659 24' 57" West 219.50 feet; thence 190. North 55° 57' 02" West 176.81 feet; thence 191. North 741 28' 33" West 140.11 feet; thence 192. North 649 33' 00" West 91.92 feet; thence 193. North 76° 57' 50" West 465.50 feet; thence 194. North 83° 23' 12" West 104.19 feet; thence 195. South 47° 54' 39" West 20.89 feet; thence 196. South 89° 45' 48" West 121.00 feet; thence 197. North 789 34' 22" West 143.85 feet; thence 198. North 82° 27' 21" West 262.77 feet; thence 199. North 699 45' 06" West 259.40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radial to said point bears South 220 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle of V 40' 50" to the Westerly terminus of said curve; thence 201. South 730 50' 27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202. North 160 09' 33" West 100.00 feet along said boundary and the Northerly prolongation thereof; thence 203. South 761 25' 54" West 280.21 feet; thence 204. South 750 59' 33" West 241.69 feet; thence OR- 1165350 Page 17 205. South 85° 26' 206. South 58° 22' 207. South 53° 22' 208. South 36° 43' 209. South 22° 58' 210. South 14° 54' 24" West 81.76 feet; thence 28" West 207.87 feet; thence 27" West 422.40 feet; thence 20" West 194.00 feet; thence 42" West 307.39 feet; thence 39" West 270.09 feet; thence 211. South 6° 51' 09" West 234.68 feet; thence • 212. South 3° 34' 35" West 88.17 feet; thence 213. South 6° 26' 13" East 98.12 feet; thence 214. South 360 07' 10" East 22.90 feet; thence 215. South 10 08' 12" East 126.02 feet; thence 216. South 7° 42' 56" West 156.42 feet; thence 217. South 23° ill 55" West 194.20 feet; thence 218. South 24° 54' 56" West 85.45 feet; thence 219. South 25° 44' 05" West 231.46 feet; thence 220. South 33° 17' 43" West 440.17 feet to a point that is North 540 • 13' 20" West 79.13 feet from Station No. 76 of said Ordinary High Tide Line as described in said final decree above referred to; thence 221. South 54° 13' 20" East 79.13 feet to said Station No. 76; thence 222. South 0° 24' 52" West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof; thence 223. South 31° 37' 12" East 430.16 feet along said Ordinary High Tide Line; thence 224. South 45° 00' 00" West 181.91 feet to the Northeasterly line of Lot 11 of said Tract No. 4224; thence 225. South 64° 55' 53" East 90.37 feet along said Northeasterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. OR- 1165350 Page 18 r Excepting therefrom the hereinafter described Parcels 2 thru 8 inclusive. PARCEL 2: Lower Island (Shellmaker) That certain land in Newport Bay in Sections 25 and 26, Township 6 South, Range 10 West, San Bernardino Meridian, described as follows: Beginning at Station 25, as described in Orange County Superior Court N Decree o. 20436, Orange County vs Irvine Company, recorded May 6, 1926 in Book 651, page 72 of Deeds, Orange County Records and also as shown on Record of Survey Map recorded on April 8, 1965 in Book 80, page 14, Orange County Records; thence from said Station 25, North 340 23' West 294 feet, more or less, to a point, said point being the True Point of Beginning; thence, from said True Point.of Beginning, along the following • courses: South 120 30' West 270 feet, South 200 30' West 320 feet, South 660 West 130 feet, North 68° 30' West 235 feet, North 43° West 60 feet, North 880 1' West 70 feet, North 22° 58' West, 107.45 feet, North 125 feet, North 830 East 70 feet, North 390 30' East 170 feet, North 130 East 50 feet, North 35° East 100 feet, North 20 West 60 feet, North 20° East 200 feet, North 110 East 875 feet, North 220 30' East 80 feet, North 31° East 160 feet, North 470 30' East 180 feet, North 620 East 470 feet, North 770 East 310 feet, South 79° East 130 feet, North 820 30' East 200 feet, North 77° East 360 feet, North 610 30' East 60 feet, South 390 30' East 185 feet, South 125 feet, South 28° West 70 feet, South 70 West 115 feet, South 40' West 105 feet, South 20 30' East 115 feet, South 370 30' West 280 feet, South 270 West 105 feet, South 70° West 75 feet, North 640 West 140 feet, South 100 30' West 155 feet, North 54° 30' West 110 feet, North 111 West 95 feet, North 230 East 245 feet, North 470 West 105 feet, South 640 30' West 250 feet, South 410 West 335 feet, South 310 West 380 feet, South 240 30' West 130 feet, South 330 West 70 feet, South 47° West 220 feet and South 231 West 240 feet to the true point of beginning. PARCEL 3: Middle Island That certain land in Newport Bay in Sections 23 and 26, Township 6 South, Range 10 West, San Bernardino Meridian, described as follows: Beginning at Station 42 as described in Orange County Superior Court Decree No. 20436, Orange County vs Irvine Company, recorded May 6, 1926 in book 651, page 72 of Deeds, Orange County Records and also as shown on Record of Survey Map recorded February 28, 1968 in book 89, page 1, Orange County Records; thence from said Station 42 South 590 11' West 271 feet, more or less to a point, said point being the True Point of Beginning; thence from said True Point of Beginning, along the following courses: H OR- 1165350 Page 19 South 3° West 150 feet, South 279 30' West 100 feet, South 560 West 240 feet, South 679 West 380 feet, North 23° 30' West 325 feet, North 520 West 220 feet, North 229 West 115 feet, North 28° 30' West 370 feet, North 19° 53' West 236.15 feet, North 70 East 170 feet, North 48° East 260 feet, North 42° East 450 feet, South 30° East 115 feet, South 42° West 135 feet, South 33° East 50 feet, North 75° East 75 feet, South 52, 30' East 120 feet, North 760 East 165 feet, South 71° East 65 feet, South 25° East 420 feet and South 12° 30' East 600 feet to the true point of beginning. PARCEL 4: Upper Island That certain land in Newport Bay in Section 23, Township 6 South, Range 10 West, San Bernardino Meridian, described as follows: Beginning at Station 48 as described in Orange County Superior Court Decree No. 20436, Orange County Vs Irvine Company, recorded May 6, 1926 . in book 651, page 72 of Deeds, Orange County Records and also as shown on Record of Survey Map, recorded February 28, 1968 in book 89, page 1, Orange County Records; thence from said Station 48, South 76° 03 West 174 feet, more or less, to a point, said point being the True Point of Beginning; thence from said True Point of Beginning, along the following courses: South 38° East 430 feet, South 13° East 185 feet, South 41° East 110 feet, South 10 West 195 feet, South 350 30' West 315 feet, North 540 West 640 feet, North 440 30' West 405 feet, North 220 West 180 feet, North 88° East 75 feet, South 66° East 120 feet, North 76° East 110 feet, North 650 East 110 feet, North 490 West 75 feet, South 780 30' West 185 feet, North 790 12' West 205 feet, North 40 East 220 feet, North 510 East 95 feet, South 340 East 115 feet, North 841 30' East 195 feet, South 8° East 195 feet, South 61° East 80 feet, North 15° East 150 feet, North 72° East 145 feet and South 81° East 105 feet to the true point of beginning. The boundaries described in Parcels 21 3 and 4 above are permanent and fixed in location and are not meander lines. PARCEL 5: That certain beach area on the Easterly side of Newport Bay lying West- erly of Palisades Road (Back Bay Drive), as described in Deed of Right of Way recorded April 9, 1940 in Book 1037, page 269, Orange County Official Records and Easterly of the following described line: Beginning at the point of intersection of the line between Stations 43 and 44 as described in Orange County Superior Court Decree No. 20436, Orange County vs Irvine Company, recorded May 6, 1926 in Book 651, page 72 of Deeds, Orange County Records and also shown on Record of Survey OR- 1165351 Page 20 Map, recorded February 28, 1968 in Book 89, page 1, Orange County Official Records, with the Westerly line of Palisades Road; thence along said line between Stations 43 and 44 North 500 021 26° East 28.42 feet to said Station 44; thence along said Decree line between Stations 44 and 45 to Station 45, said Station 45 being on the Westerly line of Palisades Road. PARCEL 6: That certain beach area on the Easterly side of Newport Bay lying West- erly of Palisades Road (Back Bay Drive), as described in Deed of Right of Way recorded April 9, 1940 in Book 1037, page 269, Orange County Official Records, and Easterly of the following described line: Beginning at the point of intersection of the line between Stations 47 and 48, as described in Orange County Superior Court Decree No. 20436, • Orange County vs Irvine Company, recorded May 6, 1926 in book 651, page 72 of Deeds, Orange County Records and also shown on Record of Survey Map, recorded February 28, 1968 in book 89, page 1, Orange County Records with the Westerly line of Palisades Road; thence from said point of intersection along said line between Stations 47 and 48 North 390 11' 03" West 64.13 feet to said Station 48; thence along said decree lines joining Stations 48, 49 and 50; thence, from said Station 50, East 15 feet, more or less, to a point on the Westerly line of Palisades Road and the end of this line. PARCEL 7: All those lands included within the perimeter boundary described in Parcel 1 and landward of that certain boundary line described in Orange County Superior Court Decree No. 20436, Orange County vs Irvine Company, recorded May 6, 1926 in book 651, page 72 of Deeds, Orange County Records, being portions of Blocks 4, 5, 51, 52, 53, 55, 56 and 57 of Irvinets • Subdivision as shown on map recorded in book 1, page 88, Miscellaneous Record Maps, records of said County. Excepting therefrom Parcels 5 and 6. PARCEL 8: Lands included within Tideland Patent No. 204 from the State of California, recorded July 19, 1907 in book 1, page 245 of Patents, said Tideland location No. 204 being particularly described in Orange County, Superior Court Decree No. 20436, Orange County vs Irvine Company, recorded in book 651, page 72 of Deeds, Orange County Records. EXCEPTING from all of the hereinabove described Parcels 1 to 8, both inclusive, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within or under the said land, but without however any right to take or remove any of such substances through the surface or upper 5Q0 OR- 1165350 Page 21 feet of the subsurface of the herein described land, all as reserved in the deed from The Irvine Company, recorded April 22, 1975 in Book 11382, page 1876 of Official Records. 0 • t INDORSEMENT A Attached to and Made a Part of Policy No. OR- 1165350 Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Paragraph 3(e) of the Conditions and Stipulations of said policy is hereby superseded, amended and modified in its entirety to read and provide that: "(e) Special Provisions Relating to Prosecution and Defense of Actions and Acknowledgments. WHEREAS, it is customary that an insured and a title company cooperate with respect to the defense or protection of title to real property covered by a title policy; and • WHEREAS, however, the insured with respect to this policy desires to be able to take a position which is inconsistent with the condition and status of title reflected in this policy and to continue to obtain the benefits of this policy; and WHEREAS, if the insured takes such an inconsistent position, the Company desires to continue to provide insurance coverage under this policy provided however, as a condition precedent to any liability under this policy, on the condition precedent that the Company secure the effective right to prosecute or defend in any action or proceeding which may affect the title insured by this policy and that the Company have the right to control its position (which position may be different from the insured) in any such action or proceeding and its defense or protection of the title insured herein: WHEREAS to effectuate the foregoing the following shall be a material part of this policy. • "(i) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and the right for the Company to control its position in any such action or proceeding and its defense or protection of the title insured herein, and all appeals therein. Such prosecution or defense, at the insured's option, may be in the name of the insured or in the Company's name and may be by inter- vention or otherwise. In the event that the Company, after making all reasonable efforts to do so, is not secured the right to prosecute or provide for the defense of any action or proceeding, and the right to control its position in any such action or proceeding and its defense or protection of the title insured herein, then as to the insured, all liability of the Company under this policy shall cease and terminate in regard to the matter or matters subject to such action or proceeding. "(ii) It is specifically understood and agreed between the Company and the insured, that the insured in the course of any action or proceed- ing regarding title to Parcels described in Schedule C of this policy shall have the right to take any position with respect to the title or source of title of said Parcels, even if said position is inconsistent with the condition and status of title reflected in this policy, without Page 22 OR- 1165350 in any way affecting the right of the insured to make a claim and collect damages under this policy, provided, however, that the insured shall not otherwise interfere with the Company's control of its position in any such action or proceeding and of the defense or protection of the title insured herein and provided further that the insured shall bear its own legal fees and all costs related to taking -such protection. "(iii) Notwithstanding anything to the contrary, in the event of any action or proceeding in which the Company is involved as a result of this policy, the insured shall provide to the Company, at the Company's request, all materials, documents, maps and other relevant papers related or incidental to title to said Parcels, which the insured has in its possession. "(iv) The Company acknowledges that prior to the issuance of this policy the insured allowed Company representatives to inspect and copy, as desired, the files of the State Lands Commission pertaining to the lands located within the perimeter of the Parcels described in Schedule • C hereof. The Company also acknowledges that the condition and status of title which is set forth in this policy is the result of the Company's independent and sole review of all matters it considers pertinent and that there has been no representation of the condition and status of title by the insured, in the course of the preparation of this policy." • FIRST AMERICAN TITLE INSURANCE COMPANY i1 BY _ L. J a , Assistant Vice President V Page 23 • • INDORSEMENT E Attached to Policy No. OF- 1165350 Issued by First American Title Insurance Company Paragraph 5 of the Conditions and Stipulations of said policy is hereby superseded, amended and modified in its entirety to read and provide that: "The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company, provided however, that the Company shall not have the option to require the con- veyance of any or all of the lands described in Schedule C by reason of or as a condition of any payment or tendered payment in accordance with the terms of this policy and endorsements attached hereto." First American Title Insurance Company BY %f s' PRESIDENT BY ASSISTANT SECRETARY James. E. Dahl Page 24 e ga :gfip r CLTA Pam No. Special. INDORSEMENT C Attached to Policy No. OR- 1165350 Issued by First American Title Insurance Company Paragraph 6(a) of the Conditions and Stipulations of said policy is hereby superseded, amended and modified in its entirety to read and provide that: "6 (a) The liability of the Company under this policy is as follows: (i) In the event there is a final judgment by a court of competent jurisdiction that the lands described as Parcels 2, 3 and 4 in Schedule C are sovereign tide or submerged lands and such lands are either held •by the insured in its sovereign capacity, or by a municipal grantee of the insured, or subject to the public trust for commerce, navigation and fisheries, then the liability of the Company shall be 90% of the full amount of this policy. In the event a portion of those lands described as Parcels 2, 3 and 4 are so held to be tide or submerged lands, then the liability of the Company shall be a proportionate amount of the total liability under this paragraph 6(a) (i) based upon the percentage of the area of such lands determined to be tide or submerged lands to the total area of Parcels 2, 3 and 4. (ii) In the event of liability of the Company under this policy other than that set forth in paragraph 6(a)(i) hereof, the liability of the Company under this policy shall in no case exceed the least of [a] the actual loss of the insured claimant, or [b] 90% of the amount of the insurance stated in Schedule A or [c] if the liability is as to parcels other than Parcels 2, 3 and 4, 10% of the amount of insurance stated in Schedule A of this policy. (iii) It is agreed between the Company and the insured that for the purpose of determining liability under paragraph 6(a)(i) hereof, the Company will not assert as a defense that there has been no actual loss since the insured or its municipal grantee has held title or has been the trustee under the public trust for commerce, navigation and fisheries to Parcels 2, 3 and 4 prior to the date of this policy and it is further agreed that the liability set forth in paragraph 6(a)(i) is absolute without any showing that there has been any actual loss." First American Title Insurance Company By� /� v PRESIDENT By �l`� "�.`° �l� --r' i� ASSISTANT SECRETARY James E. Dahl c. -et .(, Page 25 CITA Form No. Special INDORSEMENT D Attached to Policy No. OR- 1165350 Issued by First American Title Insurance Company Paragraph 7 of the Conditions and Stipulations of said policy is hereby superseded, amended and modified in its entirety to read and provide that: "7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, • lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mortgage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company, excepting from this limitation, however, any action of the insured taken in conformity with the provisions of Subparagraph 3(e)(11) of the Conditions and Stipulations which is set forth in Endorsement A to this policy." First American Title Insurance Company nom' . "r.. .T .. rf F < BY `\\-L /�;/ PRESIDENT BY S SEPtEMNEkta �' • �a ASSISTANT SECRETARY James E. Dahl Paoa 2A CITA Form No. c.....4 e1 INDORSEMENT E Attached to Policy No. OR- 1165350 Issued by First American Title Insurance Company Paragraph 10 of the Conditions and Stipulations of said policy is hereby superseded, amended and modified in its entirety to read and provide that. "10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of subrogation shall vest in the Company • unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, compromise or settle in its name to the full extent of the loss sustained by the Company. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall as to.such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the • right of subrogation. Notwithstanding any portion of this paragraph 10, no right of subrogation shall, vest in the Company where the Company shall have paid or settled a claim under this policy with respect to the title or source of title to the lands located within Parcels 2, 3 and 4 described in Schedule C of this policy." Page 27 CITA Form No. Special First American Title Insurance Company BY PRESIDENT BY 1 ASSISTANT SECRETARY James E. Dahl Page 27 CITA Form No. Special • • INDORSEMENT P Attached to Policy No, OR- 1165350 Issued by First American Title Insurance Company The provisions of Schedule B, Part One, Items 2, 30 5(b), 5(c) and 9 of this policy shall not be applicable to any matter concerning the title or source of title to the lands located within Parcels 2, 3 and 4 de- scribed in Schedule C of this policy. First American Title Insurance Company BY PRESIDENT BY James E. Dahl ASSISTANT SECRETARY Page 28 .x SEPTEMBEF "4. S Special CLTA form No. • INDORSEMENT g Attached to Policy No. OR- 1165350 Issued by First American Title Insurance Company After five (5) years from the date of the final payment made by the insured to The Irvine Company pursuant to and in accordance with the provisions of paragraph 2.2 of that certain Agreement, dated April 11, 1975, recorded in Book 11376, page 1514 in the Official Records of the County of Orange, the following indorsements attached to said policy shall no longer be effective or of any force and the paragraphs super- seded, amended and modified by such indorsements in the printed portion of the policy shall no longer be deemed so superseded, amended or modi- fied and shall be fully effective and in force as they are set forth in said printed portions: 1. Indorsement A; 2. Indorsement B; 3. Indorsement C; 4. Indorsement D; 5. Indorsement E; 6. Indoreement F; 7. Indorsement G. First American Title Insurance Company BY PRESIDENT BV�A>+JI 2 ASSISTANT SECRETARY James E. Dahl Page 29 41 a ' .SMIMBIR 24, a y Y. '4' i�fi9 dT i CLTA Form No. Special Continued from inside front cover) to Company for such insured, and all costs, ltorneys' fees and expenses in litigation carried n by such insured with the written authorization t the Company. (c) When the amount of loss or da nne has teen definitely fixed In accordance with the con - itions of this policy, the loss or damage shall be arable within 30 days thereafter. LIMITATION OF LIABILITY No claim shall arise or be maintainable under tis policy Is) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sred against hereunder, by litigation or other - rise, removes such defect, lien or encumbrance or stablishes the title, or the lien of the insured mort- op. as insured, within a reasonable time after rceipt of such notice; (b) in the event of litigation ntil there has been a final determination by a curt of competent jurisdiction, and disposition of II appeAkerelfrom, adverse to the title or to the an of IIIIIIIIIIInsured mortgage, as insured, as pro- ided in ragraph 3 hereof; or (c) for liability oluntarily .admitted or assumed by an insured rithout prior written consent of the Company. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- lent made for costs, attorneys` fees and expenses, tall reduce the amount of the insurance pro tanto; rovided, however, if the owner of the indebtedness ?cured by the insured mortgage is an insured here rider, then such payments, prior to the acquisition f title to said estate or interest as provided in aragraph 2 (a) of these Conditions and Stipula- ions, shall not reduce pro . tanto the amount of the isurance afforded hereunder as to any such in- ❑ed, except to the extent that such payments educe the amount of the indebtedness secured Y such mortgage. Payment in full by any parson or voluntary nisfaction or release of the insured mortgage shall eminate all liability of the Company town insured caner indebtedness secured . by the insured iortge cept as provided in paragraph 2 (a) areof. LIABILITY NONCUMULATIVE It is expressly understood that the amount of surance underthis policy, as to the insured owner `the estate or interest covered by this policy, shall ! reduced by any amount the Company may pay tder any policy insuring (a) a mortgage shown or rferred to in Schedule B hereof which is a lien I the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall he deemed a payment under this policy. The Company shall have the option to apply to the payment UI Roy such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed apsyment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogeted to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this Policy not been issued, and the Company is here, by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation, If the payment does not cover the Ions of such insured claimant, the .Com- pang shall be subrogated to such rights and reme, dies in the proportion which said payment beers to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should resultfrom anyact of such insured claimant, such act shall not void this policy, but the Com pang, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. r 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse, ments and other instruments, if any, attached here, to by the Company is the entire policy and con- treat between the Insured and the Company, Any claim of Ion or damapll, Whether or net based on negligence, and which arlses out of the status of the lien of the Insured mortgage or of the title to the estate or Interest covered hereby, or any .action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this Policy can be mode except by writing endorsed hereon or attached hereto signed by either the President, a Vice President,. the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment uo- less the policy be lost or destroyed, in which can Proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE. SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this polity. V L S,C A ME.Rtc Form No. 1084(10/73) ¢ ,9 California Land Title Atsoclatlon Standard Coverage Policy Form Copyright 1973 '.�. <P POLICY OF TITLE INSURANCE ISSUED BY oh- / /1, 8 u66' it z Al A L First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys feesand expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the.extent that such invalidity, or claim thereof, arises out of the - transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; • 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company ay PRESIDENT ATTEST 6 SECRETARY be . DEFINITION OF TERMS The following terms when used in this policy man: (a) "insured ": the insured named in Schedule and. subject to any rights or defenses the Corn any may have hod against the named insured. lose who succeed to the interest of such insured ty operation of low as distinguished from purchase 1cluding. but not limited to. hairs. distributees, dw isees. survivors. personal representatives. next. of ,in. or corporate or fiduciary successors. The term "Insured" aim includes (i) the owner of the indebt- Mness secured by the insured mortgage and each ux:assor in ownership of such indebtedness (re- wvIng. however. all rights and defenses as to any ich successor who acquires the indebtednew by "ration of low as described in the first sentence if this subparagraph (a) that the Company would we had against the successor's transferor):: and other includes (ii) any governmental agency or istrumentality which is an insurer or guarantor rider an insurance contract or guaranty insuring or uwantesing said indebtedness. or any pert thereof. dhather named as an insured herein or not. and iii) the parties designated in paragraph '2 (a) of hem Co tons and Stipulations. (bl red claimant': an insured claiming Duo d hereunder. (c) "insured 16nder ": the owner of an insured nortgage. (d) "insured mortgage ": a mortgage shown in ichedula B. the owner of which is named as an in- ured in Schedule A. (a) "knowledge": actual knowledge. not con' tructive knowledge or notice which may be im- puted to, an insured by reason of any public records. (f) "land ": the land described. specifically or ,y reference in Schedule C. and improvements of- ixed thereto which by law constitute real property: provided. however. the term "land" does not in- :lude any area excluded by Paragraph No. 6 of 'art 1 of Schedule B of this Policy. (g) "mortgage": mortgage. deed of trust. 'rust deed. or other security instrument. (h) "public records': those records which by aw impart constructive notice of matters relating :o the land. I. (a) �NTINUATION OF INSURANCE TER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- tdnew secured by the insured mortgage. this policy ;hall continue in force as of Date of Policy in favor )f such insured who acquires all or any pert of the testate or interest in the land described in Schedule by foreclosure. trustee's sale. conveyance in lieu Df foreclosure. or other legal manner which dis- =harges the lien of the insured mortgage. and if such insured is a corporation. its transferee of the estate or interest so acquired. provided tha'transforee is the parent or wholly Owned subsidiary of such in- wred: and in favor of any governmental agency or instrumentality which acquires all or any part of the rotate or interest pursuant to a contract of insur- onceor guaranty insuring or guaranteeing the in- debtadnew secured by the insured. mortgage. After any such acquisition the amount of insurance here- under. exclusive of costs. attorneys' fees and ex- panses which the Company may be obligated to pay. shell not exceed the least of: (i) the amount of insurance stated in Schedule A (ii) the amount of the unpaid principal if the indebtedness plus interest thereon. w dater - nined under paragraph 6 (a) (iii) hereof. expense. :,f foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by raid insured mortgage at the time of acquisition of such estate or interest in the lard: or CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality. if such agency or Instru- mentality is the Insured claimant. in acquisition of such .estate or interest in satisfaction of its insur- ance contract or guaranty. - (b) CONTINUATION OF' INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy. in favor of an insured so. long as such insured retains an estate or interest in the land. or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured.. or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest: provided. however. this Policy shall not continue in force in favor of any purchaser from such insured of either mid estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company. at its own cost and without undue delay. shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect. lien. encum brance or other matter insured against by this policy. (b) The insured shell notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above. 00 in can knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage. as insured. and which might cause low or damage for which the Company may be liable by virtue of this policy. or (iii) if title to the estate or interest or the lien of the insured mortgage. as insured. is rejected as unmarketable. If such prompt notice shall not be given to the Company. than as to such insured all liability of the Company shall cans and termi- nate in regard to the matter or matters for which such prompt notice is required: provided. however. that failure to notify shall in no case prejudice the rights of any such insured under this policy union the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay Prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage. as insured: and the Company may take any appropriate action. whether or not it shell be liable under the terms of this policy. and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy. the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its sole discre- tion. to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding. the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding. and all appeals therein. and permit the Company to use. at its option. the name of such insured for such purpose. Whenever re- quested by the Company. such insured shall give the Company. at the Company's expense. all reason- able aid (1) in any such action or proceeding in effecting settlement. securing evidence. obtaining witnesses. or prosecuting . or defending such action or proceeding. and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interim or the lien of the insured mortgage. es in- sured, including but riot limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Pare .graph 3 (b) of these Conditions and Stipulations. a proof of loss or damage: signed and worn to by the insured claimant shell be furnished to the Corn, pony within g0 days after the insured claimant shell ascertain or determine the facts giving rise to such lost or damage. Such proof of low or damage shall describe the defect in. or lien or encumbrance on the title. or other matter insured against by this policy which constitutes the basis of loss or dear age. and. when appropriate. state the besis of calculating the amount of such Inn or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder.. insured claimant. at the written request of Company.. shell furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of Ion or damage shall have been furnished. Failure to furnish such proof of low or damage shell terminate any liability of the Company under this policy as to such loss or damage. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- OEBTEONESS The Company shell have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against. or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs. attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage. the Company shall have the further option to purchase such Indebted- ness for the amount Owing thereon together with all costs. attorneys fees and expenses which the Company is .obligated hereunder to pay. If the Company offers to purchase mid indebtedness es herein provided. the Owner of such indebtedness shall transfer and assign mid indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein Provided. Upon such offer being mode by the Company. all liability and obligations of the Corn pony hereunder to the owner of the indebtedness secured by said insured mortgage. other then the obligation to purchase mid indebtedness pursuant to this Paragraph. are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this Policy shall in no cam exceed the least of: (i) the actual loss of the insu red claimant: or 00 the amount of insurance stated in Schedule A. or. if applicable. the .amount of in- surance es defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage. and Provided mid owner is the insured claimant. the amount of the unpaid principal of mid indebted - rim. plus interest thereon. provided such amount shell not include any additional principal indebted- rim created subsequent to Date of Policy. except as to amounts advanced to protect the lien of the insured mortgage and secured thereby: (b) The Company will pay. in addition to any Ion insured against by this policy. all costs im- posed upon an insured in litigation carried on by (Contin4oO on inside beck cover) Form No. 1094 — A CITA Standard Coverage Po11cY CoOYrl9ht — 1973 t. SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ 1- 307.25 Amount of Insurance: $ 500,000.00 • Date of Policy: April 22, 1975 at 8:00 A. M. �J 1. Name of Insured: Policy No. OR- 1168468 THE STATE OF CALIFORNIA by Dead recorded April 22, 1975 in book 11382, page 1898 of Official Records. 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIA by Deed recorded April 22, 1975 in book 11382, page 1898 of Official Records. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 Form No. 3084 — e CLTA Standard Coverage Policy CoPyrlght — 3973 0&- 1168468 SCHEDULE B Page 3 This policy does not insure against loss or damage, nor against costs, attorneys fees or expenses, any or all of which arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts; rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred.to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of *the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. • 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See attached following pages for Part Two. OR- 1168468 Page 4 1. Rights and rights of way affecting Parcel 2 with rights of mainte- nance and the right to relocate the .channel in the control of flood waters as provided in and granted by The Irvine Company in deed recorded March 12, 1929 in book 246, page 495 of Official Records in an agreement with Delhi Drainage District and the Orange County Flood Control District recorded February 21, 1949 in book 1804, page 432 of Official Records and as described in a dee¢ to Orange County Flood Control District recorded November 8, 1961 in book 5906, page 516 of Official Records. 2. A Perpetual Avigation Easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company by deed recorded March 17, 1964 in book 6965, page 721 of Official Records under the terms and conditions set forth in said deed. • 3. The Condition subsequent that the herein described land is to be used at all times for public park purposes compatible with an ecological reserve and /or wildlife refuge with the right of the grantor or its successors and assigns to enforce such condition all as contained in the deed from The Irvine Company to the State of California recorded April 22, 1975 in book 11382, page 1898 of Official Records. • • • OR- 1168468 LPH :sh 'age S SCHEDULE C The lead referred to in this policy is situated in the State of California. County of Orange, Gity,oE Newport Beach and is described as follows: All those certain parcels of land partly being portiona.of Block 51, irvine'e Subdiviaion,.aa shown on a map recorded in Book 1, page b0i Miacsllanaous gaps, records of said County, described as follows. parcel 1: Commencing at a point in the Southerly boundary of the land described in a deed to the Newport Harbor Union High School District recorded in Hook 7578, page 670, Official Records of said County. said point being on a curve concave Southerly and having a radius of 2000.00 feet, a radial to said point bears North il' 54' 41 Went, said point being Westerly 618.97 feet along said curve from the Easterly terminus thereof; thence leaving said boundary non- tangent 1. South 57' 44' 19" West 77.81 feet; thence 2. South 64. 51' 54" West 161.27 feet; thence 3. South 64' 25' 17" West 181.82 feet; thence 4. South 66. 59' 55" West 381.32 feat; thence 5. South 75' 12' 12" West 102.44 feet; thence 6. South 12' 38' 00" West 17.73 feat to the TRUE POINT OF BEGINNING: thence continuing 7. South 12. 38' 00" West 11.83 feet; thence 8. South 39' 9. South 22' 10. South 10' 11. South 62' 12. South 9' 13. South 35' 14' 35' 18' 06' 57' 35' 15" West 116.20 feet; thence 41" West 87.19 feet; thence 17" West 106.21 feet; thence 10" West 28.85 feet; thence D2" West 115.74 feet; thence 57" West 54.11 feet; thence I OH- 1168468 Page 6 14. South 66' 261 52" West 63.82 feet; thence 15. South 84° 33' 00" West 142.14 feet; thence 16. North 70' 40' 37" West 81.60 feet; thence 17. North 88' 55' 23" West 133.02 feet; thence 18. North 74' 30' 41" West 258.38 feet; thence 19. North 83. 40' 51" West 149.91 fast; thence 20. North 39' 13' 32" West 31.63 feet; thence • 21. North 66' 23' 34" West 147.33 feet; thence 22. North 57' 47' 03" West 633.42 feet; thence 23. South 66' 51' 26" East 326.36 fast to the beginning of a curve 12" concave Northerly and having a radius of 1562.00 feet; thence 24. Easterly 1459.81 541 feet along said curve through an angle of 53' 32' 20.89 51" to the TWE POINT OF BEGINNING. 9. South srcal 2• gowmenctn& at the Northwesterly tesminus.of Course No. 22 described in parcel 1 above; thence • 1. North 65' 24' 57" Wast 219.50 fact; thence 2. North 55' 57' 02" West 176.81 feet; thence 3. North 74. 28' 33" West 140.11 feet; thence 4. North 64' 33' 00" West 91.92 fast; thence 5. North 76. 57' 50" West 137.34 feet to the TRUE POINT OF BEGINNING: thence continuing 6. North 76' 57' 50" West 328.16 fast; thence 7. North 83' 23' 12" Want 104.19 feet; thence 8. South 47' 541 39" West 20.89 fact; thence 9. South 89' 45' 48" West 121.00 feet; thence 10. North 78' 34! 22" West 143.85 feet; thence OR- 1168468 Page 7 11. North 829 27' 21" West 262.77 feet; thence 12. North 690 45' 06" West 259.40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906. page 516. said Official Records, said curve being concave Northwesterly, a radial to said point bears South 229 50' 23" East; thence 13. Northeasterly 351.07 feet along said curve to a point on an non - tangent curve concave Northeaaterly and having a radius of 2062.00 feet, a radial to said point bears South 27° 03' 48" West; thence • 14. Southeasterly 141.10 feet along said curve through an angle of 30 55' 14 "; thence 15. South 661 51' 26" East 833.55 feet to the TRUE POINT OF BEGINNING. Excepting from Parcels 1 and 2 hereiaabova described all oil. oil rights. minerals, mineral rights, natural gas, natural gas rights and other hydrocarbons by whatsoever name known that may be within or under said lands without however, any right to drill, mine, store, explore and operate through the surface or the upper 500 fast of the subsurface of the hereinabove described in the deed from The Irvine Company, recorded April 22. 1975 in book 11382. page 1898 of Official Records. 7j P� i \ O A 0 J C • � v a w u OD r Tt CL 0 8r oa Ua N o ^z �^ N Cl O G Q _ i. y n L O \ 7 4 N a m3 � h � 01 V 2 i • • Lo'OZ e 1� �r Nolsinioens FNIAYl 17 X19 7v1d q v j W F- N_ .1' tG ~ a U4 v o n 4 -- cN � 4' V E F U U V_ N G L F (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of .loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- wred against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice: (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof: or (c) for liability oluntarily admitted or assumed by an insured hout prior written consent of the Company. 'P REDUCTION OF INSURANCE: TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto: provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2. (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. INLIABILITY NONCUMULATIVE t is expressly understood that the amount of LIABILITY under this policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AVD STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount w paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amountthat otherwise would be payable hereunder to the insured Miser of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. .SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except . that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion. of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not rewlt in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this Policy not been issued, and the Company is here by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If Ions should result from any act of such insured claimant, such act shall not void this policy, but the Con - pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse menu and other instruments, if any, attached here to by the Company is the entire polity and con- tract between the Insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to -the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this Policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice. President, the Secretary, an Assistant Secretary, or validating officer or author- ' ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such paymentur- less the policy be lost ordestroyed. in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur nished the Company shall be addressed to it at its home office at 421 .North Main Street, Santa Ana, California, 92701, or to the office which issued this policy. ER1 Form No. 1084 (70/73) Q b C Standard over ge le llCY Form 46 1 kY v ` Stantlartl Coverage Policy Form CoDYright 1973 POLICY OF TITLE INSURANCE !SSl1ED BY First American Title Insurance Company 'SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy blown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an Insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; • 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 9Y PRESIDENT ATTEST. SECRETARY B �3 1UIJ OEFINITION OF TERMS The following terms when used in this policy nean: dal "insured': the insured named in Schedule and. subject to any rights or defenses the Com- a may have hod agoinai the named insured. ,so who succeed to the intaiast of Such insured operation of law as distingulshd from purchase luding, but not limiter! to. heirs, distrlbutaes, da- tes. survivors. personal representatives, next of . or corporate or fiduciary successors. The term cured" also includes (if the owner of the indebt- ins secured by the insured mortgage and each cessor in ownership of Such indebtedness (re- drag. however, ell rights and defenses as to any '.h Successor who acquires the indebtedness by :ration of law as described in the first sentence this subparagraph (e) that the Company would is had against the successor's transferor). and ther includes (it) any governmental agency or trumentality which is'an insurer or guarantor !ar an insurance contract or guaranty Insuring or tranteeing said indebtedness. or any part thereof. ether mad as on insured herein or not, and I the in designated in paragraph 2 (a) of ae C ns and Stipulations. (b) "insured claimant": an insured claiming S or damage hereunder.. (c) "insured lender": the owner of an insured (d) "insured mortgage": a mortgage shown in hodu to S. the owner of which is named in an in- red in Schedule A. la) "knowledge": actual knowledge. not con- structive knowledge or notice which may be im- outed town insured by reason of any public records. If) "land ".: the land described. specifically or by reference in Schedule C. and improvements af- fixed thereto which by law constitute real property: provided. however. the term "land" does not in- Ilude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust. trust deed, or other security instrument. (h) "public records ": those records which by law imp onstructive notice of matters relating to the 1 2. (a) NTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSUREO LENOER If this Policy insures the owner of the indebt- dnew secured by the insured mortgage. this policy shall continue in force as of Date of Policy in favor pf such insured who acquires all or any part of the estate or interest in the lend described in Schedule , by foreclosure, trustee's Sale. conveyance in lieu pf foreclosure, or other legal manner which die :harges the lien of the insured mortgage. end if Such insured is a corporation. its transferee of the estate 3r interest so acquired. provided the transferee is the parent or wholly Owned subsidiary of such in- ured: and in favor of any governmental agency or nstrumentelity which acquires all or any part of the tstete or interest pursuant to a contract of insur- trice or guaranty insuring or guaranteeing the in- iebtedness Secured by the insured mortgage. After Sny Such acquisition the amount of insurance here •ender, exclusive of costs. attorneys fees and ex- penses which the Company may be obligated to pay. shall riot exceed the least of. (i) the amount of insurance stated in Schedule A: 60 the amount of the unpaid Principal of the indebtedness plus interest thereon, as dater - nined under paragraph 6 (a) (iii) hereof. expenses of foreclosure end amounts advanced to protect the lien of the insured mortgage and secured by aid insured mortgage at the time of acquisition of Such estate or interest in the land: or CONDITIONS AND STIPULATIONS (iii) the amount Paid by any governmental agency or instrumentality. if such agarwy or instru- mentality is the insured claimant. in acquisition of Such estate or interest in mtisfwtion of its insun once contract or guaranty. (b) CONTINUATION OP- INSURANCE AFTER CONVEYANCE OF TITLE I ha covurago of this policy shall continue In force as of Data of Policy. In favor of an Insured So long as such Insured retains an estate or Interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from Such insured, or so long as such insured shell have liability by reason of covenents of warranty made by such insured in any transfer or conveyance of Such estate or interest: provided. however. this Policy shall not continue in force in favor of any purchaser from Such insured of either said estate or interest or the indebtedness secured by a Purchase money mortgage given to Such insured. 3. OEFENSE ANO PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSUREO CLAIMANT (al The Company. at its own cost end without undue delay. shall provide for the defense of an insured in litigation to the extant that Such liti- gation involves an alleged defect. lien. encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above. (i0 . in can knowledge shell come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage. in insured. end which might cause loss or damage for which the Company may be liable by virtue of this policy. or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured. is rejected as unmarketable. If Such prompt notice shall not be given to the Company, then as to Such insured ell liability of the Company shall cease end termi- nate in regard to the matter or matters for which Such prompt notice is required: provided. however. that failure to notify shall in no case Prejudice the rights of any Such insured under this Policy unlew the Company shall be prejudiced by Such failure and then only to the extant of Such prejudice. (c) The Company shall have the right at its own cost to institute end without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or Inter- est or the lien of the insured mortgage. as insured: and the Company may take any appropriate action. whether or not it shall be liable under the terms of this policy. and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shell have brought any action or interposed a defense as required or Permitted by the provisions of this policy, the Company may pursue any Such litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its Sale discrn tion, to appeal from any adverse judgment or order. (e) In ell cams where this policy permits or re- quires the Company to prosecute or Provide for the defense of any action or proceeding. the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding. and ell appeals therein. and Permit the Company to use, at its option. the name of Such insured for Such purpose. Whenever re- quested by the Company. Such insured shall give the Company. at the Company's expense. all reason- able aid (1) in any Such action or proceeding in effecting Settlement, securing evidence. obtaining witnesses, or prosecuting or defending such action or proceeding. and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, es in- sured. including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR OAMAGE — LIMITATION OF ACTION In addition to the notices required under Peres graph 3 (b) of those Conditions end Stipulations, a prmfOfloUordlm&p.slgngd#nttwvCtn 10hy 10h the Insured claimant Shell be furnlshod to the Com- pany within 00 days after the Insured claimant shell mcerteln or determine the facts giving rise to Such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title. or other matter insured against by this policy which constitutes the basis of Iota or dam- age. and. when appropriate. state the basis of calculating the amount of Such low or damage. Should Such Proof of low or damage fail to state facts Sufficient to enable the Company to determine its liability hereunder. insured claimant, at the written request of Company, shell furnish Such additional information as may reasonably be necessary to make Such determination. No right of action shell accrue to insured claimant until 30 days after Such proof of loss or damage shall have been furnished. Failure to furnish Such Proof of loss or damage shell terminate any liability of the Company under this policy as to Such low or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ANO OPTIONS TO PURCHASE IN- OEBTEONESS The Company shelf have the option to pay or otherwise settle for or in the name of on insured claimant any claim insured against. or to termi- nate all liability end obligations of the Company hereunder by paying or tendering Payment of the amount of insurance under this Policy together with any costs. attorneys fees and expenses in- curred up to the time of Such payment or tender of payment by the insured claimant and authorized by the Company. In case low or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage. the Company shell have the further option to purchase Such indebted- new for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of Such indebtedness shell transfer end assign mid indebtedness and the mortgage and any collateral Securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability end obligations of the Com- Pony hereunder to the owner of the indebtedness secured by mid insured mortgage, other then the obligation to purchase mid indebtedness pursuant to this paragraph, ere terminated. 6. OETERMINATION ANO PAYMENT OF LOSS (a) The liability of the Company under this policy shell in no can exceed the least of: (if the actual low of the insured claimant: or (ii) the amount of insurance stated in Schedule A. or, if applicable, the amount of in- surence as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mongloge, and Provided mid owner is the insured claimant, the amount of the unpaid principal of said indebted- ness, plus interest thereon, provided Such amount shall not include env additional Principal indebted- non created subsequent to Date of Policy, except ao to amounts advanced to protect the lien of the insured mortgage end secured thereby. (b) The Company will Pay. in addition to any low insured against by this Policy. all costs im- posed upon an insured in litigation carried on by Form No. 1080 -- A CLTA Standard COVBfage Policy Copyright — 1973 SCHEDULE A Total Fee for Title Search,. Examination and Title Insurance $407-2S Amount of Insurance: $ 100,000.00 Policy No. OR- 1168468 —A Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: • THE STATE OF CALIFORNIA. 2. The estate or interest referred to herein is at Date of Policy vested in: The estate or interest referred to herein is at date of policy vested in the dominant tenement of THE STATE OF CALIFORNIA received by virtue of the deed from THE IRVINE COMPANY recorded April 22, 1975 as Document No. 17997 in Book 11382, page 1898 of Official Records in the Office of the County Recorder of Orange County, subject to the Covenants, Conditions and restrictions with regard to reversion of title as set forth in said deed. • 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 Form No. 1084 -- a CLTA Standard Covmge Policy CoPyrigni— 1974 OR- 1168468 -A SCHEDULE 8 Page 3 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a Correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right; title, interest, estate or easement in land beyond the lines of the area specifically described or referred to • in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of'an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: • 1. General.and Special Taxes for the fiscal year 1975 -1976 a lien not yet payable. 2. A Perpetual avigation easement in, over and through the air above the herein described and other land as conveyed to the County of Orange by The Irvine. Company, under the terms and conditions set forth in the deed recorded March 17, 1964 in book 6965, page 721 of Official Records. 3. Covenants, conditions and restrictions with reversion of title upon breach thereof as a condition subsequent with the further right of expansion of the boundaries of the dominant tenement, all as provided in the deed from The Irvine Company recorded April 22, 1975 as Document No. 17997 in Book 11382, page 1898 of Official Records. OR- 1168468 -A LJH: sh Page 4 SCHEDULE C The land referred to in this policy is situated in the State of California, my of Orange, partly in the City of Newport Beach and is described as follows: An Easement for the relocation of the boundaries of the dominant tenement as provided in the deed from The Irvine Company to The State of California recorded April 22, 1975 as Document No. 17997 in book 11382, page 1898 of Official Records in, on and over that portion of Block 51, Irvine's Subdivision, as shown on a Map recorded in book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: Beginning at a point in the Southerly boundary of the land described in a deed to the Newport Harbor Union High School District recorded in book 7578, page 670 of Official Records of said County, said point being on a curve concave Southerly and having a radius of 2000.00 feet, a radial to said point bears North 11° 54' 41" West, said point being Westerly 618.97 feet along said curve from the Easterly terminus thereof; thence leaving said boundary non - tangent; 1. South 57° 44' 19" West 77.81 feet; thence 2. South 64' 51' 54" West 161.27 feet; thence 3. South 64° 25' 17" West 181.82 feet; thence 4. South 66° 59' 55" West 381.32 feet; thence 5. South 75° 12' 12" West 102.44 feet; thence 6. South 12° 38' 00" West 17.73 feet to a point on a non - tangent curve concave Northerly and having a radius of 1562.00 feet, a radial to said point bears South 30' 24' 17" West; thence 7. Westerly 1459.81 feet along said curve through an angle of 53 32' .51 "; thence 8. North 66' 51' 26" West 326.36 feet; thence 9. North 650 24' 57" West 219.50 feet; thence 10. North 550 57' 02" West 176.81 feet; thence 11. North 74° 28' 33" West 140.11 feet; thence OR- 1168468 -A Page 5 12. North 64° 33' 00" West 91.92 feet; thence 13. North 760 57' 50" West 137.34 feet; thence 14. North 66° 51' 26" West 833.55 feet to the beginning of a curve concave Northeasterly and having a radius of 2062.00 feet; thence 15. Northwesterly 141.10 feet along said curve through an angle of 3° 55' 14" to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in book 5906, page 516, said Official Records, said curve being concave Northwesterly, a radial to said point bears South 32° 36' 15" East; thence 16. Northeasterly 289.80 feet along said curve through an angle of 8° 03' 37" to the Northeasterly terminus thereof; thence 17. North 490 20' 08" East 56.95 feet continuing along the boundary of said Parcel to the Northwesterly prolongation of the Southwesterly line of the land described in a deed to F. Roy Greenleaf, Jr., recorded in book 2207, page 196, said Official Records; thence along said prolongation, said Southwesterly line and the Southwesterly line of the land described in a deed to George M. Holstein III, recorded in book 2161, page 375 of Official Records, the following described courses: 18. South 490 14' 28" East 72.39 feet; • 19. Southeasterly 364.96 feet along a 800.00 foot radius curve that is concave Northeasterly through an angle of 26° 08' 18 "; 20. South 75° 22' 16" East 333.50 feet; 21. Southeasterly 401.43 feet along a 1000.00 foot radius curve that is concave Southwesterly through an angle of 23° 00' 00 "; 22. Southeasterly 193.73 feet along a 600.00 foot radius reverse curve that is concave Northeasterly through an angle of 180 30' 00 "; 23. Southeasterly 307.15 feet along a 818.25 foot radius curve that is concave Southwesterly through an angle of 21° 30' 00 "; 24. South 49° 22' 46" East 340.81 feet to a point on a non - tangent curve that is concave Northerly and having a radius of 1550.00 feet, a radial to said point bears South 20° 11' 04" West; thence leaving said land of Holstein 25. Easterly 692.23 feet along said curve through an angle of 25° 35' 18" to the Easterly line of the land described in a deed to Alvin S. Cox, recorded in book 2039, page 225 of said Official Records; thence I OR- 1168468 -A Page 6 26. North 1° 58' 08" East 248.19 feet along said land to an angle point therein; thence 27. North 40° 37' 14" East 30.00 feet along said line to an angle point therein; thence 28. North 49° 22' 46" West 55.00 feet to the Southerly corner of Tract No. 1501, as per map filed in book 50, page 16 of Miscellaneous Maps, Records of said County; thence 29. North 400 23' 05" East 1183.95 feet along the Southeasterly line of • said Tract No. 1501, and the Southeasterly line of Tract No. 1507, as per map filed in book 51, page 15 of said Miscellaneous Maps to the Westerly corner of the land described in a deed to the Costa Mesa Union School District, recorded in book 3519, page 598 of said Official Records; thence along the boundary of said land 30. from a tangent that bears South 49° 23' 05" East Southeasterly 205.96 feet along a 350.00 foot radius curve that is concave South- westerly through an angle 33° 43' 00 "; thence 31. South 15° 40' 05" Eaat 400.00 feet along said boundary to an angle point therein; thence 32. Northeasterly 33.01 feet along a 1770.00 foot radius curve in said boundary that is concave Southeasterly through an angle of 1° 04' 07" to the Southwesterly boundary of said land to.the Newport Harbor Union High School District described above; thence along • said boundary 33. South 15° 40' 05" East 182.16 feet to the beginning of a 220.00 foot radius curve therein that is concave Easterly; thence 34. Southerly 26.29 feet along said curve through an angle of 60 50' 47 "; thence 35. South 22° 30' 52" East 101.02 feet to an angle point therein being the Southwesterly terminus of that certain 2000.00 foot radius curve in the Southeasterly boundary of said land, a radial to said point bears North 21° 39' 18" West; thence 36. Northeasterly 340.12 feet along said curve through an angle of 9° 44' 37" to the point of beginning. o , 13 L R C e 4> N t �4 IM { v✓ �bvv u � z s � p a �t 1 N l � Y A U � 9 6 N 8� R ZO R a ol$ N t; �u r aW a 64 Co IA ) ) RO O m � a n y a 1 e O 1• i h u WSA DR n �� R4 ZO R a ol$ N t; �u r aW a 64 Co IA ) iV m � y ZO R a ol$ N t; �u r aW a 64 Co IA ;untimod frorn mum front coves) v, 1 "eePaoy it,, wr.h maned, still all assts, durnuye lout and eM6eniws in litigation r;arried " by such mwred with the written authorization I the Company. I Icl When the amount of iota or damage has A definitely fixed in accordance with the con - Itinns of this Imliey, the loss or damage shall be ayable within 30 days thsrealtar, LIMITATION OF LIABILITY No claim shall arise or be maintainable under ispolicy dal if the Company, after having received otice of an alleged defect, lien or encumbrance in- red against hereunder, by litigation or other - vise, removes such defect, lien or encumbrance or istablishesthe title, or the lien of the insured mort- iege, as insured, within a reasonable time after eceept of such notice; (b) in the event of litigation lntil there has been a final determination by a :curt of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, w insured, as Pro- vided itgreph 3 hereof; or (c) for liability voluntatllWmitted or assumed by an insured without for written consent of the Company. S. REOUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this Policy, except pay- ment made for costs, attorneys' fees and expenses; shall reduce the amount of the insurance pro tanto; provided, however, if the Owner of the indebtedness secured by the insured mortgage is an insured here- under, then such Payments, Prior to the acquisition 'of title to said estate or interest as provided in �peragraph 2 (a) of than Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder IN to any such in- sured,. except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage except set provided in paragraph 2 (a) hereof 9. LIA TY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this Policy, shall be reduced by any amount the Company may Pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS nr (e) a moftgatp hereafter axscuted by an insured whwh is a Cheryl or lien on the estate or interest described or referred to In Schedule A, and the amount so Paid shall ba'deamed a payment under this Policy. The Company shell have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder Ili the Insured owiiat of the estate or interest cov- ered by this policy and the amount so paid shall be deemed apayment under this policy to said Insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have Paid or settled a claim under this policy, all right of sub- rogation shall vast in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or it •rarest or the priority of the lien of the insured my rgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy hot been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured 'shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Con. pony shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant . such act shell not void this policy, but the Com- Pony, in that event, shall as to such insured claimant be required . to pay only that Part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITEO TO THIS POLICY This Instrument together with ell endorse- manta and other Instruments, if any, attached here to by the Company is the entire Polity and con- tract between the insured and the Company. Any claim of lost or damage, whether or not paced on negligence, and which arises Out of the status of the lion of the insured mortgage or of the title to the estate or Imerast ooveirad hereby, of any action waerting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President,. the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the Policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California. 92701, or to the office which issued this policy. S C. corm No. 1094 )10/73) ,y California Land Title Association Standard Coverage Policy Forrn 41 Copyright 1973 POLICY OF TITLE INSURANCE/ SSUED BY W '}.2 t -7f vrQ / /LB�3'3 oRrG /wA�. First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE •INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or • b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule S. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. ;r R 0748 First American Title Insurance Company BY v'• ' i PRESIDENT ATTEST 6 74� SECRETARY DEFINITION OF TERMS The following terms when used in this policy mean: (e) "Insured': the insured named in Schedule A. and. subject to any rights or defenses the Cots pony may hove had against the named insured. those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to. heirs. distributees. de vise rs. survivors. personal representatives, next of kin. or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness Ira serving. however, all rights and defenses a to any such successor who acquires the indebtedness by operation of law a described In the first sentence of this subparagraph (e) that the Company would have had again" the successor's transferor). and further includes (ii) any governmental agency or instrumentality which is on insurer or guarantor under an insurance contract or guaranty Insuring or gueranteeing mid indebtedness. or any pert thereof. whether named as an insured herein or not, and (iii) the ert ia designated in paragraph '2 dal of these bons and Stipulations. (b) sured claimant': an insured claiming low or damage hereunder. (c) "insured lender": the Owner of an insured - mortgage. (d) "insured mortgage': a mortgage shown in Schedule B. the owner of which is named a on in- sured in Schedule A. (e) "knowledge": actual knowledge: not con- structive knowledge or notice which may be its puted to an insured by reason of any public records. (f) "lend ": the land described. specifically or by reference in Schedule C. and improvements af- fixed thereto which by law constitute real property: Provided. however. the term "lend" does not in- clude any arm excluded by Paragraph No. 6 of Part 1 of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust. trust dead. or other security instrument. IN "Public records': those records which by law impart constructive notice of matters relating to the 2. (e�ONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure. trustee's cols, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage. and if such insured is a corporation, its transferee of the estate or interest so acquired. provided the transferee is the parent or wholly owned subsidiary of such in- sured: and in favor of any governmental agency or instrumentality, which acquires all or any portof the state or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here under. exclusive of costs, attorneys fen and ex- penses which the Company may be obligated to pay. shall not exceed the last of: (i) the amount of insurance stated in Schedule A: iii) the amount of the unpaid Principal of the indebtedness Plus interest thereon. a deter- mined under paragraph 6 (a) (iii) hereof. expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the lend: or CONDITIONS AND STIPULATIONS (iii) theamount Peid byany governmental agency or instrumentality, if such agency or Instru- mentality is the insured claimant. In amulsition of such estate or interest in satisfaction of its insur once contract or guaranty. Ili) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy. in favor of an insured GO long as such insured retains an estate or interest in the lend. or owns an Indebtedness secured by a Pur- chase money mortgage given by a purchaser from such insured. or so long a such insured shell have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest: Provided. however. this Policy shall not continue in force in favor of any purchaser from such insured of either mid estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company. at its own cost and without undue delay. shall provide for the defense of an insured in litigation to the extent that such IitF gation involves an alleged defect. lien. encum brance Or other matter insured against by this policy. (b) The insured shell notify the Company promptly in writing (i) in case of any litigation as set forth in (e) above. (ii) in can knowledge shell come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage. as insured. and which might cause lop or damage for which the Company may be liable by virtue of this policy. or (iii) if title to the estate or interest or the lien of the insured mortgage. as insured. is rejected a unmarketable. If such Prompt notice shall not be given to the Company. then as to such insured ell liability of the Company shall: came and term F rate in regard to the matter or motion for which such prompt notice is required: provided, however. that failure to notify shell in no case Prejudice the rights of any such insured under this policy union the Company shell be Prejudiced by such failure and then only to the extent of such prejudice. (c) The Company .shell have the right at its .own cost to institute and without undue delay prosecute any action or Proceeding or to do any other act which in its opinion may necessary or desirable to establish the title to the estate or inter est or the lien of the insured mortgage. as insured: and the Company may take any appropriate action. whether or not it shell be liable under the terms of this policy.. end shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shell have brought any action or interposed a defense as required or permitted by the Provisions of this policy. the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right. in its tale discma tion. to appal from any adverse judgment or order. (e) In all cases where this policy permits or rat quires the Company to Prosecute or Provide for the defense of any action or Proceeding. the in- sured hereunder shell secure to the Company the right to so .prosecute or provide defense in such action or proceeding. and all appeals therein. and permit the Company to us.. at its option. the name of such insured for such purpose. Whenever rat quested by the Company. such insured shell give the Company. at the Company's expense. all reason- able aid (1) in any such action or proceeding in effecting settlement. securing evidence. obtaining witnesses. or Prosecuting or defending such .action or Proceeding, end (2) . in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate Or interest or the lien of the insured mortgage. a In: sured. including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Para graph 3 lb) of these Conditions and Stipulations. e proof of loss or damage. signed end mom to by the insured claimant shell be furnished to the Corn pony within 90 days after the insured claimant shell acortain or determine the facts giving rise to such lop or damage. Such proof of loss or damage shall describe the defect in. or lien or encumbrance on the title. or other matter Insured against by this policy which constitute the basis of lop ordarrt age, end, when appropriate. state the basis of calculating the amount of such lam or damage. Should such proof of lop or damage fail to state facts sufficient to enable the Company to determine its liability hereunder. insured claimant, at the written request of Company. shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of lap or damage shall have been furnished. Failure to furnish such proof of loss or damage shell terminate any liability of the Company under this Policy as to such lop or damage. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shell have the option to pay Or otherwim sattde for or in the name of an insured claimant any claim insured again". or to termi- nate all liability and obligations of the Company hereunder by Paying or tendering payment of the amount of insurance under this Policy together with any costs. attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In cep lop or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage. the Company shell have the further option to purchase such indebted- ness for the amount owing thereon together with all costs. attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein Provided. the owner of such indebtedness shall transfer end assign pid indebtedness and the mortgage and any collateral securing the some to the Company .upon payment therefor as herein Provided. Upon such offer being made by the Company. ell liability and obligations of the Com- Pony hereunder to the owner of the indebtedness secured by mid insured mortgage. other then the obligation to Purchase said indebtedness pursuant to this Paragraph. ere terminated. S- DETERMINATION. AND PAYMENT OF LOSS lei The liability of the Company under this policy shell in no can exceed the least of: (i) the actual lop of the insured claimant: or (ii) the amount of insurance stated in Schedule A. or. if applicable. the amount of in- surmce a defined in Paragraph 2 (e) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage. and provided said owner is the insured claimant, the amount of the unpaid Principal . of mid indebted- ness. Plus interest thereon. Provided such amount shell not include any additional Principal indebted- ness created subsequent to Date of Policy. except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay. in addition to any lop insured against by this policy. all costs its posed upon an insured in litigation carried on by r (Continued on inside back cover) Form No. 1084 — A CLTA Standard CoVerpo PuliCy Copyright — 1973 SCHEDULE A Total Fee for Title Search, Examination and Title insurance $ 407.25 Amount of Insurance: $ 1000000.00 Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: • THE STATE OF CALIFORNIA. Policy No. OF 1168483 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIA, by deed recorded April 22, 1975 in book 11382, page 1909 of Official Records. • 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. page 2 Form No. 1084 — a LTA Standard Coverage Policy Copyright — 1973 SCHEDULE B OR 1168483 Page 3 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining. claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. • 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See attached following pages for Part 'lino. OR 1168483 Page 4 1. A Perpetual Avigation easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby made for all particulars. (Said easement prohibits structures of 800 feet in height or more, to be erected on said land.) 2. Covenants, conditions, restrictions and limitations as contained in the deeds from The Irvine Company, recorded respectively April 22, 1975 in book. 11382, pages 1898, page 1909 of Official Records. • • OR 1168483 LJH:pb Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange,, partly in the City of Newport Beach, and is described as follows: Non - exclusive relocatable easements for vehicular pedestrian and bicycle ingress and egress purposes over those certain portions of Block 51 of Irvine's Subdivision as shown on a Map recorded in book 1, page 88 of Miscellaneous Maps, records of said County, which easements are more particularly described in deed to The State of.California, recorded • April 22, 1975 in book 11382, page 1909 of Official Records, as follows: PARCEL 1: An Easement for ingress and egress 30.00 feet wide, the Northwesterly line of which is described is follows: Beginning at the most Northerly corner of the land described in a deed to F. Roy Greenleaf, Jr., recorded in book 2207, page 196, Official Records of said County; thence along the Northwesterly boundary of said land the following described courses: 1. South 40° 37' 14" West 130.21 feet; 2. Southwesterly 146.52 feet along a 500.00 foot radius curve that is concave Northwesterly through an angle of 161 47' 23"; 3. South 579 24' 37" West 418.18 feet; 4. Southwesterly 89.50 feet along a 500.00 foot radius curve that is concave Southeasterly through an angle of 100 15' 20 " ;, 5. South 47° 09' 17" West 244.34 feet; 6. Southwesterly 19.61 feet along a 2080.00 foot radius curve that is concave Northwesterly through an angle of 09 321 25" to the most Westerly corner of said land and Point "A" here- inafter referred to. Excepting that portion lying, within Mesa Drive as shown on a Map of Tract No. 706, filed in book 21, page 25, Miscellaneous Maps, records of said County. OR 1168483 Page 6 The Southeasterly line of said easement shall terminate in the South- westerly boundary of said land of Greenleaf. PARCEL 2: An Easement for ingress and egress 30.00 feet wide, the Northwesterly line of which is described as follows: Beginning at Point "A" described in Parcel 1 above; thence Southwesterly 685.28 feet along a 2080.00 foot radius curve that is concave North- westerly through an angle of 18' 52' 3611, said carve being the continuation of the curve described in Course No. 6 described in Parcel 1 above. • The Southeasterly line of said easement is to be prolonged or shortened so as to terminate Northeasterly in the Southwesterly boundary of said Land of Greenleaf and Southwesterly in a line that bears South 69' 45' 06" East from the Southwesterly terminus of the Northwasterly line of said easement. PARCEL 3: An Easement for ingress and egress 30.00 feet wide, the Southwesterly and Westerly line being described as follows: Commencing at the most Easterly corner of the land described in a deed to Alvin S. Cox recorded in book 2039, page 225, Official Records of said County; thence 1. North 49' 22' 46" West 55.00 feet along the Northeasterly line of said land; thence • 2. South 40' 37' 14" West 30.00 feet to the MME POINT OF BEGINNING; thence 3. South 49' 22' 46" East 55.00 feet to an angle point in the boundary of said land; thence South l' 57' 38" West 622.05 feet along the Easterly boundary of Bald land and its South- erly prolongation. The Southerly terminus of said easement shall terminate in the following described.line• Beginning at the Southerly terminus of the Westerly line of said easement; thence South 88' 55' 23" East 11.52 feet; thence South 70' 40' 37" East. y kk r6�r 4R w s �O r h y O R ;O b � A X O YO� It �O O w ' O V 1 CWW= RAW a i from inside front cover) Company for such insured, and all costs, urneys' fees and expenses in litigation carried by such insured with the written authorization b:) When Ilia smuunt of Iris or damaaa has �n definitely fixed in accordance with the con - ons of this policy, the loss or damage shall be able within 30 days thereafter. LIMITATION OF LIABILITY No claim shell arise or be maintainable under ispolicy (a) if the Company, after having received rice of an alleged defect, lien or encumbrance iii red against hereunder, by litigation or other - IN, removes such defect, lien or encumbrance or ptablishesthe title, or the lien of the insured mort- ;sge, as inwred, within a reasonable time after feeipt of Such notice; (bl in the event of litigation ntil there has been a final determination by a sort of iftetent jurisdiction, and disposition of II appee refrom, adverse to the title or to the an of tit Insured mortgage, as insured, as pro- lded in paragraph 3 hereof; or (c) for liability oluntarily admitted or assumed by an insured without prior written consent of the Company. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay - rent made for costs, attorneys' fees and expenses, %all reduce the amount of the inwrance pro tanto; resided, however, if the owner of the indebtedness jcured by the insured mortgage is an inwred here nder, then wch payments, prior to the acquisition I title to said estate or interest as presided in aragreph 2 (a). of these Conditions and StiPula ons; shall not reduce pro tanto the amount of the Iwrance afforded hereunder as to any such in- tied, except to the extent that wch Payments. !duce the amount of the indebtedness Secured ,y wch mortgage. Payment in full by any person or voluntary rtisfaction or release of the inwred mortgage shall ;rminat dity of the Company to an inwred rvner oflWindebtedness Secured by the inwred tortgage, except a Provided in paragraph 2 (a) 'ereof. LIABILITY NONCUMULATIVE It is expressly understood that the amount of mrance under this policy, a to the insured owner I theestate or interest covered by this policy; shall D reduced by any amount the Company may pay rider any policy inwring (a) amortgage shown or iferred to in Schedule B hereof which is alien n the estate m interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an inwred which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount w paid shall be deemed a payment under ltue policy Thu Company shall have the option to apply %e the lovinanl of any Inbb nluntonga any amount that olherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this Policy and the amount w paid shall be deemed apayment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of wb- rogation shall vest in the Company unaffected by any act of the inwred claimant, except that the owner of the indebtedness secured by the inwred mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, w re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided wch act occurs prior to receipt by Such inwred of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the inwred mortgage and does not rewit in any loss of priority of the lien of the in- wred mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which Such insured claimant would have had against any person or property in respect to wch claim had this policy not been issued, and the Company is here- by authorized and empowered to we, compromise or settle in its name or in the name of the inwred to the full extent of the loss Sustained by the Com- pany. If requested by the Company, the inwred shall execute any and all documents to evidence the within wbrogation. If the payment does not cover the loss of Such insured claimant, the Com- PWY Shall be wbrogated to such rights and rams dies in the proportion which said payment bears to the amount of said low, but Such subrogation shall be in subordination to an insured mortgage If low should result from any act of Such insured claimant, Such act shall not void this policy, but the Com Party, in that event, Shall a to Such insured claimant be required to pay only that part of any losses inwred against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of wbrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse- ments and other instruments, if any, attached hare- to by the Company Is the entire policy and con - Uwt haiwean iho Insured and the Company. Any claim of hies of damage, whether dr not based on negligence, and which arlses out of the status of the lien of the Insured mortgage or of the title to the estate or interest covered hereby, or any action asserting wch claim, shell be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this Policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shell be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case Proof of Such loss or destruction shall be furnished to the satisfaction of the Company. 12, NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California. 92701, or to the office which issued this policy, _,....,..._.�, --z- -I- Form No. 1084 (10/73) Camornla Land Title Au0clation Standard Coverage PoIRY Form Copyright. 1973 sT Aa?ER � c 2 POLICY OF TITLE INSURANCE t`dSUED BY oR� ! r C, 6 SFPL-A First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE •INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at lebst one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or • b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company BY - n PRESIDENT ZL ATTEST i ^�. SECRETARY DEFINITION OF TERMS The following terms when used in this policy ears: (e) "insured": the insured named in Schedule and; .subject to any rights or defenses the Core. any may have hod against the named insured, lose who succeed to the interest of such insured r operation of law as distinguished from purchase cluding, but not limited to, heirs, distributses, da sees, survivors, personal representatives, next of n, or corporate or fiduciary successors. The term ! nsured" also includes fl) the owner of the indebt. Ines secured by the insured mortgage and each iocessor in ownership of such indebtedness (re, •riving, however, all rights and defenses as to any ich successor who acquires the indebtedness by mrstion of low as described in the first sentence this subparagraph (a) that the Company would we had against the .successor's transferor), and rther includes (ii) any governmental agency or istrumentality which is an insurer or .guarantor ider an insurance contract or guaranty insuring or iarantming said indebtedness, or any part thereof, hither named as an insured herein or not; and i) the w designated i paragraph 2 IeI of �ese C nseesi Stipulati ons: (b) red claimant ": an insured claiming rw or damage hereunder. (c) "insured lender": the owner of an insured iortgage. (d) "insured mortgage": a mortgage . shown in :hedule 8, the owner of which is named as an in- red in Schedule A. le) "knowledge": actual knowledge, not con. ructive knowledge or notice which may be imr coed to an insured by mown of any public records. (f) "land ": the land described, specifically or f reference in Schedule C, and improvements of- led thereto which by law constitute real property; ovided, however, the term "lend" does not in ude any area excluded by Paragraph No. 6 of at 1 of Schedule B of this Policy, (g) "mortgage": mortgage, deed of trust, ust deed, or other security instrument, (h) "public records ": those records which by N impart constructive notice of matters relating the le lei IMITINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSUREO LENDER If this policy insures the owner of the indebt- Ines secured by the insured mortgage, this policy all continue in force as of Date of Policy in favor such insured who acquires all or any part of the tote or interest in the lend described in Schedule by foreclosure, trustee's sale, conveyance in lieu - foreclosure, or other legal manner which dis- ierges the lien of the insu red mortgage, and if such �sured is a corporation, its transfereeof the estate interest so acquired, provided the transferee is e. parent or wholly Owned subsidiary of such in- red; and in favor of any governmental agency or strumentality which acquires all or any pert of the tote or interest pursuant to a contract of insur- se or guaranty insuring or guaranteeing the in- sbtednes secured by the insured mortgage. After ,y such acquisition the amount of insumme here- ider, exclusive of costs, attorneys' fees and ex- •nses which the Company may be obligated to iy, shall not exceed the least of: (i) the amount of insurance stated in :hedule A; (ii) the amount of the unpaid principal the indebtedness plus interest thereon, as deter- nod under paragraph 6 (e) (iii) hereof, expenses foreclosure and amounts advanced to protect s lien of the insured mortgage and secured by d insured mortgage at the time of acquisition of :h estate or interest in the land; or CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality, if such agarwy or instru- mentality is the insured claimant, In acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shell continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a our, chase money mortgage given by a purchaser from such insured, or so long as such insured shell have liability by reason of covenants of warranty made by such insured . in any transfer or conveyance of such estate or interest; provided, however, this Policy shall not continue in force in favor of any Purchaser from such insured of either said estate or interest or the indebtedness secured by apurchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE DF CLAIM TO BE GIVEN BY AN INSUREO CLAIMANT (a) The Company, at its own cost and without undue delay, .shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien; encum- brance or other matter insured .against by this policy. (b) The insured shall notify the Company promptly in writing. (i) in case of any litigation se set forth in (a) above, (ii) in case knowledge shell come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause low or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shell not be .given to the Company, then as to such insured all liability of the Company shell cease and termi- note in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no cow prejudice the rights of any such insured under this policy union the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its Own cyst to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter - ast or the lien of the insured mortgage, as insured; and the Company may take any appropriate anion, whether or not it shall be liable under the terms .of this Policy, and shall not thereby concede liability or waive any provision of this policy. Id) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole dial tion, to appeal from any adverse judgment or order: (e) In all cases where this policy permits or rs quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shell secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and Permit the Company to use, at in option, the name of such insured for such purpose. Whenever rs quested by the Company, such insured shell .give the Company, at the Company's . expense, ell reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses; or prosecuting or defending such action or proceeding; and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Pars graph 3 (b) of these Conditions and Stipulations, a proof of loss or damage, signed and mom to by the insured claimant shall be furnished to the Corry Pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such low or damage. Such proof of loss or damage shell describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of IOU or damn age, and, when appropriate, state the basis of calculating the amount of such loo or damage, Should such Proof of lose or damage fail to state facts sufficient to enable. the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall .accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished, Failure to furnish such proof of low or damage shall terminate any liability of the Company under this policy w to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ANO OPTIONS TO PURCHASE IN- OESTEONESS The Company shall have the option to pay or otherwise while for or in the name of an insured claimant any claim insured against, or to mimi- note all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' Islas and expenses in- curred up to the time of such payment or tender of payment by the insured claimant: and authorized by the Company, In.com Ion or damage is claimed under this policy by the Owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount Owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, If the Company off an to purchase said indebtedness in herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability and obligations of the Core, Party hereunder to the owner of the indebtedness secured by said insured mortgage, other then the obligation to purchase said indebtedness pursuant to this paragraph, are terminated, 8; DETERMINATION ANO PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no cases, exceed the least of: (i) the actual low of the insured claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance in defined in paragraph 2 la) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said Owner is the insured claimant, the amount of the unpaid principal of said indebted. mess, plus interest thereon, provided such amount shall not include any additional principal indebted- ness created .subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any low insured against by this policy, all costs imr Posed upon an insured in litigation carried on by (Continued an inside back cover) Form No. 1084 — A CLTA Standard Coverage PCllcy Cooyriyht 1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance AmountofInsurance: $ 100,000.00 Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: Policy No. OR- 1168486 —A • THE STATE OF CALIFORNIA, by deed recorded April 22, 1975 in book 11382, page 1915 of Official Records. 2. The estate or interest referred to herein is at Date of Policy vested in: THE STATE OF CALIFORNIA, by dead recorded April 22, 1975 in book 11382, page 1915 of Official Records. • 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 Form No. 1084 — B CLTA standard .Coverage Policy Copyright — 1973 OR- 1168486 -A SCHEDULE B Page 3 This policy does . not insure against loss or damage; nor against cogh ; ittorneys' fees or expenses, any or all of which aria* by renwin of the following: . . Part One: 1: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. • 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.. 5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred.to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and .zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the • effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See attached following pages for Part Two. OR- 1168486 -A Page 4 1. A Perpetual avigation easement in and through the air above the herein described land and adjacent land as conveyed to the County of Orange, by The Irvine Company, by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, under the terms and conditions as therein provided. 2. Conditions and Covenants, as to the use, occupancy and control of the herein described easements, by grantor and grantee and rights reserved by the grantor with respect to the use of the servient tenements and the construction repair and maintenance of utilities thereon all as contained in the deed from The Irvine Company to the vestee herein, recorded April 22, 1975 in book 11382, page 1915 of Official Records. • • OR- 1168486 -A LJH:slp Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of Newport Beach, and is described as follows: Non - exclusive relocatable easements for vehicular, pedestrian and bicycle ingress and egress purposes over the following described property: Parcel 1 (Orchard Drive): That portion of Block 51, Irvine's Subdivision, as shown on a map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, described as follows: An Easement for ingress and egress 30.00 feet wide, the Northeasterly and Easterly line of which is described as follows: Beginning at the Southeasterly terminus of the center line of Orchard Drive as shown on a map of Tract No. 1507 filed in Book 51, page 15, Miscellaneous Maps, records of said County, being an angle point in the boundary of the land described in a deed to the Costa Mesa Union School District, recorded in Book 3519, page 598, Official Records of said County; thence from a tangent that bears South 49° 23' 05" East; 1. Southeasterly 205.96 feet along a 350.00 foot radius curve said boundary that is concave Southwesterly through an angle • of 330 43' 00" thence 2. South 15° 40' 05" East 568.35 feet along said boundary and the Southerly prolongation thereof to the beginning of a curve concave Easterly and having a radius of 250.00 feet; thence 3. Southerly 29.87 feet along said curve through an angle of 6° 50' 47 "; thence 4. South 220 30' 52" East 162.46 feet. The Westerly line of said easement shall terminate in a line that bears South 640 25' 17" West from the Southerly terminus of the Easterly line of said easement. Parcel 2 (North Star Beach): An easement over that portion of Block 53, Irvine's Subdivision, as shown on a map filed in Book 1, page 88, Miscellaneous Maps, records of said County, described as follows: OR- 1168486 -A Page 6 Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No. 4224, as per map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County; thence along said boundary the following described courses: 1. North 45° 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90* 00' 00 "; 3. North 45° 21' 40" West 60.00 feet; 4. North 44° 38' 20" East 487.52 feet; 5. North 560 00' 00" West 49.94 feet; 6. North 510 23' 24" East 71.00 feet; 7. North 430 05' 44" East 72.38 feet; 8. North 340 55' 00" East 78.24 feet; 9. North 540 28' 12" East 144.11 feet; 10. North 680 23' 00" East 214.41 feet; 11. North 870 39' 32" East 364.50 feet; 12. South 740 08' 02" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary 13. South 160 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 800 02' 37" West 152.20 feet; 15. South 870 32' 32" West 164.98 feet; 16. South 820 17' 13" West 209.11 feet; 17. South 590 23' 39" West 213.64 feet; 18. South 320 52' 42" West 725.03 feet to the point of beginning. Parcel 3 (Constellation Drive): A relocatable easement 30.00 feet wide for vehicular ingress and egress, pedestrian and bicycle trail purposes over that portion of Block 52, Irvine's Subdivision, as shown on a map filed in Book 1, page 88, Miscel- OR- 1168486 -A Page 7 laneous Record Maps, records of said County, the Southeasterly and Southerly line being described as follows: Beginning at the most Easterly corner of Constellation Drive as shown on a map of Tract No. 4224, filed in Book 157, pages 1 through 14, Miscel- laneous Maps, records of said County; thence North 400 40' 01" East 29.50 feet along the boundary of said Tract to the beginning of a curve therein concave Southeasterly and having a radius of 170.00 feet; thence Northeasterly 114.23 feet along said curve through an angle of 38° 30' 0011; thence leaving said boundary North 79° 10' 01" East 323.01 feet to the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said County. • The Northerly line of said easement shall terminate Easterly in said Ordinary High Tide Line. Parcel 4 (Mariners Drive): An easement described as follows; Beginning at the Northwesterly terminus of the center line of Mariners Drive as shown on a map of Tract No. 4224, in Book 157, pages 1 through 14, Miscellaneous Maps, records of said County, being in boundary of said Tract; thence 1. North 69° 51' 31" East 30.00 feet along said boundary; thence 2. North 20° 08' 29" West 73.28 feet to the beginning of a curve concave Southwesterly and having a radius of 50.00 feet; • thence 3. Northwesterly 88.61 feet along said curve through an angle of 1010 32' 13 "; thence non - tangent 4. South 20° 08' 29" East 122.27 feet to said boundary; thence 5. North 69° 51' 31" East 30.00 feet along said boundary to the point of beginning. � i' 2 ¥ � § % O � % Q9 q • K� � ^ \ . � $l }3 \} � - t . °ago V � � m« |� - �- k .� ,.. as � JA � h r` lujy Ell M I at to t z . o / IL r Jg it w M ♦ .. �m / �� e d M / 4' S , OL 10 �L 2 \ �. _ � O�� SDI � • .:A`,: �. '• of i W is 4 (Continued from inside front cover) the Company for such insured, and all costs. attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance is sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom.. adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured thout prior written consent of the Company. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs. attorneys' fees and expenses. shall reduce the amount of the insurance pro tanto; provided. however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula lions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage $hall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE Wt is expressly understood that the amount of once underthis policy, as to the insured owner of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy. CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the./otate or interest described or referred to in Schedule A. and the amount so Paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cov. ered by this policy and the amount so paid shall be deemed apayment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any pen thereof. 10. SUBROGATION UPON PAYMENT OR . SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy. all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the Personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment. or re� lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Comi pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said Ions, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Com, pony, in that event, shall as to such insured claimant be required to pay only that Part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse- ments and other instruments, if any, attached here- to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby. or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment ua less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES. WHERE SENT All notices required to be given the Company and any statement in writing required to be fur, nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana. California. 92701. or to the office which issued this policy, S j A M E .Form No. 1084(10%73) California Land Title Association 1 Standard Coverage Policy Form .` Copyright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said Insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, . in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a, usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company PRESIDENT ATTEST SECRETARY DEFINITION OF TERMS The following terms when used in this policy (a) "insured ": the insured named in Schedule A. and, subject to any rights or defenses the Com- ity may have had against the named insured, hose who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees,.de- isees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re- serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof; whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these C he ns and Stipulations. (b) red claimant': an insured claiming loss or hereunder. (c) "insured lender': the owner of an insured ! mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. (e) "knowledge": actual knowledge. not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) 'land ": the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real property; provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. ig) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records': those records which by low impart constructive notice of matters relating to the land. 2. (a) NTINUATION OF INSURANCE OTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt. edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any part of The estate or interest pursuant to a contract of insur. ance or guaranty insuring or guaranteeing the in. debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under, exclusive of costs, attorneys' fees and ex- penses which the Company may be obligated to Pay, shall not exceed the least of: (1) the amount of insurance stated in Schedule A; (i if the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- mined under paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and seared by mid insured mortgage at the time of acquisition of such estate or interest in the land; or CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur. chase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided; however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, .lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the :title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii). if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination.. by a court of competent jurisdiction and expressly reserves the right, in its sole discre- lion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever re- quested by The Company, such insured shall give the Company, at the Company's expense, all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS. OR DAMAGE — LIMITATIONOF ACTION In addition to the notices required under Para graph. 3 (b) of these. Conditions and Stipulations, a proof of low or damage, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage.. Such proof of low or damage shall describe the defect in; or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall . furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage: shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise :settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering .payment of the amount of insurance under this policy together with any costs; attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- new for the amount owing thereon together with all casts, . attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness . shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein Provided. Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of:. G) the actual lam of the insu red claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- new, plus interest thereon, provided such amount shall not include any additional principal indebted- new created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby, (b) The Company will pay, in addition to any low insured against by this policy, all costs im- posed upon an insured in litigation carried on by (Contilhued on inside back cover) For.,, Nu. 10544 A COPY OF POLICY No. OR- 1168484 CLTA ght - Standard Coverage Pohcv ADDITIONAL LIABILITY ASSUMED Copv��Bht - 1973 SCHEDULE A DUPLICATE ORIGINAL Total Fee for Title Search, Examination and Title Insurance S. 168.50 Amount of Insurance: $ 25,000.00 Policy No. OR- 1168484 Date of Policy. April 22, 1975 at 8:00 A. M. 1. Name. of Insured: COUNTY OF ORANGE, a body politic and corporate, and the • CITY OF NEWPORT BEACH, a municipal corporation. • 2. The estate or interest referred to herein is at Date of Policy vested in: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 Form No. 1064 B 1:1. r A Wo(W or J 6uvvrv9s Py IIcy G.PY /lgnr - 1914 DUPLICATE ORIGINAL SCHEDULE B OR- 1168484 Page 3 This policy does not insure against loss or damage, nor against costs, attorneys" fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes ur assessments which are not shown as existing lieu by the records of any taxing authority that levies taxes or assessments on real property or by the public records.. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph • shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public. records. 9. Defects, liens,, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: • 1. A Perpetual Avigation easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company by deed recorded March 17, 1964 in Book 6965, page 721 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby made for all particulars. (Said — easement prohibits structures of 800 feet in height or more, to be erected on said land.) 2. The Fact that the State of California was granted a non - exclusive, relocatable easement, for vehicular, pedestrian and bicycle ingress and egress purposes under the same conditions as the grant herein insured all as contained in the deed from The Irvine Company, recorded April 22, 1975 in book 11382, page 1915 of Official Records. 3. Conditions and covenants as to the use occupancy and control of the herein described easement by grantor and grantee and rights reserved by the grantor with respect to the use of the servient tenement and the construction repair and maintenance of utilities thereon all as contained in the deed from The Irvine Company to the vestees herein recorded April 22, 1975 in book 11382, page 1948 of Official Records. DUPLICATE ORIGINAL OR- 1168484 LJH:lcg Page 4 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of Newport Beach, and is described as follows: (Constellation Drive) A Relocatable easement 30.00 feet wide for emergency vehicle ingress and egress, pedestrian and bicycle trail purposes over that portion of Block 52, Irvine's Subdivision, as shown on a Map recorded in book 1, page 88, • Miscellaneous Maps, records of said County, the Southeasterly and South- erly line being described as follows: Beginning at the most Easterly corner of Constellation Drive as shown on a Map of Tract No. 4224, filed in book 157, pages 1 through 14, Miscel- laneous Maps, records of said County; thence North 40 ° 40' 01" East 29.50 feet along the boundary of said Tract to the beginning of a curve therein concave Southeasterly and having a radius of 170.00 feet; thence Northeasterly 114.23 feet along said curve through an angle of 38° 30' 00"; thence leaving said boundary North 79° 10' 01" East 323.01 feet to the ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said County. The Northerly line of said easement shall terminate Easterly in said Ordinary High Tide Line. • (Continued from inside front coves) the Company for such insured, and all costs. attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. Ic) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this Policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by .a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as Pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured 0out prior written consent of the Company. th REDUCTION OF INSURANCE; TERMINA- TION. OF LIABILITY All payments under this policy, except Pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance Pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments . reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured .owner of the indebtedness ' secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE kt is expressly understood that the amount of rance underthis policy, as to the insured owner of theestate or interest covered by this policy, shall be reduced by any amount the Company may Pay under any policy insuring la) a mortgage shown or referred to in :Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the4mate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a Payment under this Policy. The Company shall have the option to apply to the Payment of any such mortgage any amount that otherwise would be payable hereunder to the inwred owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this Policy to mid insured owner. The provisions of this Paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON .PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the Priority of the lien of the insured mortgage and does not raw It in any loss of priority of the lien of the in- sured mortgage, The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here by authorized and empowered to sue, compromise or settle in its name or in the name .. of the insured to the full extent of the loss sustained by the Conn party. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse meets and other instruments, if any, attached here to by the Company is the entire Policy and con - tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana. California, 92701, or to the office which issued this policy. l ✓� Form No. 1084 (10/73) California Land Title Association Standard Coverage Policy Form COOYrlght 1973 51 AM1:R Q c 1 r .1- POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy • shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; • 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 9Y v PRESIDENT ATTEST bde; 7 � �.. SECRETARY DEFINITION OF TERMS The following terms when used in this Policy mean: (a) "insured the insured named in Schedule A, and, .subject to any rights or defenses the Com- pany may have hod against the named insured, those who succeed to the interest of such insured by operation of law es distinguished from purchase including; but not limited to, heirs, distributees, ds visees, survivors, Personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebt- adness secured by the insured mortgage and each successor in ownership of such indebtedness (re- serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have hod against the successor's transferor), and further includes (ill any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any Part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these . rtions and. Stipulations. lb nsured claimant ": an insured claiming loss or rage hereunder. (c) "insured lender ": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. (e) "knowledge": actual knowledge, not codr structive knowledge or notice which may be im- puted to an insured by reason of any Public records. (f) "land ": the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real Property; provided, however, the term "land" does not irr clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "Public records ": those records which by law Import constructive notice of matters relating to the lend. 2. (CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this Policy insures the owner of the indebt- edness secured by the insured mortgage, this Policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure. trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corpomion, its transferee of the estate or interest so acquired, provided the transferee is the Parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any pert of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under. exclusive of costs. attorneys' fees and ex- penses which the Company may be obligated to pay, shell not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid Principal of the indebtedness Plus interest thereon, as deter- mined under Paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to Protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or CONDITIONS AND STIPULATIONS (iii) the amountpaid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The .coverage of this policy shall continue in force as of Date of Policy, in favor of an Insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a Pur- chase money mortgage given by a Purchaser from such insured, or so long in such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shell not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS —NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company. at its own cost and without undue delay. shall Provide for the defense of an insured in litigation to the extent that such liti- gation involves an alleged defect, lien, encurrr bronco or other matter insured against by this Policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above. (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or 610 if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such Prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi note in regard to the matter or matters for which such Prompt notice is required; Provided, however, that failure to notify shall in no case Prejudice the rights of any such insured under this Policy unless the Company shall be Prejudiced by such failure and then only to the extent of such Prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this Policy, and shall not thereby concede liability or waive any provision of this Policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the Provisions of this Policy. the Company may Pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy Permits or ra- quires the Company to Prosecute or provide for the defense of any action or proceeding, the itr sured hereunder shell secure to the Company the right to so prosecute or Provide defense in such action or proceeding, and oil appeals therein. and permit the Company to use, at its option, the name of such insured for such Purpose. Whenever re- quested by the Company, such insured shell give the Company. at the Company's expense, oil reason- able aid (1) in any such action or Proceeding in effecting settlement. securing evidence, obtaining witnesses. or Prosecuting or defending such action or proceeding. and (2) in any other act which in the opinion of the Company may be necevery or desirable to establish the title to the estate or interest or the lien of the insured mortgage, in lo- sured, including but trot limited to .executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Pars graph 3 (b) of these Conditions and Stipulations, e proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the .insured claimant shell ascertain or determine the facts giving rise to such loss or damage. Such Proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss ordem- age, and, when appropriate, state the basis of calculating the amount of such loss or damage.. Should such Proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shell furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such Proof of loss or damage shall have been furnished. Failure to furnish such Proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. y. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering Payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses irr currod up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the Owner of the indebtedness secured by the insured mortgage. the Company shall have the further option to Purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to Purchase said indebtedness as herein Provided, the owner of such indebtedness shell transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein Provided. Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to Purchase said indebtedness pursuant to this Paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or 60 the amount of insurance stated in Schedule A, or, if applicable. the amount of in- surance as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- ness. Plus interest thereon. provided such amount shall not include any additional principal indebted- new created subsequent to Dote of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay. In addition to any loss insured against by this policy, all costs im- posed upon an insured in litigation carried on by (Continued on inside back cover) Form No. 1084 A CLTA Scan J.1d Coverage Poliig Copyright 1973 DUPLICATE ORIGINAL Amount of Insurance: $ Date of Policy: 1. Name of Insured: COPY OF POLICY NO. OR- 1168485 ADDITIONAL p BIkITY ASSUMED Total Fee for Title Search, Examination and Title Insurance S 168.50 25,000.00 Policy No. OR- 1168485 April 22, 1975 at 8:00 A. M. COUNTY OF ORANGE, a body politic and corporate and the CITY • OF NEWPORT BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: • COUNTY OF ORANGE, a body politic and corporate and the CITY OF NEWPORT BEACH, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: An Easement. Page 2 Form No. 1084 — B CLTA standard Coverage Policy coavrlght - 1974 DUPLICATE ORIGINAL SCHEDULE B OR- 1168485 Page 3 This policy does not insure against loss . or damage, nor against costs, attorneys' fees . or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph • shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (bl not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: . 1. A Perpetual Avigation easement in and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company, by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby made for all particulars. (Said easement prohibits structures of 800 feet in height or more, to be erected on said land.) 2. Conditions and covenants as to the use, occupancy and control of the herein described easement, by grantor and grantee, and rights reserved by the grantor with respect to the use of the servient tenement and the construction, repair and maintenance of utilities thereon all as contained in the deed from The Irvine Company, to the vestees herein recorded April 22, 1975 in book 11382, page 1936 of Official Records. DUPLICATE ORIGINAL OR- 1168485 LJH:j1 Page 4 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, and is described as follows: A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes over that portion of Lot 2 of Tract No. 1125, as shown on a map recorded in book 39, pages 7 and 8 of Miscellaneous Maps, the Southeasterly line of which is described as follows: Beginning at the Southwesterly corner of Lot D, Tract No. 4224, as per map filed in book 157, pages 1 through 14, Miscellaneous Maps -, records of said County; thence North 28° 00' 00" East 49.58 feet along the Northwesterly line of said Lot D. The Northwesterly line of said easement is to be prolonged Southwesterly so as to terminate in the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. • (Continued from inside front cover) the Company for such insured, and all costs. attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has haen definitely fixed in accordance with the con - duions of thls policy, the lose or damage shall oe peyahta within. 30 days thgoodfler. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; lb) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured with rtor written consent of the Company. B. RR TION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tento the amount of the insurance afforded hereunder w to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. #LITY NONCUMULATIVE I xpressly understood that the amount of insurance underthis policy, as to the insured owner of theestate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (al a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this Policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to tiro insured owner of the estate or interest cov- ered by this policy dad the emuuot No peld shall Ue deemed apayment under this policy to said Insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to mid estate or interest in satisfaction: of said indebtedness or any part thereof. 10, SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shell vest in the Company unaffected . by any act of the insured claimant, except that the owner of the indebtedness . secured by the insured mortgage may releme or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtednew, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage . and does not result in any loss of priority of the lien of the in sured mortgage. The Company shall be subrogatod to and be entitled to all rights and remedies which such insured claimant would have had against any Person or property in respect to such claim had this Policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Cot, pony. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment boas to the amount of said low, but such subrogation shall be in subordination to an insured mortgage. If low should result from any act of such insured claimam, such act shall not void this policy, but the Com- Pany, in that event, shalt as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITEO TO THIS POLICY This instrument together with all endorse ments and other instruments, if any, attached here to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which aniadi out of the ofatui of the Ilan of tha Intruded otollflop or of the title to the tatata or Interest covered hereby, or any action smarting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this Policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment :shell be made without producing this policy for endorsement of such payment on- law the policy be lost or destroyed, in which case proof of such lose or destruction shall be furniahad to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur. nished the Company shall be addressed to it at its home office at 421 North Mein Sireet, Santa Ana, California, 92701, or to the office which issued this Policy. Form Nd. 1d94 (lb/73) Q-S C California Land Title Association �,` zr Z Standard Coverage Policy Form COPYright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 9Y �.✓ ' !/ PRESIDENT ATTE5T C/ ' Xs- SECRETARY B v J[ J G DEFINITION OF TERMS The following terms when used in this Policy (a) "insured ": the insured named in Schedule and, Subject to any rights or defenses the Com- ny may have had against the named insured, ow who succeed to the interest of such insured operation of law as distinguished from purchase cluding, but not limited to, heirs, distributees, de- sees, survivors, Personal representatives, next of in, or corporate or fiduciary successors. The term insured" also includes (i) the owner of the indebt- ness Secured by the insured mortgage and each ccessor in ownership of such indebtedness (re- rving, however, all rights and defenses as to any ch successor who acquires the indebtedness by peration of law as described in the first sentence f this subparagraph (a) that the Company would eve . had against the successor's transferor), and urther includes (iii any governmental agency or nstrumentality which is an insurer or guarantor nder an insurance contract or guaranty insuring or guaranteeing said indebtedness , or any partthereof, hether named as an insured herein or not, and (iii) the Parties designated in paragraph 2 lal of these Cons and Stipulations. (b) red claimant ": an insured claiming loss or damage hereunder. (c) "insured lender ": the owner of an insured CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality, if such agency or instru. mentality Is the Insured claimant, In acquisition of such estate or Interest in satisfaction of Its incur- once: contract or guaranty. (b) AFTER NU CONVEYANCE INSURANCE RTITLE mortgage. (d) "insured mortgage": a mortgage shown in Schedule H, the owner of which is named as an in- sured in Schedule A. (e) "knowledge ": actual knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) "land ": the land described, specifically or by reference In Schedule C, and improvements of- fixedthereto which by law constitute real property: provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Part I of Schedule B of this Policy (g) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (h) "Public records": those records which by law impart constructive notice of matters relating to the 2. W ONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENOER If this policy insures the owner of the indebt- ednes. secured by the insured mortgage, this Policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of :foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation. its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in. sured: and in favor of any governmental agency or instrumentality which acquires all or any Part of the estate or interest pursuant to a contract of insur- ance or .guaranty insuring or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under, exclusive of costs. attorneys' fees and ex- penses which the Company may be obligated to pay, shall not exceed the least of: (i) the amount of insurance stated i Schedule A; Interest or the lien of the insured mortgage, 0 in- sured, including but not limited to executing cor- rective or other documents. 4, ROOF OF LOSS DAMAGE FS ACTION In addition to the notices required under Pare - aph 3 (b) of these Conditions and Stipulations, a roof of loss or damage, signed and sworn to by the nsurad claimant shall be furnished to the Com- pany within 90 days after the Insured claimant shall ascertain m ge' Such Proof of low orgdamage such loss or damage. hall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age and , When appropriate, state the basis of c Bic ulating the amount . of Such loss or damage . Should Such Proof of loss or damage fail to state facts Sufficient to enable the Company to determine its liability hereunder, insured ' claimant, at the written request of Company, shall furnish Such additional information as may reasonably be necessary to make Such determination. No right of action shall accrue to insured claimant until 30 days after Such proof of low or damage shall have been furnished. Failure to furnish such proof of low or damage shall terminate any liability of the Company under this Policy as to such low or damage. 5. CLAIMS A O OPT ONS TO URICHASE INE OEBTEONESS The Company shall have the option to pay or Otherwise settle for or in the name of an Insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this Policy together with any costs, attorneys' fees and expenses in curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case low or damage is claimed under this policy by the owner of the indebtedness secured bythe insured mortgage, the Company shall have the further option to purchase such indebted- ness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to Pay . If the Company offers to purchase said indebtedness as herein provided , the owner of Such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, Oil liability and obligations of the Com- pany hereunder to the owner of the indebtedness Secured by said insured mortgage, other then the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual lo% of the inw red claimant; The coverage of this policy shall continue in P force as of Date of Policy, In favor of en insured w i long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured, or so long as such insured shall have s liability by reason of coyenants of warranty made by such insured in any transferor conveyance eths such estate or interest: Provided, policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to Such insured. 3 ACTIONS — NOTICE OF PROSECUTION TO OF BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of on insured in litigation to the extent that Such liti- gation involves an alleged defect, encum- brance or other matter insured against by policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in (a) above, (iii in case knowledge shall come to an insured. hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this Policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured. is rejected as unmarketable. If such Prompt notice shall not be given to the Company, then as to Such 'insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which Such prompt notice is required: Provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unles the Company shall be prejudiced by Such failure and then only to the extent of Such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this Policy, and shall not thereby concede liability or waive any Provision of this Policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the Provisions of this Policy, the Company may pursue any Such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re, quires the Company to prosecute or Provide for the defense of any action or proceeding, the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and n .permit the Company to use, at its option, the name of such insured for such Purpose. Whenever re- quested by the Company, such insured shall give all reason (i i) the amount of the unpaid principal of the indebtedness Plus interest thereon, as deter- mined under paragraph (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said Insured mortgage at the time of acquisition of Such estate or Intl rest inrthe land; or the Company, at the Company S xPense. able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in surance as defined in paragraph 2 (a) hereof: or (iii) if this Policy insures the owner of the indebtedness secured by the insured mortgage. and provided said owner is the insured claimant, the amount of the unpaid Principal of said indebted tress, Plus interest thereon, Provided such amount shall not include any additional principal indebted- new created Subsequent to Date of Policy. except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any low insured against by this Policy. all costs I - posed upon an insured in litigation carried on by 1Continued on inside back cover) • rut;n n COPY OF POLICY &0. OR- 1164s4" C L.1r. Sland„rd covo,.,y� r'4311� ;v NO ADDITIONAL LIABILITY ASS%= conv�IDh+- 1973 SCHEDULE A DUPLICATE ORIGINAL Total Fee for Title Search, Examination and Title Insurance $ 499.25 Amount of Insurance: $ 75,000.00 Policy No. OR- 1168486 Date of Policy: April 22, 1975 at 8:00 A. M- 1 . Name of Insured: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEAM, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: A Fee. Page 2 furm No. 1084 -- B GLTA Standard Covvaga PoIIcY CoPyri9nt — 1974 DUPLJ ft1GINAL OR-11168486 Page 3 This policy does not insure against loss or damage, nor against costs, attorneys" fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a .public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining Claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (cl water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph • shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. B. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise . excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: • 1. A Perpetual Avigation easement in and through the air above the herein described and other land, as conveyd to the County of Orange by The Irvine Company by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby made for all particulars. (Said easement prohibits structures of 800 feet in height or more, to be erected on said land.) 2. An Easement affecting Parcel 1 for flood control and water conservation purposes for the Santa Isabel Channel within a strip of land 70 feet wide, described as Parcel 101 in a dead from The Irvine Company to the Orange County Flood Control District recorded August 21, 1973 in book 10853, page 59 of Official Recorde, under the terms, conditions and subject to the reservations in favor of the grantor therein. DUPLICATE ORIGINAL OR,1168486 Page 4 3. A Non - exclusive relocatable easement for vehicular pedestrian and bicycle ingress and egress over the land reserved in Parcel 3, and over land lying Southerly and contiguous to the most Southerly part of Parcel 2 at an extension of Mariners Drive as said Drive is shown on the map of Tract No. 4224, recorded in book 157, pages 1 and following of Miscellaneous Maps, Orange County, under the conditions and covenants as to the use, occupancy and control of such easement by the grantor and grantee, and the rights reserved by the grantor with respect to the use of the servieat tenement and the construction, repair and maintenance of utilities thereon, all as contained in the deed from The Irvine Company to the State of California recorded April 22, 1975 in book 11382, page 1915 of • Official Records, 4. The Condition subsequent that the herein described land is to be used only for public park purposes compatible with an ecological reserve and /or wildlife refuge upon the conditions as contained in the deed from The Irvine Company, recorded April 22, 1975 in book 11382, page 1923 of Official Records, • DUPLICATE ORIGINAL OR- 1168486 LJH:bg Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of Newport Beach, and is described as follows:. Those portions of Blocks 4, 52 and 53 of Irvine's Subdivision as shown on a map recorded in book 1, page 88 of Miscellaneous Maps, records of • Orenge County, California, PARCEL 1: Beginning at Station No, 76 of the ordinary High Tide Line as described in the f4A41 deC ;eq e4te ;e4 iu Cage No, 20436 Superior Court of said Oro:ge County; tbouGe 19 South OR 241 5211 nest 610,81 feet along said Ordinary High Tide Liae to Station No, 77 thereof; thence 2. South 31° 37' 12" East 430.16 feet along said Ordinary High Tide Line; thence 3. South 45° 001 00" West 46.71 feet; thence • 4. North 41° O1' 42" West 236.35 feet; thence 5. North 324 51' 26" West 352.96 feet; thence 6. North 29° 39' 35" West 287.27 feet; thence 7. North 129 451 46" West 305.55 feet; thence B. North 40 04' 26" West 351.89 feet; thence 9. North 9° 55' 34" West 90.20 feet to a point on the Southeasterly right of way line of Irvine Avenue, 100.00 feet wide, as described in a deed to the City of Newport Beach recorded in book 8603, page 885, said Official Records, said point on a curve concave Southeasterly and having a radius of 500.00 feet, a radial to said Point bears North 520 04' 24" West; thence 10. Northeasterly 22.64 feet along said curve through an angle of 20 351 40 "; thence DUPLICA,TE.ORIGLNAL OR-1168486 Page 6 11. North 40' 31' 16" East 160.90 feet along said right of way line; thence 12. South 0' 21' 11" West 212.70 feet; thence 13. South 9' 07' 34" East 126.10 feet; thence 14. South 31' 41' 41" East 127.48 feet to a point that is North 54' 13' 20" West 250.95 feet from the point of beginning; thence; • 15. South 54' 13' 20" East 250.95 feet to the point of beginning. PARCEL 2: Beginning at a point in the Easterly line of Lot 47, Tract No. 4224, as per map filed in book 157, pages 1 through 14 of Miscellaneous Maps, records of said County, said point being North 12' 00' 06" West 23.74 feet along said line from the Southeast corner of said lot; thence 1. North 12' 00' 06" West 136.30 feet along said line and the East line of Lot 46, said Tract No. 4224, to the Northeast corner of said Lot 46; thence 2. North 77' 33' 39" East 84.52 feet; thence 3. South 46' 35' 28" East 50.93 feet; thence . 4. South 77° 44' 07" East 23.54 feet; thence 5. North 84' 48' 20" East 55.23 feet; thence 6. South 47' 24' 48" East 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 7. South 200 08' 29" East 134.86 feet to a point of cusp with a tnagent curve concave Southerly and having a radius of 50.00 feet; thence B. Westerly 88.61 feet along said curve through an angle of 101' 32' 13 "; thence non - tangent 9. North 20' 08' 29" West 45.66 feet; thence 10. South 84' 001 21" West 171.41 feet to the point of beginning. DUPLICATE ORIGINAL PARCEL 3: OR- 1168486 Page 7 Beginning at Station 109 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station begin in the boundary of Tract No 4224, as per map filed in book 157, pages 1 through 14, Miscellaneous Maps, records or said County; thence along said boundary the following described courses: 1. North 45' 21' 40" West 114.37 feet; 2. Northerly 23.56 feet along a 15.00 foot radius curve that is concave Easterly through an angle of 90' 00' 00 "; 3. North 45' 21' 40" West 60.00 feet: 4. North 44' 38' 20" East 487.52 feet; 5. North 56' 00' 00" West 49.94 feet; 6. North 51' 23' 24" East 71.00 feet; 7. North 43' 05' 44" East 72.38 feet; 8. North 34' 55' 00" East 78.24 feet: 9. North 54' 28' 12" East 144.11 feet; 12. South 74' 08' Q2" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary 13. South 16' 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 80' 02' 37" West 152.20 feet; 15. South 87' 32' 32" West 164.98 feet; 16. South 82' 17' 13" West 209.11 feet; 17. South 59' 23' 39" West 213.64 feet; 18. South 32' 52" 42' West 725.03 feet to the point of beginning. 10, North 68' 23' 00" East 214.41 feet; 11. North 87' 39.' 32" East 364.50 feet; 12. South 74' 08' Q2" East 124.04 feet to the Southwesterly corner of Lot 80 of said Tract; thence leaving said boundary 13. South 16' 16' 54" West 100.14 feet, more or less, to said Ordinary High Tide Line; thence along said Line the following described courses: 14. North 80' 02' 37" West 152.20 feet; 15. South 87' 32' 32" West 164.98 feet; 16. South 82' 17' 13" West 209.11 feet; 17. South 59' 23' 39" West 213.64 feet; 18. South 32' 52" 42' West 725.03 feet to the point of beginning. DUPLICATE ORIGINAL OR- 1168486 Page 8 Excepting from Parcels 1 to 3 above, all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons by whatsoever name known that may be within or under said land, without however, any right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the herainabove described land, as reserved in the deed from The Irvine Company, recorded April 22, 1975 in book 11382, page 1923 of Official Records. \J n LJ Continued from inside front cover) he Company for such insured, and all costs, storneys' fees and expenses in litigation carried in by such insured with the written authorization If the Company. IcI When the amount of loss or damage has an definitely fixed in accordance with the con - itions of this policy, the loss or damage shall be ayable within 30 days thereafter. LIMITATION OF LIABILITY No claim shall arise or be maintainable under policy (a) if the Company, after having received .ice of an alleged defect, lien or encumbrance in- ad against hereunder, by litigation or other - a, removes such defect, lien or encumbrance or lblishes the title, or the lien of the insured mort- e, as insured, within a reasonable time after eipt of such notice; (b) in the avant of .litigation til there has been a final determination by a rrt of competent jurisdiction, and disposition of appeals therefrom, adverse to the title or to the t of the insured mortgage, as insured, as pro- ad in paragraph 3 hereof; or (c) for liability untard admitted or assumed by an insured :hour written consent of the Company. REDUCTION OF INSURANCE: TERMINA- TION OF LIABILITY All payments under this policy, except pay - ent made for costs, attorneys' fees and expenses, all reduce the amount of the insurance pro tanto; rovided, however, if the owner of the indebtedness cured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the 'insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIA�TY NONCUMULATIVE It i ressly understood that the amount of insurance under this policy, as to the insured owner of theestateor interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (bl a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cow ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shell vest in the Company unaffected by any act of the insured claimant; except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this Policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Con, party. It requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said Ions, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11, LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse ments and other instruments, if any, attached here- to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author. ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be fur. nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy. Form No. 1084 (10/7 3) California Land Title Association Standard Coverage Policy Form COPYright 1973 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company rl 3 SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Dateof Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, • attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said Insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein:. 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; • 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 6Y �./ PRESIDENT ATTEST SECRETARY B _ . OEFINITION OF TERMS The following terms when used in this Policy ean: (a) "insured ": the insured named in Schedule and, subject to any rights or defenses theCom- ny may have had against the named insured, ose who succeed to the interest of such insured operation of law as distinguished from purchase cluding, but not limited to, heirs, distributees, de- sees; survivors, personal representatives, next of n, or corporate or fiduciary successors. The term nsured" also includes (i) the owner of the indebt- ness secured by the insured mortgage and each ccessor in ownership of such indebtedness (re- nring, however, all rights and defenses as to any ch successor who acquires the indebtedness by peration of law as described in the first sentence I this subparagraph (a) that the Company would ave had against the successor's transferor); and rther includes (ii) any governmental agency or strumentality which is an insurer or guarantor rider an insurance contract or guaranty insuring or aranteeing said indebtedness, or any part thereof. Nether named as an insured herein or not, and iii) the parties designated in Paragraph 2 (a) of here Co ons and Stipulations. (bl Gred claimant ": an insured claiming on or damage hereunder. (c) "insured lender ": the owner of an insured (d) "insured mortgage": a mortgage shown in hedule B, the owner of which is named in an in- red in Schedule A. (e) "knowledge": actual knowledge, not con. ructive knowledge or notice which may be im ted to an insured by reason of any Public records. (fl "lend': the land described, specifically or by reference in Schedule C, and improvements af- fixed thereto which by law constitute real property; :provided, however, the term "land' does not in. Iclude any area excluded by Paragraph No. 6 of !Part 1 of Schedule B of this Policy. (g). "mortgage". mortgage; dead of trust, trust deed, or other security instrument. (h) "public records ": those records which by law impart constructive notice of matters relating to the la 2. (a) TINUATION OF INSURANCE O TER ACQUISITION OF TITLE BY INSUREO LENOER If this Policy insures the owner of the indebt- edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the .estate or interest in the land described in Schedule C by foreclosure, trustee's sale; conveyance in lieu of foreclosure, or other legal manner which dis, charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring Or guaranteeing the in- debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here- under, exclusive of costs, attorneys' fees and ex- penses which the Company may be obligated to pay, shall not exceed the least of: (1) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness Plus interest thereon, as deter- mined under Paragraph 6 (a) (iii) hereof, . expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or CONDITIONS AND STIPULATIONS (iii) the amount paid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or .interest in satisfaction of in insur- ance contract or guaranty. (b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a Pur- chase money mortgage given by Purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty .made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a Purchase money mortgage given to such insured. 3. OEFENSE ANO PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSUREO CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such litir getion involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case of any litigation in set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case Prejudice the rights of any such insured under this policy unless the Company shell be Prejudiced by such failure and then only to the extent of such Prejudice, (c) The Company shall have the right at its own cost to institute and without undue delay Prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy.. (d) Whenever the Company shall have brought any action or interposed defense as required or permitted by the Provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy Permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding; the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose, Whenever re- quested by the Company, such insured shall give the Company, atthe Company's expense, all reason- able. aid (1) in any such action or proceeding in affecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or Proceeding, and 12).in any other act which in the opinion of the Company may be neeessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, in in. sured, Including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR OAMAGE — LIMITATION OF .ACTION In addition to the notices required under Para graph 3 (b) of these Conditions and Stipulations, a proof of loss or damage. signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such Proof of low or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such Proof of low or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shell accrue to insured claimant until 30 days after such Proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this Policy m to such loss or damage. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ANO OPTIONS TO PURCHASE IN- OEBTEONESS The Company shall have the option to Pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering Payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such Payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the Owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- new for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to Pay. If the Company offers to purchase said indebtedness as herein Provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. Upon such offer being mode by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by said insured mortgage, other than the obligation to purchase said indebtedness pursuant to this Paragraph, are terminated. 6. OETERMINATION ANO PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of:. (i) the actual low of the insuredclaimant; Or iii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in Paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of said indebted- new, plus interest thereon, provided such amount shall not include any additional principal indebted- new created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby, (b) The Company will pay, in addition to any low insured against by this policy, all costs im- posed upon an insured in litigation carried on by y(Continued on inside back cover) "l' n COPY OF POLICY NO. OR- 1168493 i_I r Sren.i.u,f Cuvxr,lye Yuli,y ....... rf NO ADDITIONAL LIABILITY ASSUMED SCHEDULE A DUPLICATE ORIGINAL Total Fee for Title Search, Examination and Title Insurance $168 50 Amount of Insurance: $ 25,000.00 Policy No. OR- 1168493 Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF • NEWPORT BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal orporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: • An Easement. Page 2 h unr, No. 1084 -� B CLTA Standard Coverage Policy DUPLICATE ORIGINAL Coayrignr — tg7a OR- 1168493 SCHEDULE B Page 3 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of what arise by reason of the following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies Lazes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest., . estate or easement in land beyond the lines of the area specifically described or referred to • in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects. Liens, encumbrances. adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent. to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: 0 1. A Perpetual Avigation easement in and through the air above the herein described and other land, as conveyed to the County of orange by The Irvine Company by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby made for all particulars. (Said easement prohibits structures of 800 feet in height or more, to be erected on said land.) 2. An Easement for sewer, sewers and all incidents thereto over, under and along the most Westerly line of the land herein described as described in deed to County Sanitation District No. 7 of Orange County recorded March 8, 1963 in book 6460, page 414 of official Records, as described in deed to County Sanitation District No. 5 of orange County, recorded September 15, 1967 in book 8375, page 787 of Official Records, as described in deeds to the City of Newport Beach, recorded April 27, 1970 In book 9274, page 213 of Official Records, May 18, 1971 in book 9644, page 465 of Official Records and July 17, 1974 in book 11197, page 1927 of Official Records. DUPLICATE ORIGINAL OR- 1168493 Page 4 3. Conditions and covenants as to the use occupancy and control of the herein described easement, by grantor and grantee and rights reserved by the grantor with respect to the use of the servient tenement and the construction, repair and maintenance of-utilities thereon all as contained in the deed from The Irvine Company to the veatees herein recorded April 22, 1975 in book 11382, page 1936 of Official Records. • is DUPLICATE ORIGINAL OR- 1168493 Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City of Newport Beach and is described as follows: Those portions of unsubdivided Blocks 52 and 56 and a portion of Lot 158 in Block 53 all of Irvines Subdivision as shown on a Map recorded in book 1, page 88 of Miscellaneous Maps, records of Orange County, described as follows: • PARCEL 1: (Big Canyon) A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the Northerly and Northeasterly line of which is described as follows: Commencing at the Southeasterly corner of Tract No. 5425, as per map filed in book 199, pages 1 and 2, Miscellaneous Maps, records of said County, said corner being in the Northwesterly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of Newport Beach, recorded in book 7964, page 631 of Official Records of said County; thence 1. South 270 19' 32" West 36.92 feet along said line to the TRUE POINT OF BEGINNING; thence leaving said line • 2. North 61° 50' 44" West 105.16 fee; thence 3. South 62° 43' 08" West 63.17 feet; thence 4. South 600 5. South 730 6. North 26° 7. North 13° 8. North 26° 9. North 45° 10. South 860 11. North 80° 54' 43' 34' 02' 23' 49' 23' 56' 20" West 42" West 42" West 57" West 16" West 05" West 58" West 53" West 217.20 feet; thence 241.09 feet; thence 533.73 feet; thence 128.48 feet; thence 318.84 feet; thence 204.61 feet; thence 161.19 feet; thence 174.79 feet; thence DUPLICATE ORIGINAL OR- 1168493 Page 6 12. North 740 36' 40" West 193.55 feet; thence 13. North 551 101 09" West 205.86 feet; thence 14. North 260 55' 16" West 114.55 feet; thence 15. North 2° 051 12" West 178.72 feet; thence 16. North 320 301 23" West 168.89 feet; thence ® 17. North 600 421 33" West 476.62 to the Northeasterly right of way line of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in book 1037, page 269:, said Official Records, PARCEL 2: (Big Canyon) A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes the Southerly, Southwesterly and Westerly line of which is described as follows: Commencing at the Southeasterly corner of Tract No. 5425, as per map filed in book 199, pages 1 and 2, Miscellaneous Maps, records of Orange County, said corner being in the Northwesterly right of way line of Jamboree Road 132.00 feet wide as described in a deed to the City of Newport Beach, recorded in book 7964, page 631, Official Records of said County; thence • 1. South 270 191 32" West 355.63 feet along said right of way line to the beginning of a curve therein concave Northwesterly and having a radius of 5950,00 feet; thence 2. Southwesterly 403.16 feet along said curve through an angle of 31 52' 56" to the TRUE POINT OP B&GIMIN.G; thence leavigg said 1144. non - tangent 3. North 600 031 44" West 218.15 feet; thence 4. North 49° 111 16" West 148.51 feet; thence 5. North 38° 261 23" West 210.21 feet; thence 6. North 310 211 08" West 168.12 feet; thence 7. North 460 131 08" West 212.86 feet; thence 8. North 70 241 4'2" west 134.21 feet; thence DU LICAI$ ORIGINAL OR- 1168493 LJH:sh Page 7 9. North 24' 42' 40" West 68.14 feet; thence 10. North 1' 26' 29" West 64.11 feet; thence 11. North 44' 53' 13" West 243.87 feet; thence 12. North 87' 55' 49" West 166.85 feet; thence 13. North 71' 12' 15" West 122.38 feet; thence • 14. South 87' 141 34" West 355.45 feet; thence 15. South 88' 08' 04" West 226.68 feet; thence 16. South 629 48' 18" West 320.75 feet; thence 17. North 86' 221 34" West 120.46 feet; thence 18. North 69' 52' 48" West 132.64 feet; thence 19. North 21' 29' 54" East 51.18 feet; thence 20. North 13' 36' 05" East 15.53 feet to the Southeasterly right of way line of Back Bay Drive, formerly Palisades Road, as described in a deed to the County of Orange, recorded in book 1037, page 269, said Official Records, • ontinued from inside front cover) e Company for such insured, and all costs, torneys' fees and expenses in litigation carried i by such insured with the written authorization the Company. Ic) When the amount of loss or damage has an dehnitely fixed in accordance with the con- duns of lhlk policy, the losh or damage shall be yal le within 30 days lhereattel I LIMITATION OF LIABILITY No claim shall arise or be maintainable under is policy (a) if the Company, after having received rice of an alleged defect, lien or encumbrance in- red against hereunder, by litigation or other ise, removes such defect, lien or encumbrance or tablishes the title, or the lien of the insured mort- W. insured, within a reasonable time after ceipt of such notice; (b) in the event of litigation ntil there has been a final determination by a urt of competent jurisdiction, and disposition of I appeals therefrom, adverse to the title or to the en of the insured mortgage, as insured, as pros ided in paragraph 3 hereof; or (c) for liability lunwrl milted or assumed by an insured ithout r written consent of the Company. REDUCTION OF INSURANCE: TERMINA- TION OF LIABILITY All payments under this policy, except pay - ent made for costs, attorneys' fees and expenses, all reduce the amount of the insurance pro tanto; rovided, however, if the owner of the indebtedness ured by the insured mortgage is an insured here nder, then such payments, prior to the acquisition f title to said estate or interest as provided in agraph 2 lap of these Conditions and Stipule ions, shall not reduce pro tanto the amount. of the nsurance afforded hereunder as to any such in- red, except to the extent that well payments (educe the amount of the indebtedness secured yy well mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall . erminate all liability of the Company to an insured ner of the indebtedness secured by the .insured rrtgage, except as provided in paragraph 2 (a) hereof. B. LIAY NONCUMULATIVE It is ressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered by this Policy, shall be reduced by any amount the Company my pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, CONDITIONS AND STIPULATIONS or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy,. The Company shall have the option to apply to the payment of any such mortgage any amountthat otherwise would be payable hereunder It, the lllalliad ow1o1 GI the ubtaw of inlarM con Brad by Ihls policy and 1110 ainin'111 911114111 shall hp deemed a payment under this policy to sold Insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a Portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which well insured claimant would have had against any person or property in respect to well claim had this policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of well insured claimant, the Com- pany shell be subrogated to well rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of well insured claimant, such act shall not void this policy, but the Com- pany, in that event, shall as to well insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse- ments and other instruments, if any, attached here- to by the Company is the entire Policy and con- tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the $10111$ of Ili® lion fif Ihn in §wad mortdaga or of the title to the estate or Intarasl aovefad hereby, ur any action asserting such claim, $hell be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this Policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or author- ized signatory of the Company. No payment shell be made without producing this policy for endorsement of well Payment uu less the Policy be lost or destroyed, in which case proof of such loss or destruction shell be furnished to the satisfaction of the Company. 12. NOTICES. WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California- 92701, or to the office which issued this Policy. Form No. 1084 (10(73) cellrornla (and Title Ass"latlon _ standard r mriviije PDNC y Form V Cooyr199t 1973 ✓� -;.,.. ,, jj`% �.'.�A� .! ft POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said • insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or • 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy 'to -be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. n.�4te t.ti. :'F;ENfi'IN;, 6E B 86 "1485 First American Title Insurance Company BY PRESIDENT ATTEST 64 Tye SECRETARY 1. DEFINITION OF TERMS rho following terms when used In this Policy mean: (a) "Insured ": the Insured named in Schedule A. and, subject to any rights or defenses the Com- pany may have hod against the named Insured, those who Succeed to the interest of Such insured by operation of low as distinguished from purchase including, but not limited to; heirs, distributes, de- vines, Survivors, personal representatives, next of kin, or corporate or fiduciary wccasors, The term "inwred" also includes (r) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of Such Indebtedness (re- serving, however, ell rights and defenses as to any Such successor who acquires the indebtedness by operation of law a described in the first sentence of this Subparagraph le) that the Company would have .hod against the Successor's transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under on insurance contract or guaranty insuring or guaranteeing said indebtedness, or any Part thereof, whether named as an insured herein or not,. and (iii) the parties designated in paragraph 2 le) of than Conditions and Stipulations. (b) "inwred claimant': an insured claiming Io amage hereunder. 'W"inwred lender ": the owner of an insured mortgage. (d) "insured mortgage ": a mortgage shown in Schedule S. the owner of which is named a an im cared in Schedule A. Is) "knowledge": wtuel knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any Public records. (f) "land ": the lend described, specifically W by reference in Schedule C. and improvements af- fixed thereto which by law constitute real Property: provided, however, the term "land" dos not In- cluds any was excluded by Paragraph No. a of Part Iof Schedule B of this Policy. (g) "mortgage": mortgage, deed of trust; trust deed, or other security instrument. (h) "public records": those records which .. by law impart constructive notice of matters relating to the land. 2. (s) CONTINUATION OF INSURANCE •AFTER ACQUISITION OF TITLE BY INSURED LENDER If this Policy insures the owner of the indebt- ednes- secured by the insured mortgage,. this Policy shall continue in force as of Date of Policy in favor of Such insured who acquires all or any pert of the estate or interest in the land described in Schedule C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest e-0 acquired, provided the transferee is the parent or wholly owned Subsidiary of such in- sured; and in favor of any governmental agency or instrumentality which acquires all or any pert of the estate or interest Pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in debtednes Secured by the insured mortgage. After any Such acquisition the amount of insurance here- under, exclusive of costs, attorneys fees and ex- penses which the Company may be obligated to pay, shell not exceed the legit of: W the amount of insurance stated in Schedule A; iii) the amount of the unpaid principal of the indebtedness Plus interest thereon, as deter- mined under Paragraph 6 la) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and Secured by old insured mortgage at the.. time of acquisition of Such assn or interest in the lend; or CONDITIONS AND STIPULATIONS (Iii) the amount paid by any governmental agency or Instrumentality, If such agency or Instru• mentality IS the insured claimant, In acquldtion of Such estate or Interest in estlefectlon. of Its Inwr. Once contract or guaranty. lb) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue In force as of Date of Policy, in favor of an insured so long a Such insured retain, an estate or Interest in the land, or Owns an indebtedness secured by a.pur. chow money mortgage given by a purchaser from Such insured, or so long a such Insured shall have liability by reason of covenants of warranty mode by such insured in any transfer or conveyance of Such estate or interest; Provided, however, this policy shall not continue in force in favor of any purchaser from Such insured of either said estate or interest or the indebtedness . secured by a purchase money mortgage given to Such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shell provide for the defense of an insured in litigation to the extent that Such litir gotion involves an alleged defect, lien, encum- brance or other matter insured against by this policy. lb) The insured shall notify the Company promptly in writing (I) in can of any litigation as .set forth in (e) above, (ii) in can knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the Gnats or interest or the lien of the insured mortgage. as insured, and which might cause lost or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or Interest or the Tian of the Insured mortgage, a insured, is rejected as unmarketable. if Such prompt notice ,hall not be given to the Company, then as to such insured all liability of the Company shell csu and termi- nate in regard to the matter or matters for which Such prompt notice is required; provided, however, that failure to notify shall in no can prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by Such failure and then only to the extent of Such prejudice. (c) The Company shall have the right at its Own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any Provision of this Policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any Such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre- tion, to appeal from any adverse judgment or order. (e) In all cases where this policy permit, or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the in- sured hereunder &hall Secure to the Company the right to so prosecute or provide defense in Such action or proceeding, and all appeals therein, and .permit the Company to use, at is option, the name of Such insured for Such purpose. Whenever re- quested by the Company, such insured shell give the Company, at the Company's expense, all reason- able aid (1) in any Such action or proceeding in affecting settlement, securing evidence, obtaining witnesses, or Prosecuting or defending such action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest or the Ilan of the Insured mortgage, a in cared, Including but not limited to execuiing cor ractive or other documents. 4, PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Para graph 3 (b) of these Conditions and Stipulations, a .proof of loss or damage: signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days otter the 'insured claimant shall ascertain or determine the facts giving rise to Such loss or damage. Such proof of loss or damage shall describe the detect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss; or dam- age, and, when appropriate, state the basis of calculating the amount. of such loss or damage. Should Such proof of loss or damage fail to state facts .Sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish Such additional information s may reasonably be necessary to make Such determination. No right of action shall accrue to insured claimant until 30 days after Such proof of low or damage shell have been furnished. Failure to furnish Such proof of low or damage shell terminate any liability of the Company under this policy as to Such low or damage. S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE IN- DEBTEDNESS The Company shall have the option to pay or otherwise untie for or in the name of an insured claimant any claim insured against, or to termi. nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costa, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted- new for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of Such 'indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the Same to the Company upon payment therefor as herein Provided. Upon Such offer being made . by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by mid insured mortgage; other than the obligation to purchase mid indebtedness Pursuant to this paragraph, are terminated. S. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no can exceed the least oft (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in- surance as defined in paragraph 2 (al hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided mid owner is the insured claimant, the amount of the unpaid principal of said indebted- new, plus interest thereon, provided Such amount Shell not include any additional principal indebted- non created subsequent to Date of Policy, except a to amounts advanced to protect the lien of the insured mortgage and Secured thereby. (b) The Company will pay, in addition to any low insured against by this policy, all costs im- posed upon an insured in litigation carried cn by (Continued on inside back cover) Copyright — 1973 SCHEDULE A Total Fee for Title S. =arch, Examination and Title Insurance S -168 50 COPY OF POLICY NO. OR- 1168488 NO ADDITIONAL LIABILITY ASSUMED. Amount of Insurance: $ 25,000.00 Policy No.OR- 1168488 Date of Policy: April 22, 1975 at 8:00 A. M. 1. Name of Insured: COUNTY OF ORANGE, a body politic and corporate, and the CITY OF NEWPORT BEACH, a municipal corporation. 2. The estate or interest referred to herein is at Date of Policy vested in: COWTY OF ORANGE, e, body politic and corporate, and the CITY OF NE14PORT BEACli, a municipal corporation. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: • An Easement. Page 2 bR- 1168488 SCHEDULE B Page 3 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. , 2. Any facts, rights, interests or claims which are not shown by the public records but which could be as- certained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. • 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,. claims or title to water, 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C. or in abutting streets. roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinancesl restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation, 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. . 9. Defects, liens, encumbrances. adverse - claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- under; (c) resulting in no loss . or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See attached following pages for Part Two. OR- 1166486 Page 4 . 1. A perpetual avigation easement is and through the air above the herein described and other land, as conveyed to the County of Orange by The Irvine Company, by deed recorded March 17, 1964 in book 6965, page 721 of Official Records, under the terms and conditions set forth in said deed. 2. Conditions and covenants as to the use, occupancy and control of the herein described easement by grantor and grantee, and rights recorded by the grantor with respect to the use of the servient tenement and the construction repair and maintenance of utilities thereon all as contained in r4:e deed from The Irvine Company, to the vestees herein recorded April 22, 1975 in book 11382, page 1936 of Official Records. • • OR- 1166488 LJH:bg Page 5 SCHEDULE C The land referred to in this policy is situated in the State of California, County of Orange, City.of Newport Beach, and is described as follows: Those portions of Blocks 4 and 5 of Irvine's Subdivision as shown on a ' map recorded in Look 1, page 88 of Miscellaneous Dlaps, described as follows: PARCEL 1: (University Drive to East of 23rd Street) A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: • Beginning at the intersection of a line that is concentric with and 5.00 feet Southwesterly of the Southwesterly line of Parcel 2 as shown on a map filed in book 3, page 35, Parcel Flaps, records of said County with the Southeasterly terminus of University Drive as described in a deed to the City of Newport Beach recorded in book 8152, page 562 of Official Records, of said County said intersection being the beginning of a curve concave Northeasterly and having a radius of 1413.00 feet, a radial to said point bears South 37° 25' 40" West; thence 1. Southeasterly 358.76 feet along said concentric curve through an angle of 14° 32' 50" to,a point of a non - taugent curve concave Northerly and having a radius of 1955.00 feet, said curve being concentric with and 5.00 Northerly of that certain 1960.00 foot radius curve in the Northwesterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in book 5906, page 516 said Official Records, a radial to said point bears South 34° 04' 51" Last, thence 2. Westerly 611.51 feet along, said concentric curve through an angle of 170 55' 16" to a line that is parallel with and 5.00 feet Northerly of said Parcel 102.1; thence 3. South 739 50' 27" West 384.32 feet along said parallel line; thence 4. South 639 18' ZZ" Vest 60.41 feet; thence 5. South 75° 29' 36" Flest 90.07 feet; thence b. North 8b° 04' 54" West 146.34 feet; thence 7. South 71° 45' 50" West- 333.61 feet; thence 8. North 7° 15' 12" East 166.33 feet; thence 9. North 29 Oa' 13" Vest 134.09 feet; thence 10. South 59° 5:i' 11" Vest 231.20 feet; thence 11. South 249 00' 54" West 110.57 feet; thence 12. South 13° 17' 27" lest 130.50 feet; thence 13. South 399 55' 13" F:est 63.89 feet; thence 14. South 659 48' 46" best 258.71 feet; thence 15. South 83° 49' 47" West 74.43 feet; thence OR- 1168486 Page 6 16. North 46° 06' 06" West 147.10 feet; thence 17. South 7° 03' 28" West 211.60 feet; thence 16. South 320 OU' 19" East 94.34 feet; thence 19. South 26° 17' 18" West 185.15 feet; thence 20. South 390 26' 49" West 51.15 feet; thence 21. South 43 02' 51" West 67.26 feet; thence 22. South 35° 39' 19" West 56.61 feet; thence 23. South 9° 36' 19" West 131.85 feet; thence 24. South 330 52' 15" Flest 175.84 feet; thence 25. South 140 40' 35" West 65.12 feet; thence 26. South 0° 11' 56" East 114.00 feet; thence 27..South 8° 21' 57" West 206.19 feet; thence 26. South 24" 32' 45" Last 139.62 feet; thence 29. South 15° 35' 34" East 133.93 feet; thence 30. South 170 53' 46" West 403.52 feet; thence 31. South 290 14' 56" West 57.31 feet; thence 32. South 49° 32' 16" West 134.06 feet; thence • 33. South 23° 48' 21" West 37.16 feet; thence 34. South 5° 00' 47" bast 114.44 feet; ti,ence 35. South 25° 35' 31" l -;est 105.33 feet; thence 36. South 38° 54' 41" West 53.33 feet; thence 37. South 680 21' 20" West :13.89 feet; thence 30. South 320 06' 93" West 55.49 feet; thence 3ti. South lit° 00' 1j" West 52.12 feet; thence 40. South 1° 51' 41" West 32.88 feet to a point that bears North 54° 13' 20 West 136.97 feet from Station No. 76 of the Ordinary High Tide Line is described in the final decree entered in Case ho. 20436 Superior Court of said Orange County. The slde.lines of said easement are to be prolonged or shortened so as to terminate in said line bearinb North 540 13' 20'.' West from said Station No. 76, PA.tCLL 2; • A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: Legiuning at a point in the Easterly right of way line of Irvine Avenue, lUO.UU feet wide, as described in a deed to the City of Newport Beach recorded in book 6202, page 708 of Official Records of said County, said point being North 11° 32' 22" East 11.08 feet along said right of way line from the Southerly terminus of the course whose center lis:e is described as North lU° 50' 20" East 169.18 feet in said deed; thence North 73° 10' 16" Last 248.16 feet; thence South 570 45' 17" East 151.60 feet to a point tnat is North 1° 01' 52" West 51.13 feet from Station No. 70 of the Ordinary high Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Crange County. The northeasterly line of said easement shall terminate is a line that bears North 53° 22' 27" East from the Southeasterly terminus of said OR- 116b488 Page 7 cuter liue and Westerly in said right of way line, and the Southwesterly line of said easement shall terminate in a line that bears South 360 43' 2D" l ?est froti said Southeasterly terminus and Westerly in said right of way line. PARCEL 3: A relocatable easement 10.00 feet wide for pedestrian and bicycle trail purposes, the center line of which is described as follows: ; Gegianing at a point in the Easterly right of way line of Irvine Avenue, JOU.UU feet wide, as described in a deed to the City of Newport Beach recorded in book 8603, page 885 of Official Records of said County, said point being ou a curve concave Westerly and having,a radius of 420.00 feet, the center line being described as having a radius of 370.00 feet and a central angle of 630 43' 0011, said point being Northeasterly 448.27 feet along said curve from the Southwesterly terminus, a radial to said point bears north 69° 23' 08" Last; thence from said point of beginning South 87' 59' 13" East 407.40 feet to a point that is North 22' 28' S5" West 166.18 feet from Station No. 73 of the Ordinary Ligh Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County. The side lines of said easement are to be prolonged or shortened so as to terminate Westerly in said right of way line and Easterly'in a line bearing South 6' 26' 13" East and passes through the Easterly terminus of said center line. • a � � L4 i g i CD �. it /. ;. 0 i irj0i y�� 2 t . � • n 0 0 o v o N 3 � N; ♦ r ;U�it apt p1 i 7ntinued from inside front cover) Company for such insured, and all costs. arneyi fees and expenses in litigation carried by such insured with the written authorization the Company. (c) When the amount of loss or damage has in definitely fixed in accordance with the cow aons of this policy, the lots or damage shall be gable within 30 days thereafter. LIMITATION OF LIABILITY No claim shall arise or be maintainable under isAolicy Is) if the Company, after having received nice of an alleged defect, lien or encumbrance in red against hereunder, by litigation or other - se, removes such defect, lien or encumbrance or tablishes the title, or the lien of the insured mort- ge, as insured, within a reasonable time after ceipt of such notice: (t) in the event of litigation itil there has been a final determination by a curt of competent jurisdiction, and disposition of I appeals therefrom, adverse to the title or to the in of the insured mortgage, as insured, as Pro- Ced in paragraph 3 hereof: or (c) for liability oluntarAlWdmitted or assumed by an insured rithou 1W r written consent of the Company. REDUCTION OF INSURANCE: TERMINA- TION OF LIABILITY All payments under this policy, except pay - ant made for costs, attorneys fees and expenses. call reduce the amount of the insurance pro tanto: -ovided..however. if the owner of the indebtedness ,cured by the insured mortgage is an insured here - nder, then such payments.. prior to the acquisition f title to said estate or interest as provided in wagraph 2 (a) of these Conditions and Stipula- tions, shall not reduce pro tanto the amount of the isurance afforded hereunder as to any such iw Bred, except to the extent that such payments educe the amount of the indebtedness secured ry such mortgage. Payment in full by any Person or voluntary etisfwtion or release of the insured mortgage shall irminate all liability of the Company to an insured comer of the indebtedness secured by the insured mortgage, except in provided in paragraph 2 (a) Woof. LIAI&TY NONCUMULATIVE It isWpressly understood that the amount of tsurance under this policy, as to the insured owner -f the estate or interest covered by this policy, shall e reduced by any amount the Company may pay :nder any policy insuring la) a mortgage shown or eferred to in Schedule B hereof which is a lien ,n the estate or interest covered by this policy. CONDITIONS AND STIPULATIONS or (b) a. mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be, deemed a Payment under this policy. The Company shall have the option to apply to the Payment of any such mortgage any amount that otherwise would .be payable hereunder to the insured owner of the estate or interest cov. Bred by this policy and the amount so paid shall . be deemed a payment under this policy to mid insured owner. The Provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 10. SUBROGATION UPON. PAYMENT OR SETTLEMENT Whenever the Company shell have paid or settled a claim under this policy, all right of sub- rogation shall vast in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re- lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs Prior to receipt by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here- by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Corw Pony. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the .payment does not cover the loss of such insured claimant, the Com Pony shall be subrogated to such rights and reme- dies in the Proportion which said payment bean to the amount of mid low, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Com Pony, in that event, shall as to such insured claimant be required to pay only that Part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. if. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse, ments and other instromants, if any, attached here- to by the Company is the entire policy and con tract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence. and which Bring out of the status of the lien of the Insured mortgage or of the title to the estate or Interest Covered hereby. or any action starting Such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President; a Vice President, the Secretary, an Assistant Secretary, or validating officer or author ized signatory of the Company. No payment shall be mode without producing this policy for endorsement of such payment use Ion the policy be lost or destroyed, in which can proof of such lose or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES.. WHERE SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street. Santa Ana, California, 92701, or to the office which issued this policy. THIS LEASE made this first day of November, 1952, by and b,,,tiresn TF;is IRVINE: COMWIY, a corporation, hereinafter called. the "Lessor" and SHZLL1:AXER INC., a corporation, . hereinafter called the " Lessee", .. '. i '! 7:: fi S E T 1: Tha Lessor hereby leases to the Lessee that certain tract of land situated in the County of Orange, State of California, and particularly described as follows., to -rrit. Approximately one (1) acre on the most . Southerly end of Lot 2, Section 26 Township 6 South, range 10 %lest, San Bernardino Base c Meridian, • at the rental and upon the terms and conditions as follows, to -1 "It: 1. The term of this lease shall be for three (3) years beginning with the date hereof and ending on October 31, 1955, unless sooner terminated as hereinafter provided. 2. As rental for the use and occupancy of the leased premises, the Lessee shall p;,y to the Lessor at Its office at Tustin, Orange County, California, during the term of this lease, the total sum of Trenty -seven Hundred Dollars Us2700.00) iuhich snid rental shall be paid in monthly installments of ® Scventy -five Dollars 0'75.00) in advance on the first day of each and every zsonth during the term of this lease. The leased premises shall be used and occupied by the !,easeo e._clusively for the purpose of maintaining and operating a shell grindin,.t plant and for storage of dredging equipment when not in use. The Lessee shall have the right, at his sole cost and to add to and otherwise improve the building now situated cn the leased premises and to erect other structures thereon to be -1- used in, and -to place on the leased premises such equipment and ^trier personal property as may be needed for the operations of the Lessee :hereunder. Any and all structures erected or maintained on the leased premises by the Lessee shall conform to all laws, ordinances and regulationa appertainin.- thereto and shall be neatly ,anted and shall be kept in E;ood order and repair during the term of this lease. 4. The Lessee shall pay all taxes levied on any and all i prove::;ents, equipment and'personal property erected or placed on the leased premises by the Lessee. j. '-Tile Lessee shall not permit any mechanic's or other liens for isateilal or labor or otherwise to be placed on or filed a•alrist the leased premises; and the Lessee shall hold the Lessor • and i;he said pl,oiuises free and harmless from any and all such liens. or any claims o: demands arising therefrom, and any and all costs, damages or liability in connection therewith; and at the expiration of the term of this lease or any sooner termination thereof, all structures, equipment and. other property erected or placed thereon by the Lessee may be held by the Lessor as security under this lease for any ro tal or other indebtedness owed and unpaid by the Lessee to the Lessor and if and when paid, the said Lessee may remove any and all improvements and property erected or placed on said premises, except as otherwise herein provided. 6. The Lessee shall confine his shell pumping operations • to the channels of Netrport Day and to lands other than those owned by the Lessor and shall not conduct any shell dredging or pumping operations on the leased premises. Any and all waste material Fhlch is di,edg'ed or pumped from the said channels or lands shall be deposited by the Lessee on adjoining lands ovined by the Lessor, ..s directed by the Lessor, so ion;;, as such disposal of said material s11 not entail an additional coat to the Lassos over that which 'no Lessee would incur in returnitL the sane to the channel bottom -2- of said liay; .provided, however, that the deposit of such waste material shall not exceed.ten feet elevation above sea level. The Lessee shall secure at his own expense from any and kill Eovernmen-wal authority having ,Jurisdiction thereof any and all necessary licenses or permits to conduct his Shell dredging or numpinS operations aforesaid, and Lessee Shall in said opera - tions and in his use and occupancy of the leased premises conform to any and all laws, rules and regulations appertaining thereto, and shall pay any and all costs and expenses in connection therewith, It bein3 understood end agreed that the Lessor does not and shall not assume any liability or obligation of any nature in relation thereto. 7. The Lessor reserves the right to terminate this lease • at any time prior to the exoi'ration of the term hereof by giving.. to the Lessee written notice of such termination and by paying to the Lessee a sum equal to the rental paid by the Lessee to the Lessor durirq the six months next preceding the date of such termination, and thereupon this lease shall cease and terminate and shall have no further force or effect. In the event of such te..rmiivltion, the Lessee shall have the right,.within thirty (30) days thereafter, to remove all improvements, equipment and other personal property erected or placed thereon by the Lessee. E. The Lessee shall at his own cost and expense keep the leased premises, during the term . of this lease, free of all rubbish • and debris and in a clean and sanitary condition, and Lessee shall not permit anything in the nature of a public nuisance to be committed upon the said premises; and should any nuisance be permitted writh the knowledge of the Lessee, or should the Lessee permit the continuance of the same after receiving notice thereof,' this lease shall thereupon become void and of no further force or effect, and all rights of the Lessee hereunder shall cease and ter,=..inate forthwith. 5. Lessor shall not be liable for any loss, damage or injury o_ any kind or character to any person or property, caused -3- A by or arising from any use of the leased premises or the waters lfjacent thereto, or by any defect in any building, structure or other irprovement thereon, or because any of the same become out of repair, or caused by or arising from any act or omission of the Lessee or of its agents, employees, licensees or invitees; nor shall Lessor be liable for any loss, damage or injury caused by collision, fire, explosion or any other cause whatsoever, to the property or person of Lessee, or of any of its employees or agents, or of any invitee, licensee or other person entering upon or using or occupying the lensed premises, or adjacent waters, or any part thereof, or to any property maintained on said premises or the waters adjacent thereto; and Lessee, as a material part of the consideration of this lease, hereby waives all claims and • demands against Lessor for, and hereby agrees to indemnify and hold the Lessor entirely free and harmless from all liability for any such loss, flange or injury howsoover the same may arise, together with all costs and expenses occasioned thereby or arising therefrom. 1 10. .Lessee shall,. at its own cost and expense, at all times duringt the term of this lease, maintain and carry for the benefit of Lessee, as a -ell as for the benefit of Lessor, property damage and personal liability insurance, by the terns of which Lessee and Lessor stall be incemnified against all liability for any damage or Injury to the property or person of any invitee or licensee of Lessee, or other person entering upon or using the leased premises, • or any part thereof, and arising from the use and occupancy thereof. 3uch insurance policy or pmlicies shell be written and maintained on the ;�!inilnum basis of Twenty -five Thousand Dollars ($2$,000.00) for dama(;e to property, and Twenty -five Thousand Dollars (;2$,000.00)' for personal injury to one person, and Fifty Thousand Dollars ( :`50,000.00) for personal 'injury to two or more persons; and Lessee shall deliver to Lessor the certificate of each insurance carrier as to each such insurance policy.. -4- 11. The Lessee shall not assign this lease or any interest ti!erein, or sublet the said premises or any part thereof, without the written consent of the Lessor first obtained; and if any suoh �isai;nment or sublettir<, shall be'dona or attempted without the mitten consent of the Lessor, this lease shall thereupon and thereby cease and terminate and shall have no further force or effeot. 12. In the event that Lessee shall fail to pay the rent at the tine and in t.ie manner hereinabova' provided, or shall fail to perfor:a any of the other terms, covenants, or conditions of this lease as herein set forth, and any rush default shall .continue for a period of ten (10) days after written notice thereof by the Lessor to the Lessee, then said Lessor may, it its option, terminate • this lease and thereupon and thereby said lease shall oease and .arid. and shall have no further force or effect and any and all rights of the Lessee hereunder shall terminate. 13. Subject to the provisions of paragraphs 5 and y hereof, upon the expiration of the term of this lease or any sooner termina- tion thereof, the Lessee shall at his own expense, within thirty (30) days thereafter, remove all improvements and/or equipment and other personal property erected or placed by the Lessee on the leased premises, and Lessee shall clear the same of any and all rubbish and debris and shall fill and level off any and all holes or excavations made by the Lessee thereon, and the Lessee shall peaceably. • quit and surrender the said premises to the Lessor without further notice or process of law. In the event that the Lessee shall fail, within said thirty -day period, to remove the said improvements and Other property erected or placed on the leased promisee by the Lessee, the same shall, at the expiration of said period of time, revurt to and become the sole property of the Lessor, free of any and all claims, charges, or interests of the Lessee. 14. In the event any suit is brought by the Lessor to enforce the provisions of this lease or the termination thereof or -5- any rights of the Lessor growing out of the same, Losses agrees to pay to the Lessor reasonable attorney's fees as may be allowed by the court in any such action. 15 Any notice herein provided to be given by the Lessor to the Lessee shall be deemed to be fully given either when handed:: to the Lessee personally or when deposited in the United States rail, postage prepaid, and addressed to the Lessee at his last known business address. 16. This lease shall bind and inure to the benefit of the assigns and successors in interest of the Lessor, and shall bind and inure to the benefit of any assign or successor in Interest of the Lesses in the event that such assignment is made with the written consent of the Lessor as herein provided, and not otherwise. 0 IN WITNESS WHEREOF. the parties hereto have executed this lease the day and year first above written, the Leeson by its officer thereunto duly authorized and its corporate seal affixed hereto. I M- THE IRVINE COMPANY /dy Ky � LESSOR / SHELLX4KER INO. —O v By Pr 00�� 11 1e_sident By �TfjE-➢ gg Zl I Seyretary LESSEE EXTENSION Or LEASE. THIS AGREEMENT made this 1st day of November, 1955, by and between THE IRVINE COMPANY, a corporation, First Patty and SHFLLMhKER, INC., a corporation, Second Party; - W I T N E S S E T H: That the parties hereto are respectively Lessor and Lessee of that certain written lease dated November 1, 1952, covering certain . real property situated in Orange County, California, therein described, for a term expiring on the date hereof, which said lease is by this reference incorporated in and made a part of this agreement; and said parties desire to extend the term of said lease as hereinafter provided. NOW THEREFORE", the parties hereto agree that the • term of said lease be and the same is hereby extended for an additional period of one (1) year, commencing on the 1st day of November, 1955, and ending on the 31st day of October 1956, subject to earlier termination as therein provided, at the same rental. and under and subject to each and all of the covenants, conditions and provisions set forth in said�leasa. ' IN WITNESS WHEREOF, the parties hereto'have' executed this agreement, Lessor by its officers thereunto duly Authorized and its corporate seal affixed, the day and year first above designated. TI4E IRVINE COMPA34Y Vice President By Secretary FIRST PARTY SHELLMAKER, INC. By —� -- —e* n President By — Secretary V + SECOND PARTY r EXMiSION OF LEASE THIS AGREEMENT made this 1st day of November 1956, by and between THE IRVINE COMPA:'Y, a corporation, First .Party and SHELLMAKER, INC., a corporation, Second Party W I T N E S S E T H t That the parties hereto are respectively Lessor and Lssseo of that certain written lease dated November 1, 1952, covering certain real property situated in Orange County, California, therein described, for a term expiring on the date hereof, which said lease is by this reference incorporated torir. of caid lease be and the same is hereby extended for an additional period of one (1) year, commencing on the let day of November, 1956, and ending on the 31st day of October 1957, cubject to earlier termination as therein provided, at the same rental and under and subject to each—and all of the covenants, conditions and provisions set forth in said lease. IN WITNESS ldnEREOF, the parties hereto have executed this a- ^cement, Lessor by its officers thereunto duly authorised a.2d its corporate seal affixed, the day and year first above • de s iCnato d. THE IRVINE By_.! P f ice President , Secretary FIRST PARTY SHELL�N�,A/K�ER,� INC. J esidant Secretary SECOND PARTY r in and made a part of this agreement; and said parties desire • to extend the term of said lease as hereinafter provided, . NOld THEREFORE, the parties hereto agree that the torir. of caid lease be and the same is hereby extended for an additional period of one (1) year, commencing on the let day of November, 1956, and ending on the 31st day of October 1957, cubject to earlier termination as therein provided, at the same rental and under and subject to each—and all of the covenants, conditions and provisions set forth in said lease. IN WITNESS ldnEREOF, the parties hereto have executed this a- ^cement, Lessor by its officers thereunto duly authorised a.2d its corporate seal affixed, the day and year first above • de s iCnato d. THE IRVINE By_.! P f ice President , Secretary FIRST PARTY SHELL�N�,A/K�ER,� INC. J esidant Secretary SECOND PARTY r L E A S E THIS LEASE, made this � day of May, 1959, by and betwoon THE IRVIIIM COMPANY, a corporation, hereinafter called "Lessor," and SBELLMAIER INC., a corporation, horoinaft'er called "Lessee," WI'TN; SSETH: Lessor hereby leases to Lessee that certain. tract of land situated in the County of Orange, State of California, and particularly described as follows, to wit: • Appro; $nately one (1) acre on the most Southerly end of Lot 2, Section 26, Township 6 South, Range 10 West, San Bernardino Base and Meridian, at the rental and upon the terms and conditions an fol- lows, . to wit: 1. The term of this lease shall be for five (5) years, corimancing, on June 1, 1959 and ending on Mw 31, 1964; provided, however, Phat Lessor reserves and shall . have the right, at its option, to terminate this lease on May 31st of any year of said term by giving Lessee written notice of such termination on or before May first of any • suah year. 2. As rental for the use and occupancy of the '_c-cc;: premises, Lessee agrees to pay to Lessor at its of ico near Tustin, Orange County, California, diving the term of this lease, . the total sum of six thousand dollars ( ^6,000.00), which said rental shall be paid in monthly '_rztallmonts of one hundred dollars ($100.00) in advance - 1 - on the first day of each and every month during the term of this lease. 3. The leased premises shall be used and• occupied by Lessee exclusively for the purpose of.maintain- ing and operating a shell grinding plant and for storage of dzrodging equipment when not in use. Lessee shall have the right, at its sole cost and expense, to add to and otherwise improve the building now situated on the leased promises and to erect other structures thereon to be used in, and to place on the leased premises such equipment and other personal property as may be needed for the opera- • tions of Losses hereunder. Any and all structures erected or maintained on the leased premises by Lessee shall con - form to all laws, ordinances and regulations appertaining thoroto and shall be neatly painted and shall be kept in good order and repair during the term of this lease. 4. Lessee shall confine its shell pumping operations to the channels of Newport Bay and to lands other than those owned by Lessor and shall not conduct any sholl dredging or pumping operations on the leased prem- Ives. Any and all waste material which is dredged or pumped from said channo7s or lands shall be deposited by •Lo.-see on _adjoining lands owned by Lessor, as directed by Lessor, so long as such disposal of said material shall not entail an additional cost to Lessee over that which Lessee would incur in returning the ssue_to the channel botton of said Bay; provided, however, that the deposit of such waste material shall not exceed ten (10) feet sleva- t'_cn .:Jove sea level. 19 - 2 - Lessee shall secure, at its own expense, from any and all governmental authority havingJuriedio- 'ion thereof any and all necessary licenses or permits to conduct -its shall dredging or pumping operations aforesaid, and Losses shall in said operations and in its use and occupancy of the leased premises conform to any and all laws, rules and regulations appertaining thereto, and shall pay any and all costs and expenses in connection therewith., it being understood and agreed that Lessor does not and shall not assume any liability or obligation of any nature in relation thereto. . 5. Lessee shall pay all taxes levied upon any and all improvements, equipment and personal property ' erected or placed on the leased promises by Lessee. 6. Lessee shall not permit any mechanical or other lions for material or labor or otherwise to be filed again--' the leased premises; and Lessee shall hold Lessor and said premises free and harmless from all liability for any and all such liens or any claims or demands howsoever arising, and any and all costs, expenses and damages in connection therewith. 7. During the term of this lease, Lessee shall, • at its own cost and expense, keep the leased promisee free of all rubbish and dabrie and in a clean and sanitary con- dition, and Lessee shall not permit anything in the nature of a public nuisance to be committed upon said premises; and should any nuisance be permitted with the knowledge of Losse.:, or should Lessee permit the continuance of the sa;io sft-er receiving notice thereof, this lease shall thereupon become null and void and of no further force or 3 - effect, and all rights of Lessee hereunder shall ease& and terminate forthwith. 8. Lessor shall not be liable for any loss, camago or injury of any kind or character to any person or property caused by or arising from any use of the leased premises or the waters adjacent thereto, or by any defect in any building, structure or other improvement thereon or any o quipmont. used in connection therewith, or because any of the some become out of repair, or caused by or arising from any act or omission of Lessee or of its agente,'sm- ployees, licensees or invitees; nor shall Lessor be liable • for any loss, damage or injury caused by collision, fire, explosion or any other cause whatsoever, to the property of Lessee or to the .person, including death, of any of Losseats employees or agents, or of any invitee, licensee or other person entering upon or using or occupying the leased premises, or adjacent waters, or any part thereof, or to any property maintained on said promises or the waters adjacent thereto; and Lessee, as a material part of the consideration of this lease, hereby waives all claims and demands against Lessor for any such loss, damage or injury of Lessee, and hereby agrees to indemnify and hold Lessor entirely free and harmless from all liability for any such loss, damage or injury of other persons howsoever t'.e sane may arise, and for all costs. and expenses oeaa- stoned thereby or arising therefrom. 9. Lessee shall, at its own cost and expense, all times during the term of this lease, maintain and carry for the joint benefit of Lessee and Lessor, property - 4 - wh'ch Lsnseo and Lasso ability insurance, by the terms of liabilit r shall be indemnified y for any damage or against all the , Secluding injury to the party or to Person pro L32 ZOO' or other ding death' of any invitee or licensee of pa n entering upon or using the leased _c -, er any part thereof, an d Is from the use 1 11 beD..nc thereof. the insurance policy or policies maintained t;.oucand dollars ea mlalmum basis of txent (x5,000,00) for d y_five fifty thousand dollars page to property and (,$50,000.00) for personal o +' death of (``100 one person, and one hundred thousand do,,,,,, te • ,000.00) for personal injury or death in cccidcnt; and Lessee shall de any one cafe of each liver to Lessor the certifi- policy. Seance carrier ea to each such insurance 10, Losses shall not transfer or assign this lease or any interest therein 'c", or any part , or sublet the leased thereof, Without pram_ Lecso, first obtained t the xrltten consent of and no such transfer or assignment, iahotho= voluntary or involuntary, by operation of lax, proceedings, n8 s, in bankruptcy withouansuct� consent- in shell be val oreff ctiveer -. Should Lessee suffer to be made attempt to make or any such transfer, assignment or sub_ afores tlere t of Lessee her undoaid, or should any right or I.- or sold b r be attached, levied y or under Court order upon' seized or then'ny of Lee ea be adjudged Snsoly nt o=, b or other_ going events shall be bankrupt, G= the conditions and restrictions of this deemed a breach lease and there- 5 upon Lessor may, at its option, terminate this lease forth- with by written notice thereof to Lessee, and thereupon - this lease shall terminate and end. 11. In the event that Lessee shall fail to pay any installment of rent hereunder when due as hereinabove. p-:ovided, or shall fail to perform any of the other terms, covenants or conditions of this lease as herainabove set fc�th and any such default: shall continue for a period of ton (10) days after written notice.thereof by Lessor to Lessee, then Lessor may, `at its option, terminate this lease by written notice thereof to Lessee and thereupon • Lessor may, without further notice or demand or legal process, re -enter and take position of the leased premises end oust Lessee and all persons claiming under Leases therefrom. 12. Upon the expiration of the term of this lease or any sooner termination thereof, ..Lessee shall, at its own expense, within thirty (30) days thereafter, remove all improvements, equipment and other personal prop- - erty erected or placed by Lessee in and upon the leased promises, and Lessee shall clear the same of any and all rubbish and debris and shall fill and level off-any and all excavations made by Lessee thereon, and Lessee shall quit and surrender said premises to Lessor. In the event tha'Z Lessee shall Sail, within said thirty -day period, to remove said improvements and other property from the leased promises, the some shall, at the expiration of said period, become the sole property of Lessor, free of any and all claims and interests of Lessee. - 6 - r 13. Whenever either party hereto desires to give written notice to the other respecting this lease, ouch notice shall be personally delivered to an officer of either -PArtyor shall be sent by registered mail, postage prepaid, and directed to either party at its last known bcsinoss address in Orange County, California. The serv- ice of any such notice shall be deemed complete at the tino of such personal delivery or two (2) days after the deposit thereof, so addressed and registered, in the United States mail in said Orange County. 14. All rights, options and remedies of Lessor . contained in this .lease shall be construed and hold to be curaulativo and not exclusive, and Lessor shall have the riGht to pursue any one or all of such remedies, or any other remedy which may be provided by law, whether or not stated in this lease. No waiver by Lessor of any breach of any of the covenants or conditions of this lease by Lessee shall constitute a waiver of any succeeding or pre- ceding broach of the same or any other covenant or condi- tion herein contained. Should Lessor institute any action to enforce or protect or establish any of its rights and ramodies hereunder, then Lessee agrees to pay to Lessor • all costs incurred in said action, including a reasonable sum as attorney's fees, whether such action is prosecuted to judgment or not. 15. Time is of•the essence of this lease. This loasc shall inure to the benefit of and shall bind the assigns and successors in interest of Lessor, and subject to tho restrictions of paragraph 10 hereof, the assigns. and - 7 - r 1 r • 1 • C successors in interest of Lossee. IN 67i1riESS WhEnor, each of the parties hereto iasoxooutod this lease by its officers . thereunto duly suthorizod and Its oorporato seal affixed herstop the day and yoar first above writtor.. THE IRVINR COMPANY Bp a t. VW6 Pre,91dout Hp A&MANT ecretary -Lessor SfIBI.IX&OR INC. ea en eoretary' Lessee _g_ NStruction Date AGREEMENT EXTENDING LEASE THIS AGREEMENT, made as of the 7th day of May, 1964, by and between THE IRVINE COMPANY, a I-lest Virginia corporation, herein called 'Lessor," and SHELTMAKEH INC., a California corporation, herein called "Lesseeo" V I T N E S S E T H-. 1. Recitals: a) The parties hereto we respectively Lessor and Lessee under that certain lease dated May 1, 1959, to land situated in the County of Orange, State of California, more particularly described in said lease; b) The term of the aforesaid lease expires May 31, 1964. c) It is the mutual desire of the parties by this Agreement to extend the term on a month to month basis as bereinbelov provided: 40 2. Term: The term of the aforesaid lease of May 1. 1959, is extended from month to month, terminable by either party upon ninety (90) days' notice in writing to the other. 3. Rental: Lessee agrees to pay to Lessor as rental for the use and occupancy of the lensed premises under the terms as so extended the sum of one Hundred Dollars ($100.00) per month, in advance, payable on the 1st day of each month commencing June 1. 1964, and continuing thereafter until the lease is terminated as hereinabove provided. 4. General. Except as herein modified or amended, the laws of May 1, 1959, shall remain unchanged and in full force and effect. • IN WITNESS WHEREOF the parties hereto have executed this Agreement by their corporate officers thereunto duly authorized and their corporate seals affixed as of the dW and year first above written. THE IRVINE COMPANY SHELLMAKER INC. 13Y 3y C/- -I , i' . /-Vico President BY �.- . 1. lj,- (", t By -IASSiatant Secretary "Lessor" "Lessee" LICENSE AGREEMENT This Agreement made and entered into as of the � 0 day of tu4it , 1965 by and between THE IRVINE COMPANY, a West Virginia corporation, herein called "Irvine ", SHELLMAKER, INC., a California corporation, herein called "Shellmaker" and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, herein called "University" R E C I T A L S. Irvine is the owner of certain real property located on Shellmaker Island, located in the County of Orange, State of California. Shellmaker is the Lessee, pursuant to lease dated May 1, 1959, as extended by Agreement dated May 7, 1964, of a certain portion of the land owned by Irvine on Shellmaker Island partic- ularly.described as follows: Approximately one (1) acre on the most southerly end of Lot 2, Section 26, Township 6, South, Range 10 West, San Bernardino Base and Meridian. The University of California, Irvine Campus, desires to establish a rowing program in connection with the University, and in connection therewith to construct certain facilities upon Shellmaker Island. ' W I T N E S S E T H: 1.01. Irvine and Shellmaker hereby grant to University a license to enter upon the land owned by Irvine, and leased to Shellmaker, described as follows, upon the following terns and conditions: Commencing at a concrete monument set in the ground on the eas.terly edge of Newport Bay known as point 27 of the adjudicated line as shown on the Record of Survey at Book-80, • .__-- . - 'Pages., 13, and 14,,,.Orange, County Records., - -• - -.- — zone California coordinates being N533, 315.86 E1, 500, 928.14; thence from --- -" -' -' said point 27 S130- 41' -0" 8243.96' along - the.said adjudicated line to point 26. -Said bearing based on California coordinate system zone 6 to serve as basis of bearings of this - description. Thence leaving said adjudicated line west 110.00' to the true point of beginning; thence from said troy point of beginning &W 5 —Col. iHBO feet store or less to a point. Said point 3,sit G 8' bears'weat 30.00 feet from a 2 x 4 wood stake set in the ground marking the northwest corner of a proposed shell house; thence South 200.00 feet; thence east 350.00 feet; thence north 393.0 feet more or less to the true point of beginning, Excepting therefrom all lands lying easterly of the easterly line of Lot-2 Section 26, Township 6, South, Range 10 West, San Bernardino Base and Meridian, coamonly known as Shellmaker Island. 1..02. University may enter upon the above - described -property to construct entirely at its own expense the improvezants • shown on the map which is .attached hereto as Exhibit "A'.' at the location shown on said map., and to dredge a. suitable boat launching area as shown on said map. 1..03. The term of the License granted herein shall be five (5) years from the date of .execution of this Licence or the date of termination, for any reason whatsoever, of the aforesaid lease dated May 1., 1959, whichever is earlier. Irvine or Shellmaker reserve the right to terminate the License herein granted upon 120 days notice should it become necessary or desirable . due to dredging operations or any other operation concerning, the upper Newport Bay. . 1.04. This License shall be limited to utilization of the premises in connection with the 'rowing program at the University of California. University agrees to utilize the premises only for such purposes and shall not use or permit any person to use said premises, or any part thereof, for any purpose other than is here'inabove provided, or in violation of any public law, ordinance or regulation in anywise applicable thereto. 2 1.05. University will not commence the construction of any improvement upon the premises without the prior written approval of Irvine and Shellmaker. 1.06. University shall at all times during . the term hereof carry and maintain for the joint protection of Irvine, Shellmaker, and University, property damage and public liability insurance by the terms of which Irvine, Shellmaker, and University shall be indemnified against liability for any damage to the property or personal injury, including death, of any person entering upon or using-the premises, or any part thereof, and arising from the use and occupancy thereof. Such insurance shall be maintained on the minimum basis of Fifty Thousand Dollars ($50,000) for property • damage and Three Hundred Thousand Doll,ars.($300,000) for personal injury to or death of one person and Five Hundred Thousand Dollars ($500,000) for personal injury or death in any one accident. University shall pay all premiums and other charges in respect to such insurance and shall from time to time deposit with Shellmaker and Irvine the Certificate of the insurance carrier as to each policy of such insurance. 1.07. Irvine and Shellmaker shall not be liable for any loss, damage or injury of any kind whatsoever to the property of University or the property or person., including death, of any of University's members, agents, students, or invitees or of any other • person whomsoever caused by any use of the premises or by any defect in any building, structure or other improvement thereon, or occasioned by the failure on the part of University to maintain said land in safe condition, or by any act or omission of University or any of University's members, agents, students, or invitees, or arising from any other cause whatsoever; and University, as a -3- material part of the consideration of this License, hereby waives on its behalf all claims and demands against Irvine and Shellmaker for any such logs, damage or injury suffered by University, and . hereby agrees to indemnify and save Irvine and Shellmaker free and harmless from liability from any such loss, damage or injury of third persons, and from all costs, expenses, and charges, or in connection therewith. • 1.08. Upon the expiration of the term of this License or any earlier termination thereof, all buildings, structures, and other improvements erected by University on the premises herein described shall be removed by University at its own cost -and expense and University shall clear said premises of all debris by reason of the removal of said buildings, structures, improvements . and .equipment, and said premises shall be surrendered to Licensor in good order and condition. IN WITNESS WHEREOF, each of the parties hereto has caused this Lease to be executed by two of its officers thereonto duly authorized and its Corporate Seal to be affixed, as of the day and year first.above written. THE IRVINE COMPANY By �DCSE P ESiD NT I BY �. NAY. ASSISTANT SECREXXkY • SHELLMAKER, INC. By Fes/- By. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA� AP ?C'O'. "cD AS TO FORM: � A ISTAN7 SECRETARY -'.; .. .i.0 .l G.. C= F T:i ❑:::•4f.:.;'I G C/:1 C2NM NIn ' By STATE OF CALIFORNIA ) 3 ss COUNTY OF ORANGE On AUG- 3 0 1955 before me, the undersigned, a Notary WulTiEIn and tor said County and State, personally appeared Mgsgl , known to me to be the ME President an known to me . to e_-tTie- Assistant Secretary o I IN COMPANY, the corporation that executed the within instrument and known to me to be the per- sons who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the within.. instrument pursuant to its By -Laws or a resolution of its Board of erectors, r my and and official S seal. teµ d Cal .. ouft O . lbt. In Pr :e la S•.,,... ...., -. -• otary u c n an or s-R My Com ;,dm E pirm oamrsber 7, 1965 oun ty and State STATE OF CALIFORNIA ) COUNTY OF ass - • On '?'" Ic,,,,. „•G�. /!(r; before me, the undersigned, a Notary u >,c >,n an tor. sa>,a CounCy and State, personally appeared /'.. ;.4. j,:. r/ .i. known to me to be the President an ! -- ::i:. -- . • , known to me to be _tTie,. Secretary of SHELLMAKER, INC., a California Corporation, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the within .instrument pursuant to its By -Laws or a resolution of its Board of Directors. WITNESS my hand and official seal. t Mr co. m a E.t f� Dm aa. lY Notary Public, in and for said 61 County and State STATE OF CALIFORNIA ss. COUNTY OF on , before me, the undersigned, a Notary Public in and for sa-M- County and State, personally appeared known to me to be the of The Regents of the University of California, a public corporation, and known to me to be the person(s) who executed the within instrument on behalf of said public corporation and acknowledged to me that The Regents of the University of California executed the_ same. IN 14ITNESS WHEREOF, I have hereunto set my hand, and laffixed my Official Seal., at my office in the County of 1 the day and year in this Certificate first a ova written. . Notary Public in an Yon sa>, County and State -5- M k t jr 1 EXTENSION OF LICENSE AGREEMENT • THIS AGREEMENT is made and entered into as of the 30th day of August, 1970, by and between THE IRVINE COMPANY, a West Virginia corporation, herein called "Irvine ", SHELLMMR, INC.,. a California corporation, herein called "Shellmaker ", and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, herein called "University ". • RECITALS Irvine, Shellmaker, and University entered into a License Agreement as of August 30; 1965, by which Irvine and Shellmaker granted to University a five year revocable license ,touse certain real property located on Shellmaker Island, Orange County,. California, for facilities related. to University's rowing program. All parties desire to extend the term of said License Agreement for an additional period of five years. W I T_ N_ E S_ S_ E_ T_ H_: • _ 1. Paragraph 1 03 of said License Agreement is revised to read as follows: ,. "The term of the license granted herein shall be the five year period ending August 30, 1975, or the date of termination, for any reascr. whatsoever, of the Lease - ' Agreement of May 1. 1959, between Irvine and Shellmaker, whichever is the earlier date. "Irvine or Shellmaker reserve the right to terminate the Licence herein granted upon one hundred twenty (120) days' written j E i .. I c s i 1 I Cn. •Y I • notice to University should it become necessary or desirable due to dredging or any other operations concerning the upper Newport Bay. University shall also have the right to terminate the License upon one hundred twenty (120) days' written notice to Irvine and Shellmaker.LL 2. Except as expressly amended hereby, said License Agreement shall remain in full force and effect, IN WITNESS WHEREOF, each of the parties hereto has caused this License .Agreement to be executed.by its duly authorized officer or officers and its corporate seal • to be affixed as of the day and year first above written. • ,j\,p1E CO21,o TH SEAL -.�L a APPROVED AS TO FMAI �� / JAMES E HOLST ASST ANf COUNSEL Of ENE REGENTS Of THE UNIVfiE11Y Of CALOC &NIA SHELLMAKER, INC. . By THE REGENTS OF THE UNIVERSITY By OF CALIFORNIA,Q ASSISTANT SECRETARY By 1 I • E 46— cosr,;: -m-SA kA f f N�o E14 71 a Y, /AP I ki Er a-.1 ! the Assembly Bill No. 83 Ia ive he 'he CHAPTER 415 er, An act to amend Section 1 of Chapter 526, Statutes of 1919, and to ge repeal Chapter 2044, Statutes of 1957, relating to sovereign lands is granted to the County of Orange in trust. [Approved by Govemor August. 28, 1975. Filed with Secretary of State August 29, 1975.1 LEGISLATIVE COUNSEL'S DIGEST AB 83, Badham. Ecological reserves: state land in Orange County. • Under existing law certain tidelands and submerged lands have been granted by the State of California to Orange County upon certain trusts and conditions for their use and subsequently portions of these granted lands were declared to be no longer in fact tidelands or submerged lands and Orange County was permitted under cer- tain conditions to convey such portions of land. This bill would repeal the provisions of law which declared such lands to be no longer tidelands or submerged lands and which grant - ed Orange County the authority, as specified, to convey such lands and would provide that such lands may also be used for purposes of public recreation and preservation in a natural state and as an ecolog- ical reserve. The bill would permit the county to grant portions of the lands to the State Department of Fish and Game for ecological re- serve purposes and to the City of Newport Beach for public beach purposes. The bill would further provide that if the department or the city fails to use the lands for the specified purposes the lands shall revert to the county. The bill would subject the tidelands to specified terms and condi- • tions, particularly concerning the use of revenues therefrom. The people of the State of California do enact as fol lows: SECTION 1. Section 1 of Chapter 526, Statutes of 1919, is amended to read: Section 1. There is hereby granted to the County of Orange and to its successors all of the right, title and interest of the State of California held by said state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under Newport Bay in the said County of Orange, which were outside of the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919, the same to be forever held by said countyand by its successors in trust for the - uses and purposes and upon the express conditions following, to wit: (a) That said lands shall be used by said county and its successors . .... ... 113 ,2.8325 18 Ch. 415 —2— for purposes in which there is a general statewide interest as follows: (1) For the establishment, improvement and conduct of a public harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and appliances necessary or convenient for the promotion or accommodation of commerce and navigation, provided that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3) of subdivision (a) of this section. (2) For the establishment, improvement and conduct of public bathing beaches, public marinas, public aquatic playgrounds and similar recreational facilities open to the general public, and for the construction, reconstruction, repair, maintenance and operation of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses, provided that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in'paragraph (3) of subdivision (a) of this section. (3) For the preservation, maintenance and enhancement of said lands in their natural state and the reestablishment of the natural state of said lands so that they may serve as ecological units for scientific study, as open space and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. (b) Except as otherwise provided in this section, said county, or its successors shall not, at any time, grant, convey, give or alienate said lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever; provided, that said county or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding 50 years for purposes consistent with the trust upon which said lands are held by the State of California, and with the uses specified in this section. (c) Said lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of said lands for any public purpose not inconsistent with commerce, navigation and fishery, by the state, or any board, agency or commission thereof, nor by the county of any funds received for such purpose from the state or any board, agency or commission thereof. (d) In the management, conduct, operation and control of said lands or any improvements, betterments, or structures thereon, the county or its successors shall make no discrimination in rates, tolls or 2 83 45 22 1V--- ....._.. ._ r4!'4� • • -3— Ch. 415 charges for any use or service in connection therewith. (e) The State of California shall have the right to use without charge any transportation, landing or storage improvements, betterments or structures constructed upon said lands for any vessel or other watercraft or railroad owned or operated by the State of California. (f) There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose, which rights shall be subject to such rules and regulations as are necessary for the accomplishment of the uses specified in subdivision (a) of this section. (g) There is hereby excepted and reserved in the State of California all deposits of minerals, including oil and gas, in said lands, and to the State of California, the right to prospect for, mine, and remove such deposits from said lands; provided, however, that such prospecting, mining, and removal shall not unreasonably interfere with the use of the lands granted herein for the purposes set forth in paragraph (3) of subdivision (a) of Section 1, (h) Within 90 days of the effective date of the amendment of this section at the 1975 -76 Regular Session of the Legislature, the county shall grant to the State of California, acting by and through the State Lands Commission, such portions of said lands as are located within the parcel of property described in subdivision (a) of Section 2, for the establishment, and improvement and conduct of an ecological reserve, or wildlife refuge, or both, and other compatible uses by the Department of Fish and Game; provided, however, that if at any time the Department of Fish and Game no longer uses such portions of the lands so granted by the county to the State Lands Commission for such a purpose.the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. Forthwith upon receipt of such a grant from the county to the State Lands Commission, the State Lands Commission shall lease the lands so granted to the Department of Fish .and Game. The public benefit shall be the sole consideration to be received by the State Lauds Commission from the Department of Fish and Game for said lease. Any and all income received by the Department of Fish and Game from the lands so leased shall be used only in connection with the department's improvement and administration of the leased lands. For purposes of this subdivision, the term ecological reserve means the definition given to the term in Sections 1580 to 1584, inclusive, of the Fish and Game Code. (i) The county may grant to the City of Newport Beach, a municipal corporation, that portion of said lands which are described in subdivision (b) of Section 2 (presently known as North Star Beach) for the establishment, and improvement and conduct of a public beach and related public facilities; provided, however, that if at any time the City of Newport Beach no longer uses said portion 2 83 60 26 Ch. 415 —4— of said lands so granted by the county to the city of Newport Beach for such a purpose the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. The use of any lands conveyed by the county pursuant to the provisions of this subdivision shall be compatible and not unreasonably interfere with any use of adjacent lands in accordance with paragraph (3) of subdivision (a) and subdivision (h) of this section. 0) The provisions of Section 6359 of the Public Resources Code shall not be applicable to this amendment of the grant to the county. (k) The county shall establish a separate tidelands trust fund or funds in such manner as may be approved by the State Lands Commission and the county shall deposit in the fund or funds all moneys received directly from, or indirectly attributable to, the granted tidelands in the county. (1) Notwithstanding any other provision of law to the contrary, the county, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands for any or all of the purposes set forth in this act. (m) Such revenues may be deposited in one or more reserve funds for use in accordance with the terms and conditions set forth in this act. (n) As to the accumulation and expenditure of revenues for any single capital improvement on the granted lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the county shall ,file ,with the State Lands Commission a detailed description of such capital improvement not less than 90 days prior to the time of anv disbursement therefor or in connection therewith, excepting preliminary planning, The State Lands Commission may. within 90 days after the time of such filing, determine and notify the county that such capital improvement is not in the statewide interest and benefit or is not authorized by the provisions of subdivision (1) of this section. The State Lands Commission may request the opinion of the Attorney General on the matter, and if it does so, a copy of such opinion shall be delivered to the county with the notice of its determination. In the event the State Lands Commission notifies the county that such capital improvement is not authorized, the county shall not disburse any revenue for or in connection with such capital improvement, unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The county is authorized to bring suit against the state for the purpose of securing such an order or adjudication, which suit shall have priority over all other civil matters. Service shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in such suit, no costs shall be recovered against it. (o) At the end of every third fiscal year, beginning June 30, 1977, 2 83 80 30 • LJ -5 -- Ch. 415 that portion of the county tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities have been made, shall be deemed excess revenues; provided that any funds deposited in a reserve fund for future capital. expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act; including such improvements which may be paid for by the county from such revenues within the lands to be conveyed to the state pursuant to this act, may be considered as expenditures for the purposes of determining net revenues; provided, however, that if made after the effective date of this act they may be so considered only if made in accordance with subdivision (n) of this section. The excess revenue, as determined pursuant to subdivision (n) of this section, shall be divided as follows: 85 percent to the General Fund in the State Treasury, and 15 percent to the county to be deposited in the trust fund and used for any purpose authorized by subdivision (I) of this section. (p) The State Lands Commission; at the request of the county, shall grant an extension of time, not to exceed 30 calendar days, for filing any report or statement required by this act which was not filed due to mistake or inadvertence. (q) In the event that the county fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the.Attorney General shall, upon the request of the State Lands Commission, bring such judicial proceedings for correction and enforcement as are appropriate, and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days of the occurrence of such failure or refusal and of actions taken as a result thereof. (r) The State Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may deem necessary in the terms and conditions of this act. (s) The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments thereto, have been complied with in good faith. (t) The State Lands Commission shall, on or before December 31st of each year, report to the Chief Clerk of the Assembly and to the Secretary of the Senate, the full details of any transaction or condition reported to the commission pursuant to this act which it deems in probable conflict with the requirements of this act, or with . I 2 M 95 33 • Ch. 415 —6— any'other provision of law. (u) The Attorney General, on request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the grantee has been given an opportunity to fully express any disagreement with the commission's findings or to describe any extenuating circumstances causing the violation, shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the county holds such tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or other legislative enactment, or to compel compliance with the terms and conditions of the grant and any other provision of law including, but not limited to, this act. (v) The county shall cause to be made and filed with the State Lands Division, annually, a detailed statement of receipts and expenditures by it of all rents, revenues, issues and profits in any manner hereafter arising from the granted lands or any improvements, betterments or structures thereon. The Department of Fish and Game and City of Newport Beach, in lieu of the county, shall establish such funds, make such deposits. and make such statements as to any lands conveyed to said department and city pursuant to subdivisions (h) and (i) of this section. (w) The provisions of Public Resources Code Sections 6701 to 6706, inclusive, shall be applicable to this section. SEC. 2. The land described in Section 1 includes the following: (a) All those sovereign tidelands and submerged lands, whether filled or unfilled, partly in the City of Newport Beach, all in the County of Orange, State of California, being: Lots 1 and 2 of Section 23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6 South, Range 10 West, San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, records of said County; Tideland Patent No. 204, from the State of California recorded July 19, 1907 in Book 1, page 245 of Patents, records of said County; Portions of Blocks 4, 5, 51, 52; 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page 88, Miscellaneous Record Maps, records of said County, included within the following described boundary and any other land owned by grantor included within said boundary: Beginning at the Northeast corner of Lot 12, Tract No. 4224, as shown on a map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said Orange County; thence along the boundary of said Tract the following described courses: 1. South 36° 37' 10" East 118.99 feet; 2. South 21° 22' 02' East 266.44 feet; 3. South IT 05' 01" East 103.13 feet; 4. South 4° 18' 23" East 214:74 feet; 5. South 4° 38' 29' East 190.28 feet; 6. South 2(f 22' 24" East 193.47 feet; 2 83 110 36 r- • -7- Ch. 415 7. South 3° 05' 03" West 88.53 feet; 8. South 23' 28' 09" West 87.23 feet; 9. South 33° 22' 06" West 272.21 feet; 10. South 26' 11' 31" West 242.29 feet; 11. South 2T 24' 07" West 160.08 feet; 12. South 22° 36' 56 West 160.31 feet; 13. South 29° 28' 14" West 307.32 feet; 14. South 10 19' 39" West 116.92 feet; 15. South 0° 11' 19" East 81.39 feet; 16. South 11° 31' 25" East 80.01 feet; 17. South 21" 04' 53" East 162.61 feet; 18. South IT 00' 06" East 80.02 feet to the Southeast corner Lot 45, said Tract No. 4224; thence leaving said boundary; 19. North 77 33' 39" East 84.52 feet; thence 20. South 46" 35' 28' East 50.93 feet; thence 21. South 77° 44' 07" East 23.54 feet; thence 22. North 84° 48' 20" East 55.23 feet; thence 23. South 47° 24' 48" E. 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 20° 08' 29" East 208.14 feet along, said line to said Northwesterly corner; thence along the boundary of said Tract No. 4224 the following described courses: 25. North 69° 51' 31" East 130.00 feet; 26. South 18" 07' 35 East 156.92 feet; 27. South T 33' 23" West 122.82 feet; 28. South 38° 25' 04" West 137.05 feet; 29. South 56" 24' 35" West 99.89 feet; 30. South 5f° 05' 35" West 127.86 feet; 31. South 44" 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33. South 34" 18' 41" West 162.79 feet; 34. South 11° 26' 49" East 90.42 feet; 35. South 52° 53' 55" East 218.43 feet; 36. South 28° 06' 02" East 252.56 feet; 37. South 20° 31' 44" East 59.20 feet; 38. South 24° 30' 02" East 299.33 feet; 39. South 33° 05' 39" East 204.70 feet; 40. South 18' 18' 25" West 213.42 feet; 41. South 9° 51' 31 West 235.00 feet; 42. South 69° 21'51' West 209.71 feet to the Southwesterly corner of Lot 80, said Tract No. 4224; thence leaving said boundary; 43. South 17°08' 25" West 106.94 feet; thence 44. South 50" 25' 57" West 252.09 feet; thence 45. South 41° 32' 54" West 446.29 feet; thence 46. South 31° 18' 49" West 140.46 feet; thence 47. South 9° 30' 24" West 211.91 feet; thence 2 83 125 39 Ch. 415 -8- 48. South 0° 40' 50' West 393.71 feet to Station No. 110 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said Station being an angle point in the boundary of said Tract No. 4224; thence 49. South 1° 53'041 East 122.43 feet along said Ordinary High Tide Line and boundary to Station No. 111 of said Ordinary High Tide Line; thence leaving said Line and boundary 50. East 100M feet; thence 51. South 7° 43' 45" West 798.21 feet; thence 52. South 424.00 feet; thence 53. East 563.00 feet; thence ' 54. North 26' 19' 40" East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area" described in a lease recorded in Book 7640, Page 298, said Official Records; said point being South 82' 17'23' West 100 feet along said line from Station No. 25 of said Ordinary High Tide Line; thence 55. North 8T 17'23' East 100.00 feet along said line to said station; thence 56. South 24° 13'27' East 39.30 feet along said Ordinary High Tide Line to the Northwesterly terminus of that ceriain 80.00 foot strip of land described in a deed to the County of Orange for Back Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 66° 17' 51" East 6.35 feet along said Northwesterly terminus to a point on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269, said Official Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 66° 1T 51" West; thence along said right of way line the following described courses: • 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40'; 59. North 14° 48' 31" East 93.81 feet; 60. Northeasterly 157.19 feet along a 320.00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40 '; 61. North 4T 57' 11" East 123.69 feet; 62. Northeasterly 64.824eet along a 220.00 foot radius curve that is concave Southeasterly through an angle of 16' 52' 50 '; 63. North 5T 50' 01" East 82.93 feet; 64. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 37 45' 20'; 65. North 22' 04' 41' East 8.49 feet; 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave Southeasterly through an angle 57 55' 48'; 2 83 140 42 -9- Ch. 415 67. North 80° 00' 29" East 97.75 feet; i 68. Easterly 174.88 feet along a 1980.00 foot radius curve that is I' concave Northerly through an angle of Y 03' 38 "; 69. North 74° 56' 51" East 116.34 feet; 70. Northeasterly 119.54 feet along a 330.00 foot radius curve that . ( is concave Northwesterly through an angle of 20° 45' 20 '; 71. North 54° 11' 31" East 28.69 feet; 72. Northeasterly 92.50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 23° 02' 30 "; 73. North 31' 09' 01" East 37.97 feet; 74. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of 11° 31' 10 "; 75. North 42' 40' 11" East 19.36 feet; 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that is concave Northwesterly through an angle of IT 15' 20 "; 77. North 29° 24' 51" East 110.51 feet; • 78. Northeasterly 180.55 feet along a 230.00 foot radius curve that is concave Southeasterly through an angle of 44° 58' 40 "; 79. North 74° 23' 31" East 71.57 feet; . 80. Northeasterly 131.85 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 41 ° 58' 10 "; 81. North 32° 25' 21' East 98.40 feet; 82. Northeasterly 139,72 feet along a 580.00 foot radius curve that is concave Northwesterly through an angle of 13° 48' 10 "; 83. North 18' 37' 11" East 191.57 feet; 84. Northerly' 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 16' 05' 20 "; 85. North Z.31' 51" East 112.97 feet; 86. Northerly 171.90 feet along a 480.00 foot radius curve that is concave Westerly through an angle of 20° 31' 10 "; 87. North 17° 59' 19" Nest 105.85 feet; 88. Northwesterly 219.44 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 21° 40' 40 "; 89. North 39° 39' 59" West 30.54 feet; 90. Northwesterly 209.18 feet along a 580.00 foot radius curve that • is concave Southwesterly through an angle of 20' 39' 50 "; 91. North 60° 19' 49" West 256.75 feet; 92. Northwesterly 166,34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 45° 23' 00 ' ; 93: North 14° 56' 49" West 2.29 feet; i 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of 84° 53' 40 "; 95, North 69° 56' 51" East 84.37 feet; 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 56' 22' 00 "; 97, North 13° 34' 51" East 926.31 feet; 98. Northerly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 55° 23' 00 "; i _ -- --- _ - 2 83 170 48 Ch. 415 -10- 99. North 41' 48' 09' West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 25' 52' 00'; 101. North 15' 56' 09' West 54.89 feet; M. Northwesterly 165.17 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of IT 19' 00 "; 103. North 32'.15` 09' West 39.22 feet; ' 104. Northwesterly 93.71 feet along a 480.00 foot radius curve that is concave Southwesterly through an angle of 11' 11' 10'; 105. North 43' 26' 19' West 193.40 feet; 106. Northerly 362.21 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 56' 05' 20'; 107. North IT 39` 01' East 252.19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve that is concave Westerly through an angle of 9' 25' 40'; 109. North 3' 13' 21" East 14.17 feet; • 110. Northerly 293.38 feet along a 1820.00 foot radius curve that is concave Easterly throuph an angle of 9' 14' 10'; 111. North 12' 27' 31' East 27.16 feet; 112. Northerly 236.73 feet along a 1180.00 foot radius curve that is concave Westerly through an angle of 11' 29' 40'; 113. North 0' 57' 51` East 82.33 feet; 114. Northerly 194.78 feet along a 620.00 foot radius curve that is concave Easterly through an angle of 18' 00' 00'; 115. North 18' 57' 51' Fast 20.34 feet; 116. Northeasterly 170.04 feet along a 150.00 foot radius curve that is concave Southeasterly through an angle of 64' 57' 00'; 117. North 83' 54' 51' East 78.48 feet; 118. Northeasterly 127.39 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 40' 33' 00'; 119. North 43' 21` 51' East 57.99 feet; 120. Northeasterly 184.74 feet along a 1520.00 foot radius curve that is concave Southeasterly through an angle of 6' 57' 50'; 121. North 50' 19' 41' East 31.50 feet; • .122. Northeasterly 218.92 feet along a 1480.00 foot radius curve that is concave Northwesterly through an angle of 8' 28' 30'; 123. North 41' 51' 11' East 44.65 feet; 124. Northeasterly 194.36 feet along a 1220.00 foot radius curve that is concave Southeasterly through an angle of 9' 07' 40'; 125: North 50' 58' 51' East 66.39 feet; 126. Northeasterly 300.05 feet along a 1780.00 foot radius curve that is concave Northwesterly through an angle of 9' 39' 30 "- 127. North 41' 19' 21' East 33.58 feet; 128. Northeasterly 154.36 feet along a 380.00 foot radius curve that is concave Northwesterly through an angle of 23' 16' 30'; 129. North 19' 02' 51' East 42.03 feet; 130. Northerly 216.88 feet along a 580.00 foot radius curve that is concave Westerly through an angle of 21' 25' 30'; 2 83 190 52 • • -11- Ch. 415 131. North T 22' 39' West 302.88 feet; 132. Northerly 255.24 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 39° 31' 30 '; 133. North 36° 08' 51" East 21.09 feet; 134. Northeasterly 403.36 feet along a 520.00 foot radius curve that is concave Southeasterly through an angle of 44° 26' 40 "; 135. North 80° 35` 31" East 628.42 feet; 136. Easterly 289.58 feet along a 320.00 foot radius curve that is concave Southerly through an angle of 51° 51' 00 "; 137. South 47' 33' 29' East 3.72 feet; 138. Southeasterly 115.09 feet along a 355.00 foot radius curve that is concave Northeasterly through an angle. of 18' 34' 30'; 139. South 66' 07' 59" East 375.25 feet; 140. Easterly 209.08 feet along a 780.00 foot radius curve that is concave Northerly through an ankle of 17 21' 30% 141. South 81' 29' 29" East 241.76 feet; 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of IT 11' 001; 143. North 86' 19' 31" East 57.06 feet; 144. Easterly 95.37 feet along a 260.00 foot radius curve that is concave Southerly through an angle of 21 01' 00 "; 145. South 72° 39' 29' East 70.33 feet; 146. Easterly 108.18 feet along a 1380.00 foot radius curve that is concave Northerly through an angle of 4' 29' 30'; 147. South 77' 08' 59" East 180.02 feet; 148. Easterly 96.09 feet along a 220.00 foot radius curve that is concave Northerly through an angle of 27 01' 32' to the Westerly terminus of that certain 60.00 foot strip of land described in Parcel in a deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official. Records; thence 149. North 16° 56'34' West 19.71 feet along said Westerly terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480.00 feet;. thence from a tangent that bears North 73° 03' 26' East 150. Easterly 553.25 feet along said curve through an angle of 66° 02'20' to the beginning of a reverse curve concave Northerly and having a radius of 25.00 feet being the Northerly line of Parcel 3 as described in said deed; thence 151. Easterly 31.15 feet along said curve through an angle of 71 °23' 49" to the beginning of a reverse curve concave Southeasterly and having, a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along said Northwesterly line the following described courses: 152. Northeasterly 96.16 feet along said curve through an angle of 6° 32' 37 "; 153. North 74' 14' 34" East 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that f 2 83 205 55 Ch. 415 -12- is concave Northwesterly through an angle of 36' 09' 52 "; 155. North 38' 04' 42" East 156.00 feet; 156. Northeasterly 547.51 feet along a 842.00 foot radius curve that is concave Southeasterly through an angle of 37' 15'23' to the beginning of a reverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a line that is parallel with and 82.00 feet Westerly of the center line of jarnboree Road, 100.00 feet wide, as described in a deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through and angle of 67' 01' 22' to said parallel line; thence 158. North 8' 19' 43" East 414.47 feet along said parallel line to the Southerly terminus of the Westerly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of Newport Beach recorded in Book 6135, page 155, said Official Records; thence along said right of way line being a curve concave Westerly and having a radius of 2334.00 feet and.being tangent to said parallel line; thence 159. Northerly 295.99 feet along said curve through an angle of 7' 15' 58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; thence non- tangent 160. South 68' 20' 16" West 563.43 feet; thence 161. North 31' 39' 56' West 338.79 feet; thence 161 North 68' 20' 16" East 608.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence 163. Easterly 124.57 feet along said curve through an angle of 1'52' 33' to said Westerly right of way line; thence 164. North 6 18' 34" West 416.16 feet along said line to the beginning of a curve therein concave Easterly and having a radius of 1666.00 feet; thence 165. Northerly 352.71 feet along said curve and right of way line •= through an angle of 12' 07'49' to the Southerly line of the land described in a deed to the Newport Harbor Union High School District recorded in Book 7578, page 670, said Official Records; thence 166. North 84' 10' 45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence 167. Westerly 618.97 feet along said curve and Southerly line through an angle of 17' 43' 56 "; thence leaving said line non- tangent 168. South 57" 44' 19" West 77.81 feet; thence 169. South 64' 51' 54" West 161.27 feet; thence 170. South 64' 25' 17" West 181.82 feet; thence 171. South 66' 59' 55" West 381.32 feet; thence 172. South 75' 12' 12' West 102.44 feet; thence 2 83 245 W \J -13- Ch. 415 173. South 12° 38' 00" West 29.56 feet; thence 174. South 39° 14' 15" West 116.20 feet; thence 175. South 22° 35' 41" West 87.19 feet; thence 176. South 10° 18' 17" West 106.21 feet; thence 177. South 62° 06' 10" West 28.85 feet, thence 178. South 9° 57' 02" West 115.74 feet; thence 179. South 35° 35' 57" West 54.11 feet; thence 180. South 66° 26' 52" West 63.82 feet; thence 181. South 84° 33' 00' West 142.14 feet; thence 182. North 70° 40' 37" West 81,60 feet; thence 183. North 88° 55' 32" West 133.02 feet; thence 184. North 74° 30' 41" West 2.58.38 feet; thence 185. North 83° 40' 51" West 149.91 feet; thence 186. North 39' 13' 32" West 31.63 feet; thence 187. North 66° 23' 34" West 147.33 feet; thence 188. North 57° 47' 03" West 633.42 feet; thence 189. North 65° 24` 57" West 219.50 feet; thence 190. North 55° 57' 02" West 176.81 feet; thence 191. North 74° 28' 33' West 140.11 feet; thence 192. North 64° 33' 00' West 91.92 feet; thence 193. North 76° 57' 50" West 46550 feet; thence 194. North 83° 23' 12" West 104.19 feet; thence. 195. South 47° 54' 39" West 20.89 feet; thence 196. South 89° 45' 48" Nest 121.00 feet; thence 197. North 78° 34' 22" West 143.85 feet; thence 198. North 82° 27' 21" West 262.77 feet; thence 199. North 69° 45' 06" West 259.40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radial to said point bears South 22° 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle of 6° 40' 50" to the Westerly terminus of said curve; thence 201. South 73° 50' 27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202. North 16'09'33' West 100.00 feet along said boundary and the northerly prolongation thereof; thence 203. South 76° 25' 54" West 280.21 feet; thence 204. South 75° 59' 33" West 241.69 feet; thence 205. South 85° 26' 24" West 81.76 feet; thence 206. South 58° 22' 28" West 207.87 feet; thence 207. South 53° 22' 27" West 422.40 feet; thence 208. South 36° 43' 20" West 194.00 feet; thence 209. South 22° 58' 42" West 307.39 feet; thence 210. South 14° 54' 39" West 270.09 feet; thence 211. South 6° 51' 09" West 234.68 feet; thence 212. South 3° 34' 35" West 88.17 feet; thence w 1 2 83 280 70 Ch. 415 —14— 213. South 6° 26' 13" East 98.12 feet; thence 214. South 36' 07' 10" East 22.90 feet; thence 215. South Y 08' 12" East 126.02 feet; thence 216. South 7° 42' 56" West 156.42 feet; thence 217. South 23° 11' 55" West 194.20 feet; thence 218. South 24° 54' 56" West 85.45 feet; thence 219. South 25° 44' 05" West 231.46 feet; thence 220. South 33° 17' 43" West 440.17 feet to a point that is North 54° 13' 20" West 79.13 feet from Station No. 76 of said Ordinary High Tide Line as described in said final decree above referred to; thence 221. South 54° 13'20' East 79.13 feet to said Station No. 76; thence 222. South 0' 24' 52" West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof; thence 223. South 310 37' 12" East 430.16 feet along said Ordinary High - Tide Line; thence 224. South 45'00' 00" West 181.91 feet to the Northeasterly line of • Lot 11 of said Tract No. 4224; thence 225. South 64° 55' 53" East 90.37 feet along said Northeasterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. (b) A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as per map filed in Rook 1, page 88, Miscellaneous Maps, records of said county being bounded as follows: Bounded on the north and northwest by the westerly boundary line of the lands described in the decree in the case of County of Orange v. The Irvine Company, Orange County Superior Court Case No. 20436. Bounded on the southwest by the northeasterly line of North Star Lane as shown on the map of Tract 4224, filed in Book 157, page 1, Miscellaneous Maps, records of said county. Bounded on the east and southeast by that certain parcel described in subdivision (a) of Section 2. SEC. 3. Chapter 2044 of the Statutes of 1957 is repealed. • L 2 83 290 72 171 1 2 3 4 B 8 7 a 9 10 11 12 13 16 18 16 17 18 19 20 21 22 23 24 28 26 27 26 29 30 31 3274 eA 1168EFG 1455 EXEMPT Recording Requested by and WhonI C8 Recorded Mail to; )) Katherine E. Stone ) Deputy Attorney General ) - Office of the Attorney General RECORUEn IN r,;r v,. ;!. ni.cnnoS. 800 Tishman Building )) or 61iAN6C COMM. r.11HIR iA 3580. Wilshire Boulevard ) I11n. Los Angeles, California 90010 ) dor�,t I1 Att MAP:! 1976 )) J. YIYIIiC $LYLE Cc..Ay recorder Space above this line for recorder's use AR. NQ.11 1- " I - 4 '1 &140- - "State of California city of New . Official Business - Y Newport Beach 'to P Document entitled to and Free Recordation Unincorporated Pursuant to Government Code Section 6103//" RAiiiEli'iIM - Deputy Attorney General GRANT DEED This instrument is made this 8th_ day of January_ 197 6 by the COUNTY OF ORANGE, a body politic and corporate (hereinafter referred to as the "County "); WHEREAS, the State of California, in 1919, conveyed to the County, in trust, all of the State's right, title and interest in sovereign tide and submerged lands within Newport Bay located in the County of Orange, by Chapter 526, Statutes of 1919; WHEREAS,a judgment was obtained by the County describing, certain of the lands and interests so conveyed in trust to the County by reason of said Chapter 526 (Orange County Superior Court Civil No. 20436, . recorded in Book 19 of Judgments at page 309); WHEREAS, subsequently serious controversy arose focusing on an agreement between the County and the Irvine Company to axchange certain properties in the Upper Newport Bay 1. i 4 2- aAIMUG 1456 1 area and concerning the uses to which Upper Newport Bay should be 2 pat, the type of development, if any, which should take place in 3 said Bay, the extent and nature of public and private title to 4 lands located within and adjacent to said Bay and the proper 5 amount of real property taxes which should be paid by said Irvine a Company in connection with lands in said Upper Bay area as to 9 which it asserted ownership; said controversy resulted in six • g years of litigation; 9 WHEREAS, in April of 1975, the Upper Newport Bay 10 Settlement Agreement was made the purpose of which is to preserve 11 for the general public and promote as a permanent wetland habitat 12 portions of Upper Newport Bay and to settle more than ten years 13 of controversy concerning the future use of said area. Said 14 Agreement is recorded in Book 11376, page 1514, et seq., in the 15 Office of the County Recorder of Orange County; and 1s WHEREAS, Chapter 526, Statutes of 1919, was amended by 17 Chapter 415, Statutes of 1975, to require the .County to grant is portions of said lands to the State of California, acting by and • 19 through the State Lands Commission subject to the condition that 20 the Commission lease the lands so granted to the Department of ' 21 Fish and Game for the establishment of an ecological reserve or 22 Wildlife refuge or both. Said portions are more specifically 23 described in Exhibit A, attached hereto and made a part herein by 86 this reference; 25 NOW THEREFORE, for valuable consideration., receipt of 26 which is hereby acknowledged, the COUNTY OF ORANGE, a body 27 politic and corporate, does hereby GRANT TO THE STATE OF 28 CALIFORNIA, acting by and through the State Lands Commission, all 29 right, title and interest of the COUNTY OF OMNGE by virtue of 30 Chapter 526, Statutes of 1919, as amended by Chapter 415, 31 Statutes of 1975, in and to that certain property located in the 2. n LJ • 1 2 3 4 6 6 7 B 9 10 11 12 v 13 14 15 16 17 18 19 20 21 22 23 24 28 26 27 28 29 30 31 KES:ce 12 -12 -75 b1,; 1688PE 1457 County of Orange, State of California, described in said Exhibit A. SUBJECT TO: 1. Covenants, conditions, restrictions, reservations, easements and rights of way of record; 2. The condition.that the above described property shall at all times be used for the establishment and improvement and conduct of an ecological reserve, or wildlife refuge, or both, and other compatible uses by the Department of Fish and Game; provided, however, that if at any time the Department of Fish and Game no longer uses said property for the above stated purposes, all of said right., title and interest in said property shall revert to the County of Orange to be held by said County, in trust, pursuant No the provisions of Chapter 415 of Statutes of 1975 .subject to the rights, title and interests of the State of California retained and reserved by virtue of said Chapter 415; and 3. The condition that upon acceptance of this grant, the State Lands Commission shall lease said lands to the Department,.of Fish and Game; the public benefit shall be the sole consideration to be received by the State Lands Commission from the Department of Fish and Game for said lease. IN WITNESS WHEREOF, said County has caused this instrument to be executed by its Chairman of its Board of Supervisors pursuant to Chapter 415 of Statutes of 1975,*and Resolution No. 75 -.515 of its Board of Supervisors adopted on April 9, 1975. DATED: This 8th day of January 1976. ATTEST: COUNTY OF ORANGE CLERK OF SAID BOARD OF SUP�IfVISOR$U Attathment(Embiuit A) 3. � �t By J� 1SQilili- :SI'� --- p g ADRIA IV KUYPER, County Cnunvel OPAN(al: /CUl)TSIY, • I 5 Fi 7 K 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 29 W cr BA 11688P61458 M CtP::';TY i,F OHNNGE ) 1976, before me, the undersigned, a notary Pul,liv . for t ^.e ttate of California, personally appeared known to me to be the Chairman of the Board of Supervisors 'ount.y of 0cange and known to me to be the person who executed the ;,ituin .instr,ment on behalf of the County of Orange. C:, 7TNESS WHEREOF, I have hereunto set my hand and affixed my ofticial seal on the day y and year in this certificate first above ur i. tt en. Notary , u;ic 1" 'n and for said tt.ate' E • 1 2 S 4 5 e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 6A 1E88PE1459 CERTIFICATE OF ACCEPTANCE This is to certify that the real property conveyed by the within Grant Deed to the STATE OF CALIFORNIA, acting by and through the State Lands .Commission, is hereby accepted by the undersigned officer On behalf of said Commission pursuant to authority conferred by Chapter 415 of Statutes of 1975 and resolution of said Commission adopted on January 15 , 1976, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: March 3 1976. L TRIMESrV` -- Assistant Manager STATE OF CALIFORNIA ) ) aE. COUNTY OF SACRAMENTO ) On 2/,&,t. 3 ,1976, before me, the undersigned., a Notary Public in and for said State, personally appeared LESLIE. H. GRIMES , known . to me to be the Assistant Manager, Land Operations, of the STATE LANDS COMMISSION, STATE OF CALIFORNIA, and known to me to be the person who executed the within instrument on behalf of said State Commission, and acknowledged tome that said Commission executed the within .instrument pursuant to applicable State law and a resolution I of said Commission. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above. written. OFYIf;1.A1. SEAL GAYI,E A UYENO A: y�� N07AW PUbLI0- f,ALWORN1A �i,�y A IM rii U:- J..11.191, N�rru.w np�e. IU,. 19. IP)9 4. Nothrye ubl $gala EXHIBIT A • A 1 1688PG 1460 CA 1 1666?91461 EXHIBIT A All Iho•. e.ivcrc+i ;u bdrlurn1, and Submerged land". o )"-d e'r filled or unfilled, pmily ill d+e City of Newport Heat all :u the County of Ora lv- -.:•lair. of California, being: l:ols 1 laud 2 of Section 27, l.nt I of.S, -, n {'S, ),:l: ) apd 2 of Section 26 all in 'i'.ne v.•hip h South. Range 10 ll' ... I. Su. Ib-umrdiuo Meridian, ucv!ndiog lu If.(' off16al plot of sal L.,.,I a• .le"Yo (iu a map record'A :p Ilco1, :t, page 7 of Miscc11.1m,++n Alate. turunl.r 'Isaid (bunt Y: Tiduland 1'al."ut No 214, fmnl lLc St :dc cf t. 1.1-+roil. r"-l-orded July 19. I!ilr7 ,I Hook'). page 245 of Potools, n•;: o, d: of acid County; Purliuns of liln•.ks d.3. 5), .So_, M. 55, +t; ad .3 ! of br'ine's Subdivision, as per map lil,:d in Bmk 1, page: n;, Miseelho, .os Record Maps, records of said (:,,only. included wition the Ldi „i•.iag described boundary and any other land owned by graou :r i.ttiudsl within said boundary: Beginning at Il +e Norllm• :1St corner of Lul 12. Tnnl No. 4291, as • shown on a mop hl••d it. Book 157, page% I through 14, kliweitanvoos Maps, recorrnk of said (l..r,gc County; thence along the b000dary of said Tract till- Jo!Iewiog :ICrer:heel courses: .. 1. "uth 3ri 37' 1+1' lint 118.119 feet; ' 2. tioul li 21' 22' 02' K:ut 26664 feet; 3. South IT IV Ill' E;m 10.3.13 feel: 4. Stith 4' 14' 13' East 219.79 feel; S. South 4' 36' 29' Jlora 1!10.28 rent; .. . 6. South 20' 22' 24' k ;,sl 193,47 feet; 7. Seidl. v': 03' Wesl 88.53 feet; 8. Fnutl: > I' ts' IN' Wass 87.23 feet: 9. Scull. i' :i:' 01V West 272.21 fce.t: 10, Solt;':: ll•:Jl' WvA 24229 feet; J1. South c -.;4 07' West 11'10.08 feet: 12. Scull..'.'." +; 56' N',•.al 1901 feel: 13. Somi. .. 14' West .707.32 feet; 14. Solid. 19'.31' Wrsl 11692 feet: 15. 5,.,.t i, d 11' I9+ Bast 81.39 feet; 16. South I;• 31' 25' Vast 80.01 feol; 17. Sow`.. 11',- •1'51' Vast 16161 feel; 18. Sow) :' ,0' [W Fast P002 feel to the Snulhrul rr r. nrr Lot 45 l . -.+al No. 4224; Ileence leaving Said !rnuri, i..rr: 19. No I:..7 .i3 19' J•I:al 84.52 feel; then,• • 211. Snrr.. +' 15 28' 1 ?ast :41.93 feet: thence 21. Sow.i t" i C 117" Past 23.54 free: thence 22. N,,, I! Y 20' L ?;sal 55.23 feel: thence 23. S,a,:: .'.V 48' h:. 59,94 feel to the inlerserlinn ""1t!. a line: II•..1 :...; I l ; ;lrl angles to the Northeasterly line of Ott :74, stud T..,, `... ''[24.:u,d pisses through the Nortlnw•slet 1y (un,er of ;.:tl •: �.,t .54: Ihonce 24. Sun:+, ',1' IN' 20' 1'.:151 208.14 feet along .s:.id Gn•' to said N• „I:;. r.h dy e•urnerl thence along the ha+a n :aey ..f said 'I I:... • . d9:21 the following described "norms: 25. N,o ;i. :. : :.51' :11' Wit 130.00) feel: 26. Sim,': :`+ l-T 35' h:asl 156.92 feel; 27. S,,u ;., i" aY XI' W,,t 122.82 feel; 28. S,.Itu. 15' 111' llre"t 137115 feel: 29. 61:LU, : .1.1' 15' Wail f6mil feet; 39. :Soot . ` i` RS a.5' West )^_7.86 feet. 31. ,oull, It 14' 0:1' West 117.00 feet; 32. Noll, , IY (1S' West 216.76 feel; 3.1. S„u 11 :.i IM 41' %%Ysl 162.79 Peek 34. 5,:.+I:: 1 t 26' q9' Ea st 91.42 feet; 35. ti.mih .,'s' S:f 55' Kett 218.93 feet; 38. S: n:'.1, r5' fez 1122' Has: 2.52.56 feet: 37. Sol.);, 11' 44' 1•:asl 54.20 fr.ot: 3m 5 :. : : :' :.i Gi (12' P,M 2Yf.33 fit 39. S.:,,.,, .; u; :1Y' I•.:1q 21410 feel; Of tin.`). I,. Li 25' \Vast 213 .42 feel: 41. Son '. )' .11' %V,•"1 ?.'d.(9) feel: 42 S 11'7U* lV.•"1 410171 fret tIMw'r, o.. ...... ,. r s.,iA 11 aH N,,. 9226. Ihegi +- 1..... ., . 43. Svl:'... 1 • tw' 25' Wesl If1i 94 feel: then,.,:,. 49. S•,;:.:. Pi 57' Nest 2521[) f s'I; Ilumnl:,v 95. S.....0 41':12' 5V 1Vrs1 44629 feet. thence 46. So:,,%. . "i 1. IS' 49' R4M 140.46 feet: throe•• 47. S.,. .I •; 3W 24' West 21191 feet; lhenc•- EXIIIBI.r A. 8k 1 1688P61462 48. Scull, 11' .ill 'd1' West 39.7.71 fret to Station Nu. I In of 11-11 Orrbnary 1:1,;I, "fido fide as described in Ila• final k , w, entrrl -d 1:1 I No 20436 Superiln C:uurl of V' ill 0I 101W County, ;,IIJ':lalio i being an angle poiul in tl,n I:,n Bela u' of will n., I \n. "i- n4, floret, 49. Stnrth r ii t' n 1" East 122A•1 frrl along said Ordinary High 'I'id1: line :u:d I ­ la,lary to Slation No. I II of said (itdivary 11196 Tide Lou; clay,, c. li -aviog said line and buuodary 50, haul 1(x1-[, o I; throve 51. Scot 11 7 .1'1' -:'l' %Vest 79k.21 fret; thence - 52. South 4214 11) , t1wo" .i3. Fast 5M is; I, -9: Ilrnoo 1-4. Noll 9, I" 10- Fast 467124 fret to a p,iinl ill the nlgrl North, , Is her of Ow "Boat i.aiunching Ara° drserlbrd at a Irasr rrrn,.I I in lions 7f'rlll. Page 296, sail Ofljvi<I I1- vlorilsl said po,ot b, -ing 5nulh: 62' 17' 23" Nest IM feet :doog sit) !ine • from m,o inn G.. 25 of said Ordinary Iiigh Till, Lieu; t'nencc 55. North 62' 17' i3- fast IfM1.00 feet along said line to said station; thence 56. South? V 1.1''2!" Fast 39.30 feet along said Ordinal), High Tide Line. to the N6rtlweslerly terminus of that certain li )AXI foot . strip of land dcwsibed in a nerd to the County of Orange for Rack Ray Uri v. t, formerly 7laysidc Drive, ret urded in Book . 4288, page `Llai; Official Records of said Orange Cinulyl thence. 57. North Or 17' S1' Nast 6.35 feel :along said Nortliv"sictly termimislo a pAnt tin the Soulhwerierly right of way line of Rack Bay Olivc, formerly palisades Road, 40.IM) it I s +'ids, as deserilyd in a decd to the County Of Orlrg,j, rpa,ried in Book 1037, page 2ti9, said Official Records, said point being the bcginoingof a curve concave B.aslerly and having a radius of 22t10t) tort, a rudiul to said point brom South lira 17' 51' Wnsl; Reset. ah;ur said right of way line .tile loll ... ving described e.., +. 58.'Norlhurly 147A7 feel along said curve through sn angle n1'19' 30' 40': 39. North IC 48' 31. East '17.81 feet; 60: Northeasterly 157.19 Taut along a 320.00 foot radius curve that is conclave Southeasualy through an angle of 'M' (is 4u'; 61, North 42' 57' 11' [last 123.69 fecC •. 62. Northeasterly 64112 let-t along 220.00 fool radius curve that is concave. Sow I.eastcrly through an angle of W 52' 50'; 63. North 59' 50' 01' E'U,t 8293 feel; 64.' Northeasterly 151.56 fall along a 230.00 foot radius curvo that is concave Norlhwealerly through an angle of 3T -IS 211'; 63. North 22' M' 41' F:ml 6 47 feet; 66. Norticasleily 37:1 Ill fccl :Jong a 370.00 fool radius rurvr: that is cancav8 Sonlhcaslerly through an angle 57' 5i 41-'; ,67. North PAY M 211' Past 97.75 fret; W. Easterly 174 M feet along a 1960.00 foot radius curve that is concas,r NooliMy Ihronl:h an angle of v 03' IS': _ 69. North 7•1' 56 51' IOuI 1.16.34 feel: "70. Norl hi'.a,li-i f y i i J !S 1 Iin1[ along a 330.00 foot edit is c ur . r 111:4 is colas,,. Xorilmoslerly through an angle of ZO' a:+' 400; 71. North 54' 11' 31' F:xsl 26;69 feel; 72. Northeasterly 92 bit fret nluog a 290.(%) foot radius rove that is couc.wc Na1'I bowlers, through an angle of 2T a ^_' 311'; 73. North 31' iKy 111' lust 37.97 feet; 74. North, asleuly 12LId, h -vt along a 620.00 foot radius curve that is eonegvv S,alllrasterly through an angle of I I' :it I0'; 75. North 42` du' 11' II:.,d 19.36 hxt; _ 76. Norlhua.h i!v 1w:•I1i li•rl along a 760.(x) fall f., 1-u., urea lh;tl is ,Iy I11ralg1- an anklet A 1:1' ,., i'o', 77. North _i '1.4'.'.1" P.M 11051 feet; .78. Nurtiwa,h•rl. I ^b5S frrl along a 2V1 fq lo•.11' „'iuc c111% 'c II,nl is ua.;.e+,....00 lr wordy through an loill'. 11' I','. 79. North 77' ':9 ':11' KM 71.57 fort; 2. MUM A CX t f 688P6 t 463 80. Nor lLr.rau'i Ir IJ1.81 (ayy all it u 180.fg) feel r." der, rnr yr Thal is cencavr Nnrlhn'cdrFYfl [hr�mgh an nnFh. of -il "!.'( 10', 81. North e�` )3' 21' 1'.esl !18Zf/ fvel; 82. Norlhe.uli r1, 1'19T2 foot ahMoR a.. W1.00 forlt radius curve thnl is rooco"l• N „rtlou,h rly Ilnorgh an angle of 13' d8' 111'; 89. North Ix' $7' 11" 1 ;-,1 191,57 feet; 84. Northv,ly f!et915 fert .done a (590.00 feet radius cure that is cone:"' tYcslydv 0-01-911 an angle of If' fly' 20': W. North 2' :If, 31' Edo 112!17 feet; 86. Northerly 1':1.951 fort along a 480.00 fool radio:,, curve that is conca"r N',•suuly ILrmigh an angle of x'' 31' IU'; 87. North I7' 5!7 19' ASrsl 105.p.5 feet, 88. Norlh,vcstl': ly 219.44 feel along a..W.M font radius, run•' that is r'rnu' :rvr Sou00ecsh:r4y through an angle of 2i' 40' all'; 89. North 39' 3')' S')" We :111.54 fee[; �. Nor[Lwrslrr1), 2o9,18(cel along it 580.00 foot radius rnrve that k'oura "' Soulhvn-,u.rly Ihmogh an angle of 20' 3w 50'; 91, North 151' Of 4n' %Vt-,t 201.75 fret; 92, Northwesterlyirai.34 lcrt along a 210.00 fool ra(jius "love that is colic :,ve Nullhca,l crly through an angle of 45' 23' p;l'; 93; North 14* ,54i' 49' ll'rs1 2:29 feel; 94, North tarter!). 103.79. feet along a 10.00 foet radi�.a. eurve that is coneavr Srrolln:.netrdy through on angle of 81' 53' 4(j,; 95, 'North 6!r.Mi .51' ICasl 8.1.37 (eel; 96. Northeasu-fly 17 LOS fret ailing a 180.00 font radius curve that is Von' a" NIM1ma:11erly through an angle ol',Sri' Z'' 1.q'; 97, North IT 34' if * f• aril 426,31 feet; ' 98. Northerly 367.32 fret along a 380:00 fool radius con-' that is concave %V1 :nlerly through an angle 01'55* 23' 011'; . 99. North 41''N' (M• !Pest 241.47 feet: 100. Norlhwe,u rly 1)9.32 fret along a 220.00 fool radius ellrre Ih:U is eoncaa.: Nnellcaslrrly through an angle of 2i 52' 1N)•; 101. North 1Y 56' (YJ' Wed 54.89 feet: I Norlhw «st crly IM.17feet along a 580.00 fool radius car ve that • is concay.: Southwesterly through an angle of hi 19' U)'; 103. North 32' 15' 01Y West 39.22 feet; I04. Northw,gt r), f,171 feet along a 480.00 foot radiusruree that is crncove Southwesterly through an angle of I:' 11' 10'; 105. North 4:i :fie 19' West 193.40 feet: 106. Northerly :lU ^I fret along a 370.00 fool raters curve that is coo, .,,-e 1' ::G1. rly through an angle of SW 1')5' ar; 107..Norl1. IY 39' 01' Gast 272.19 feet: 108. NOrlhorly 2d.I'J feet along a 1780.00 fool radius curve that is • coucavu lot .luny through on angle o(9' 25' 40'; 1119. North 3' Iv 21' last 14.17 feet' 110. Not x3.38 feel idling a 1820.00 fool radius Ill eve that is cool:;-Y.. F:dl,•ily through an angle of 9' 14' IU'; Ill. Norl1, I" 21 ill' Fast 27.16 feet; 112. Nor lhn lye 2.'.67:) feel along a 1181:00) foot radius rurvo that is com•ay.- W,lorly Ihruugh an angle of II' 29' •IW: 113. Nrn Ill 0' :!'I' ::I' lust 82.3,9 Ineli 114. North.:. I, I'd 74 Icut nlnng a 620.00 fool rwhos cin'vr Ilyd is eouravr I(agrlly Ihroegb an angle of 18" Ili, fu': 115. Noah 1.4' 57' 51' East 20.34 feet; 116, Nea hoasirl ly 170.14( feel along a 150.00 fool radio•: eurve.I flat ;., 1..m q'avr S: ill llln.lslcrly through an angle of 14'5-P'(W; 117. North h3' ;it 51" Fast 78A8 feeti 118: Norl lw :ow l) 12.7.39 feet along a 180.00 fool rod!us curve lh:lt is concave NnrlLweslerly through an angle of 4(" 33' 00% 119, North 43'''1' 51' liaxl 57.99 feel; 121. North"- ,,,Icily IA.74 L-et .;long a 1.520.fg) foot ridi;rs nary Ilim is oonr:ie;: Sendhcastedy through an angle of w 57' 511'; 121. Nialh 50' 10' 41' Y;.st 31,50 feel; .122. N,1rtl,r'a,ler17218 -2 fret uloog a 1WO) fuel rxiias cure 01A r, 1rnd : +ve Norlllweslerly through an amgh: 1A ?1" .".Y' 30'; 127. NwIt1 41'.11' If' VA,I 44.67 fret; 124. (eel along a 1211.00 I'u.,: cI1n': 14.3 1. I ... I ni 1- Pnlhvmterly lhrnuph :ul ,I 'r In, 40'. 12.5 N.,. 0.' }o'f,I 51" fast ('Viso feet. 1211 I, 'MOW, ha0 along n PIVI011 .ei.. r•u, .. 1)5.111•. -op ,r A'rnlhMr \II•IIY Ilma.kh..P ., ugL..(h::!1 :Ili`, 127. `-Il. dl' 19 .I" I'.aN 'I;I :Mt f ✓r.l, ON. N,gtlo;rdr- 161,13fih'rn dlongu :9Yt(binnl le.hlr. ruts lhm n ,, ". H'e ,pn lliwro.-IlY II'mool1 a'. allgly it''-It' Ii( 311'; 129. NIu;L Ili W rile V. "t 4201 fuel: 1311. 1N,n WnI. 2in!:\ f1•rt Moog a SVj.on filet radius rrrv,• that ns r,.1,. .,, ,' 1t1• dr1ly Ihnalgh all angle lif 21' tai 111 -; 9. is conc,•v,r N-3tilsvosterly through an angle of 3(, tO' 52'; 155. Nodl, 38' ill' 4'L' 1•:ns1 156.110 (eel: 156. Norlhvast, l; 517.51 feel along A42,001 fool radius crrs•w Ih:t is runcovr Sout heust arty through an angle of37' 1.i2.3* to the hcginning ei a rlrv,•ne curve concave N'uolme-ntr,:y :1)•d haviue, a e,.li,.•. of MAX)fnel, the Northerly Iri it i. iii of sa,d curve being i:,agcul to a line that is parallel %011 and :52:0) h•vl W,'1.: Is: �I lbr crnlirr liuc o(Jambnn:u Pon;,,.:, :I A].1 Al I'rr1 wide, :r, dr•cr,la-d at it deed to the County .,I 0,...,gc recur (.:.I o. IL.ok 41111, liege 10. Official it,; et:rd, -A void Coon ly: IL.... n.. 157. Northras!':rly 76 b3 file[, more or less, along ..tirl rurvc Ihro•,gf. ;,.d a utl. of 8T 111' 22' to said parallel line; IL,:nc.• 158. Norlb H' 19 d.i' Fast 414.47 feel along said p:u.dlrl liar to Ow .Soulh.:,ly Irnnwns of the Westerly rsglt of wav L1),: of Jarnbmt' ! Boad. 1'12 W feel wide, as described in a dt-••,1 to Ih . City of Ness{a -rl B.:a0i revorded in hook 61335, pa_gu i.55, said Official Ik+c.1):h:. th::um :Jong said right (.(way ho.r bvin,g it curve wnnc,vc %Vo,tinly and having a radius of 21.14 A) h•vl and bring -l.:, a ;rW It) said parallel Owora: 159. Northerly 2'.a5.,;•i feet along said curve Ihroin•.h :n, wwl, o11' 165' 38' In a pt.nn tbcriam that is 3M.30 (eel lsndlo:, ly of tl•,• Nor l la- r1, 1)a nd,;'n,•1 said nerve; Ihrne. it nui ill',. 1)r; ul 160. South tide 21)' Ili' %Voq 511443 Feet ther•i e 161. North 31' 39' J8' WeM 138.79 feet; thence 4. r tft rt a Bh i 1686PC 1464 191. North ::, 'Z :!!)"West 902.88. feel; 192. North, i 1•: L,5.24 feel along a 970.00 fool radius r....,.. rl•el is " rv:nc.r.. 1.',k!rty through an angle of 39' 31' :in', 117. Nurtl. .v, o'; 51' Past 210.) feet; 1:4. N,.r11.,'' , ::y 40:1 M li -1 along a 5200) font md:us r` -Irvr that is cn,:rn'. +'n.nlhraswily Ihruiigh an angle ul 44 ' .2ri -111'; D.S. No. 0, :11' Fall 628.421cr.1; 1:36. FAM, Gy :`:e.SH heel along x:720.00 fool radhs rmv Thal is con. ',.,. :4 .,,;herly through au angle of 51' 51' W', 137, Suoll. 'I. ''.l 39' li:asl .7.72 (eel; 138. South,.., •Lily 115,119. feel along a 356.01) fool radius curvr. that is vmm:r... M- rll,euslerly through an angle of IX' 34' 30': 139: Shull, i:i 07' 59' Fart 375.25 feel: 140. 1•:a.a r..ly 204M feel along a 780:01 fot radius ruuvr.. Ihat is conc.-,•r ; .:.. du•rly through an angle of 15' 2I' 31W. 141, Sou O, hi' 29 29' 1•:usl 241.76 feel: 142. Fam-dk 21,9:i9 fret udong a 980.00 fool mIlms eo,,c flat is cmu'.r;, ?:.., lhrrly Ihrmlgh :,n anglo of 12. 11' lHi , 14.7, Mull. n': 0o 91' Hush 57.06 fret: 144, 1(ast•, I, ',:::17 (drat :dung a 260.00 fool radius cnrv(! that is i:orit -. ,- o,,'nihvrly through :u, angle of 21' ul' (W; 145. Swul'. ;;: it!' 2!P Vast 70.33 feel: 146.. East": I; LUION feet along a 138!1.00 font radius curve that is • con, os'r `:orthrrls• through an angle of 4' 29' 30*; 147. S- +uu, :'7" X)'..59' Last 18(1.(12 feel; 148, feel along a 22,00 foot radius curve Ilia) is con,- '•i... ,N rlherly Ihne,gh an angle of '25. 01' 33' to the Welt, 111' L•rrbinu.a of Ibal certain 60.00 fun: strip u( I:u:d dOY:,.I .' ,. It- ?r,; P1 .211) a c1ced to the Uly of W:N'110rt lleavh rrr,.,.I. zI it Book 10.01. page 891, said Of6ri,d lir:cord.; 149. NOW. Ir,'!!6 34' West 19.71 fret elong'said W,:.a!r:rly it "minus to Il.; k-il.erly line o(said strip said Northerly lint- owing:, cua•r , o,:.we Southerly and having u radiw. 4/a)AX) font: Lad.. a lang.. -nl that bears North 73' 07' 26' L.aa M. Last,, I. 3':1.25 ferl along said curve through an angle of l'16' 61)' no, n. d•.• bel:maing 1)(a reverse curve co m;.'v N...therly and i;,.'.: o::. a radius of 250) (eel Ix;ing the Nordwrly lme. of " pn,rel ..,, dvwribed in said decd; thence 151. f:natri.,.;1 L5 feet along said curve through a,: migle of 71' 21' 49' I„ 11,•: b.•ginning.,if a reverse curve,wncave Sow bouslerly and L.,. ,1)a a (adios of 842.1X) feet heing the Norihwwslerly It,.,- .a I'e:.',d 3 as desc,ilwd in laid deed; thvnuc AI „wg iald No,li, m:'.I• rly Zinn the following described cno,s•:s: 152. No.0 ..... .L .ly X, l61'ret alo,g said curve 1hrougll.w angle. of 6' 3c" :t-7': 153. No. t h :4' 1 I' 34' East 98,02 (eel: • 154. Nuuik,.smrly 478.44 (eel along &758.00 fool tudi,u eursc that is conc,•v,r N-3tilsvosterly through an angle of 3(, tO' 52'; 155. Nodl, 38' ill' 4'L' 1•:ns1 156.110 (eel: 156. Norlhvast, l; 517.51 feel along A42,001 fool radius crrs•w Ih:t is runcovr Sout heust arty through an angle of37' 1.i2.3* to the hcginning ei a rlrv,•ne curve concave N'uolme-ntr,:y :1)•d haviue, a e,.li,.•. of MAX)fnel, the Northerly Iri it i. iii of sa,d curve being i:,agcul to a line that is parallel %011 and :52:0) h•vl W,'1.: Is: �I lbr crnlirr liuc o(Jambnn:u Pon;,,.:, :I A].1 Al I'rr1 wide, :r, dr•cr,la-d at it deed to the County .,I 0,...,gc recur (.:.I o. IL.ok 41111, liege 10. Official it,; et:rd, -A void Coon ly: IL.... n.. 157. Northras!':rly 76 b3 file[, more or less, along ..tirl rurvc Ihro•,gf. ;,.d a utl. of 8T 111' 22' to said parallel line; IL,:nc.• 158. Norlb H' 19 d.i' Fast 414.47 feel along said p:u.dlrl liar to Ow .Soulh.:,ly Irnnwns of the Westerly rsglt of wav L1),: of Jarnbmt' ! Boad. 1'12 W feel wide, as described in a dt-••,1 to Ih . City of Ness{a -rl B.:a0i revorded in hook 61335, pa_gu i.55, said Official Ik+c.1):h:. th::um :Jong said right (.(way ho.r bvin,g it curve wnnc,vc %Vo,tinly and having a radius of 21.14 A) h•vl and bring -l.:, a ;rW It) said parallel Owora: 159. Northerly 2'.a5.,;•i feet along said curve Ihroin•.h :n, wwl, o11' 165' 38' In a pt.nn tbcriam that is 3M.30 (eel lsndlo:, ly of tl•,• Nor l la- r1, 1)a nd,;'n,•1 said nerve; Ihrne. it nui ill',. 1)r; ul 160. South tide 21)' Ili' %Voq 511443 Feet ther•i e 161. North 31' 39' J8' WeM 138.79 feet; thence 4. 5. EXHIBIT A. CN 1 1688861465 172, North M'2()" fti' I•:a;:t ti0Y.714 fect 10 thebeginnint. of :e curse mucwr.ti.,plhcrly: and having radius of W5.(9) fe,4: ILrucc 161. LiasL•r lr 124 57 I,- y .d mg said curve through an an tole ,I 1' 5 87' to ,;ud lVratrcly tigl t ul way lino- thenrr 164. North 1, IS' :f4' 11S;st 416:16 feel along said ling In Ilse begumiog of a curve thorcin concave 14astcrly :nul havinll a y radius of It661X1 fo-1:I1enre 165. Northerly 352.71 frot :Jung said curve and right .if ".iy line through uu.ntglc of IJ' MAW In the Southerly limp of,lie land described in it d•rd lot Ibr Newport Harbor Gniun ffigh School Di,trirl r(meo.d.od in !hook 7578• page 670• said Official Nav:ords; 1hr•ucc I fib. North M' 10' 45' 1Vrat 154.76 feat along said Son I he- rly line to the Ix ginnmr; r,f to curve therein concave Southerly and having :I radian of i:UMI.(XI feet: thence. 167. Wcstrrly f;lh.97 f.rt along said curve and Southerly line thruugh an tutf;le of 17' 47' 56': thence Icavyrg said linn oon ten FCnl 168, Soinb 97' 44' 19' %% -,t 7781 h•ct thence- - 169. Sent), 64' .51' 54' We,l I6I.V feet: thence • 170. South (rQ 27, 17• We :;1 I81N2 feet: thence 171.: South fdi 59' 55' West 981.72 feet: theucc 172. Sunlit 75' 12' 12' 45'i•st 1112;44 feet: thence '173. Suuth 12' 3.4 (Xl' ld'cst 29.56 feet: thence 174. South 19 14' 13" Well 116.20. feet:. Ihenre 175. Singh 22 "15' 41 %V,,,t 87.19 feet: thence 176. South ier I.K' 17' W, of 1185.21 feet: thence. 177. Snulh 62' 118' III' W'cst 214:X5 feet. thence 178. South 9' S7' 02' West 115.74 feet: thence 179. South 35 35' 51' tVeet 54,111 feet; thence 180. Soul6 66 26 i,S' %fist 63A2 feet: thence 181. Scutt, .M' i ' all 14',-51 142.14 .feet: thence 181 Neill. 71r 40' 17" WoA St N).feet: thence tM. North M' Not, S^' W'st 173.02 feet thence 184. North TV ::10' 41' \V /.a 2511::78 feet: thence. _ IM. Nunn K3' 46 oil' WcA f4Wil feet; thenrr: 1S. North Too 11' :i7." 1l'cst 31.67 feet thence 187. Ni,rtli U7 ^_a' :14' ll'o>t 147.13 feet: thence Iflo North 57' 47' O:i' too (117:42 feet; thence J 89, Nortlt W 24' 51' lV; +st '119.511 feet; thence 190, North M' .57' u2' W"t 176.8t feet; thence 191. North 74' 29" +b' ,lest 140.11 feet; thence - 192. North &l' ;cy IM)" ,Vest 911.91.. feet: thence 191. Not th 7(1 57' )II Wost 465.50 feet: thence • - 194. Norris KC 8:1' 1[' %V,Ist I(N.19 feet: thence , 195. South 47' S4' 0' 1Vrs1 21189 feet: thence 196.. South 89' 45' 45' t1';•sl 1211:110 feet; thence 197. North 7.4`.74' •M.' Wret 147.85 feet; thence 198. Norfh 8` 27' 21' Nr•.J .262.77 feet; thence 199. North W 4:i 06' %Vtst 259.40 feet to a puint in Thal certain - ZOSO1M1 tool imlins -urvc in the Southeasterly boundary of I'am-I 1112 1 d(a,rohod in a deed to the Orange Cuuuty Mood Control'Dt,v u•t u:,:, •rduil in 11uo11,5906• paKc. l6..,md ()fhriul fle.•curd,, said c•4rvc living concave North( rly, a rub:d h, grid pone( bean SuW h 22' M' 21' Fast thence 200: Wcrn Ily 24(1 19 i• :I :Jung said curve through an :.ngly of 6' 40' .•' fn IILL 1Vesiowly terminus of said Curve; Ihenc,: 201. Solna 73' 51i' i7' Wesl 184.72 feel eumi .... i g .,ir.lii( SAd bcund:o)' to nu .w „Ic. pniol therein: thence 2112, North Ili 1MI' .71' Wr;t 1(M) IK) fret ulong s;tid bumulary anti tho norih,•rl; pvh.ng:tnn Ilo-n•of', thence 2113. South 76'25 51` it -,t 2412t feet; thence 204. South 75' 59' 73' %V. ,1 241.69 feet: thence 2(45. South K5' Ni' 21" %test 81.76 feet: thence 206. South 5.4' 20' "_tI' \Cost 207.87 feet; thence Zip. Soldh S3' 22' ^_P Wt-,t 422.40 feet: thelic.•, 208. South :1(i 41" 2u' W -A I9U70 feet. thence 209. South 22' 58' 42' 11'e,t. 307.39 feet: thence. - - 210. SOL101 14' 54P 19' \V. +a 270.(!) feet; thence 211.'Snulh Ir fit' (Mi 'Ale;t .2747111 feet; thence 212. S(.udt'1':14' 15" W OA M.17 feet: thence 5. EXHIBTT A U j f 668P61466 217, South G' y7 13' East M.12 feet; thence 214. Soul Ii M, 07` 10' Fait 22.!K) feet; thence 215. 'South t' ;i f 12' Fast 126M feet; thence 216: Soul), 7' r.' 56' West 1..56.42 fret; thence - 217. South Lt I1' °55' West 194.20 feet; thence - 216. South': f .sv Sti' West 65.45 feet; thence 219. South iIIV bi C5' West 271.46 feet; thence 220. South 33' iT 41' West 440.17 feet to a point that is North 54' 13' 20' W, :a 7;).13 feet from Station No. 76 of said Ordinary Eligh `fide I.. ng as described in said final decree above referred lo. tlwnce 221. South 54' 13' 211' Fast 79.13 feet to said Station No. 76; thence 222. South ;r Si, 52" West 610.81 .feet along said Ordinary Iligh Tide Ltut to Mation No. 77 thereof; thence • .223. South 31' ;t7' 12^ Nast 470.16 feet along said Ordinary high Tide Lice. Owuce 224. South 45'0:1' Oil` West 16121 feet to the Northeasterly line of Lot i l id wilt Tract No. 4224; thence - 225: Sonde 1'N' S5' 9')' Fast W.37 feet along said Northeasterly line to the M d waster)y corner of Lot 12, said Tract No. 4224 and the point of beginning. m 11 • 168EP61.467 � RESOLUTION OF THE BOARD OF SUPLAVISORS OF ORANGE COUNTY, CALIFORNIA ip p,pril 9, 1975 4 @@@@ Lai motion of Supervisor Riley, duly seconded and carried, the i i.`_;liuwing Resolution was adopted: 3f,: 11' RESOLVED that this Board does hereby approve that certain y pP E S!It.ru� Newport. Say settlement dated Api :il 11, 1975, by and between the 6nr_•I t'.y. oP Nrwpoft Beach, the County of Orange, Tile Irvine Company, the ,t:,t. -i of California, and the First American Ti.tle Company, and the tf, Ctrai.ir;an of this Board and the Clerk- are authorized to sign the .agreement t Y7 r,ppccivad as to form by the Couut.y counsel and any documents as rei:ommended oy the County Counsel necessary to effectuate the terms of the Agreement. tg¢ BE IT FURTHER RESOLVED that the County shall pay its proportionate It share of the escrow expenses as approved by the County Counsel. BE IT FURTHER RESOLVED that the various actions as set forth in 4jrc:c. :aant by County officers are hereby approved with the approval of tiie Gooney Coulq:;el. . i. SUP FRI /150 RS THOMAS F. RILEY, RALPH B. C1.ILRY,; LAURf:NCE J. S")MIT, AND RALPH A. DIEDRT_CH ; UVERVISORS R. W: BATTIK 7XIS MI)MW is It COMO Cony Oi 7fiE I'PUnAI am i f �gp Fb 3 / FIRE IN THIS ORf ICE: '?~:•± rt ST)1'FRVISO.RS DI!JNE AMT: �� V ✓. �. ST,i JpIIN ' tcvn:y vv o 1 r"' m ;fly , o;'A:CL F OF CAI, T.F0 RNIA } S4,11v Carrnl me Slag Of C nom:a in end Jor %' 918, Me Cou¢J b bmyV' ... raiUN'i•l' ";^ J:R, ?3t,E } BY c=- S- Y %.�...._.::.. �... OUTY 1., 1?'1.1.14tAM E. ST .1100, County Clerk and ex-officio Clerk of the lsr +s -Ed of Superviocrs of Oran¢e County, California, hereby certify th--t ±+her :fbe,vel and forenoing Resoiution tras duly and regularly adopted by thx r Eg rd at a regular meeting thereof held on the ?�`: day or 19.,75 , and pecaed by a �.aur uis � vote of IN S±iINESS WHEREOF, I have hereunto set rc.y bond and meal this *th day of Anril 1975 , �WILLLkM E. ST JORN;. County Clerk and ex- officio Clerk R•-: ntuti:rn No. 75. -515 of the Ca:,rd of Supervisor:., of a'?p ^_r :iewport Clay Settlement Orange county, California. Agree c>. t., Transfer of Certain Real .c:perty to State of 1 1 x California and City or Newport By U -"r) y.•,.�, Beach by the Irvine Conbany reputy f 3 r1 32742 C /,�t'•;i�T Document Recorded at the Request of C g and When Recorded Return to: State of California Katherine E. Stone Deputy Attorney General 800 Tishman Building 3580 Wilshire Boulevard Los Angeles, CA 90010 State of California - Official Business (Document Entitled to Free Recordation rsuant to pov rnment Code Section 610) jP No Tax Due STATE OF CALIFORNIA STATE LANDS COMMISSION LEASE P.R.C. NO. 5091 .9 • Parties to Lease: S.i�1G✓ �x 1666M 1468 R`.f,000 ",D. !rl r" ..:: 1 I1CC:ORDS OF :'.17MNIA 20 Iw;t A 11 4 MAV'�19i6 J.4d71!_ er,L'yli, C' ::,y recorder Lessor: State of California, acting by and through the State Lands Commission Lessee State of California, acting by and through the Department of Fish and Game 3 • • EK i 1688PE 1469 STATE OF CALIFORNIA STATE LANDS COMMISSION LEASE P.R.C. NO. 5091 - J Section 1 THE STATE OF CALIFORNIA, acting through the State Lands Commission herein- after referred to interchangeably as "Lessor," or "State Lands Commission" pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Administrative Code, does hereby lease, demise and let unto: Lessee: State of California, Department of Fish and Game (hereinafter referred to as "Lessee") whose mail address is: 1416 Ninth Street, Sacramento, California 95814, that certain land described in Section 3 of this Agreement, for such consideration, specific purposes and subject to the covenants, terms, conditions, reservations, restrictions and limitations a,8 ale set forth hereinafter: LEASE TYPE: Public Agency TERM: As provided in Chapter 415, Statutes of 1975 beginning upon recordation of this lease in Orange County Recorder's Office. ANNUAL RENTAL: Public Benefit (See Section 2, Paragraph 2) COUNTY: Orange LAND TYPE: Sovereign LAND USE OR PURPOSE: Those uses and purposes necessary to implement Chapter 415, Statutes of 1975 attached hereto as Exhibit "A" and by reference made a part hereof. AUTHORIZED IMPROVEMENTS: Those improvements necessary or useful in implementing the recommendations contained in Exhibit "A" hereof and the Upper Newport Bay Settlement Agreement. Lessee Department assumes all liability of Lessor regarding lands described in Section 3 hereof and will indemnify Lessor as to the same extent as to the exercise of those rights and interests reserved by Lessor herein. LIABILITY INSURANCE: Not applicable. SURETY BOND: Not applicable. CONSTRUCTION LIMITING DATES: Not Applicable a r 1666PG 1470 COMPOSITION OF AGREEMENT: This lease consists of the following parts all attached hereto and by reference made a part of the whole agreement: Section 1 - Summary of basic terms, as above. Section 2 - Certain public agency provisions. Section 3 - Land Description. Section 4 Further covenants and provisions this Section applies to and is a part of this Agreement unless specifically stated otherwise in Section 2. • EXHIBIT A - Chapter 415, Statutes of 1975- • A BK 11558P61 471 SECTION 2 SPECIAL PROVISIONS .STATE LANDS COMMISSION PUBLIC AGENCY LEASE 1. The covenants, conditions, restrictions and reservations contained within this lease shall be subordinate to those covenants, conditions, restrictions and reservations contained in the following documents: a. Chapter 415, Statutes of 1975• b. The "Upper Newport Bay Settlement Agreement for Transfer of Certain Real Property to the County of Orange and the City of Newport Beach jointly, and the State of California by the Irvine Company and for the Settlement of pending Litigation." Recorded in Book 11376, Page 1514 et. seq. of the Official Records of Orange County. c. A Grant Deed from the County of Orange to the State of California acting by and through the State Lands Commission, Recorded in Book IZa lye✓,, Page / (/ of the Official Records of Orange County. 2. CONSIDERATION: The sole consideration to Lessor for granting this lease is: THE PUBLIC BENEFIT. 3. Lessee agrees to insure that employment practices arising out of or connected with operations under this lease shall not discriminate against any individual because of race, color,-ancestry, national origin or religion. 4. SUBLETTING: That Lessee shall not assign this lease. Lessee shall furnish to Lessor at the time of execution of this lease a copy of all of the • leases, franchises, permits or other agreements with any third persons who are presently occupying any portion of the within described State lands. Nothing herein, however, shall prohibit Lessee from entering into leases, subleases, franchises, permits or other agreements with third parties for the use of limited areas of the leased premises herein described for the purposes set forth in Section 4 paragraph 3 herein, provided that such persons meet the requirements and qualifications for Lessees set forth in Division 6 of the Public Resources Code and Title 2 of the Administrative Code, and provided, further, that the State Lands Commission shall have the right to veto any such agreement with third parties within sixty (60) days following receipt of a copy thereof. Lessee agrees to provide the State Lands Commission with a conformed copy of such proposed agreement within ten (10) days of execution. In addition, State shall have the right to inspect and audit Lessee's records and accounts at any reasonable time; 5. RULES AND REGULATIONS: Lessee shall observe and comply with all rules and regulations now promulgated by any agency of the State of California and such reasonable rules and regulations as may hereafter be promulgated by any -3- s SK 1 t 688PC 1472 agency of the State of California having jurisdiction therein. This agreement shall further be subject to all of the rules and regulations of the State Lands Commission and to Lessee's rules and regulations insofar as they do not conflict with the terms, conditions, and covenants herein contained and with the rules and regulations of the State Lands Commission; 6. PUBLIC ACCESS: The Fish and Game Commission of the State of California, within six (6) months of the effective date of this lease, shall adopt rules and regulations regarding public access to the lands described in Section 3 hereof. It is specifically understood that public access to all or any portions of said lands may have to be prohibited or restricted for reasons of public health and safety, and the necessity of protecting adjacent lands and persons residing thereon, as well as for the accomplishment of those purposes set forth in Fish and Game Code Sections 1580 et. seq. and California Administrative Code, Title 14, Chapter II (Section 630) relating to ecological reserves. • • 6 • • A i 1688H 1473 Section 3 NAND DESCRIPTION In the County of Orange+ State of California and being that land described in a Grant Deed from the County ®f Orange to the State of California acting by and through the State Lands Commission, dated and recorded in Book , Page / y LcL of the Officidl Records of Orange County. -5- G 0, t ! 688PG 1474 Section 4 STANDARD COVENANTS - STATE LANDS COMMISSION LEASE 1. AGREEMENT DEFINED: The terms "lease, ", "right of way ", "easement ", "permit ", and "license" are interchangeable; where one term is used, it shall be deemed to include any one of the other terms, where appropriate. 2. BOUNDARIES: The description of the land in Section 3 herein has been made without a survey. 3. LAND USE AND ENVIRONMENTAL IMPACT STATEMENTS: Lessee agrees to use the land described in Section 3 only for the purpose or purposes stated in • Section 1 and for the construction, operation and maintenance of the improve- ments listed in Section 1. Prior to implementation and commencement of any construction projects within the land area described in Section 3, Lessee will prepare and circulate appropriate environmental documents as required by Public Resources Code Section 21000 et. seq., as amended, and obtain such permits as required by any governmental agency having jurisdiction over said land. 4. ADEXTJACY OF CONSTRUCTION: Lessee shall insure that contractors comply with, construct and install all structures, facilities, pipelines, etc., in accordance with plans and specifications approved by a registered professional engineer. 5. REPAIRS: Lessee shall maintain and keep in good sound repair all structures, facilities, or appurtenances upon the property. The removal of, or substantial alteration to, any existing structure shall not be undertaken without prior written permission of Lessor first had and obtained. • 6. RIGHT OF INSPECTION: Lessor through its authorized agents shall have the right at all reasonable times to go upon lands owned by the Lessee and upon the leased land for the purpose of inspecting the same or carrying out any function required by statutes or the rules and regulations of the State Lands Commission. 7. EXISTING ENCUMBRANCES: This lease is subject to existing contracts, leases, licenses, easements, encumbrances and claims which may affect the leased land, and this lease is made without warranty by Lessor of title, quiet enjoyment, condition or fitness of the State land for the intended use, or any other warranty whatever, except that Lessee faithfully keeping all the terms, provisions and conditions of this lease on Lessee's part to be performed, Lessor agrees not to interfere with Lessee's possession of the State land, except as herein may otherwise be provided. Without in any way limiting the foregoing sentence, Lessee specifically takes subject to the terms and conditions of the NO N bX ' L 688FG 1475 following documentsq which are incorporated herein by reference to the recorded copies thereof in Official Records in the Office of the County Recorder of Orange County: a. Settlement Agreement recorded in Book " 97A pages /5'/4 et. neq. of 0 a I R@CeJydS of Oran ae_eaawl - ; b. Grant Deed which provides in part: In the event the Department of Fish and Game no longer uses the demised premises for the purposes set forth in Chapter 415, Statutes of 19759 all right, title and interest in the property shall revert to the County of Orange, to be held by said Countyq in trust] pursuant to the provisions of said Chapter 415, Statutes of 1975, subject to the rights, title andinterest of the State of California retained by virtue of said Chapter 4159 Statutes of 1975. 8. RESERVATION OF NATURAL RESOURCES: There are hereby reserved to the State, all natural resources, timber, minerals, geothermal resources) oil, gas and hydro- carbon product;, 'A. r,,- upon the State land, and the right to grant ins over) and • across said lands, leases or rights -of -way to extract or remove such natural renourceol timber, or minerals as provided by law and the rules and regulations of the State Lands Commis, ;ion and without compensation to the Lessee; • 9. OTHER RESERVATIONS: Lessor expressly reserves the right to grant easements or crossings ins upon andtnder the demised premises, and nothing herein contained shall be construed as limiting the powers of the State to leaser conveys or otherwise transfer or encumber, during the life of this agreement, the hereinbefore described State Lands for any purposes whatsoever not inconsistent or incompatible with Chapter 4159 Statutes of 1975 and the rights or privileges granted to the Lessee by this agreement; provided, however, that nothing herein shall preclude the Lessee from excluding unauthorized persons from the described lands during any period where Lessee rea:aonrrbly deems such exclusion necessary or desirable in connection with its authorized use of said land; 10. INDEMNITY: Lessee shall indemnify and save harmless the Lessor, its office: agents anci employees against any and all claims, demands, loss) action or liability of any kind which State of California, or any of its officers, agents or employees may sustain or incur or which may be imposed upon them or any of them arisinU out of or connected with the issuance of the lease, including, without in any way limiting the generality of the foregoingg any claim' demand' loss, or liability arising from any alleted violation of the property or contractual rights of any third person or persons in the leased lands or imposed upon Lessor of the State of California by virtue of any of thoi ;e documents specifically listed above in Section 29 paragraph 1 and Section +� paragraph 7 hereof; 11. RESTORATION OF PPJ24ISES: Upon termination of this lease Lessor may elect accept the leased land as then improved with structures, buildings, pipelines, machineryq facilities and fills in place or Lessor may elect to have any such improve - iaients removed by Lessee at Lessee's expense. All. such structures and facilities to be removed shall be salvaged and removed by Lessee at Lessee's sole expense and risk wi.thin ninety (90) days, after the expiration or sooner termination of this lease. In m.u<inj; :ruc.h removals Lee;ree shall restore said leased land ar, nearly ar, possible to the condition existing prior to erection or placement of the structures or facilities thereupon; -7- 1688PG 1476 f� 12. HOLDING OVER: Any holding over after the expiration of the term of this lease by the Lessee, with the consent of the State, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, as far as applicable; 13. REPOSSESSION: In the event of a breach by Lessee of any of the covenants contained within this agreement, or failure of Lessee to observe the terms, conditions, restrictions or time limitations herein contained, to be kept, performed and observed, it shall be the responsibility of the Lessor to so notify Lessee of such breach. Ninety (90) days following such notification if breach is not corrected, it shall be lawful for Lessor to re -enter into and upon the demised premises, and to remove all persons and property therefrom, and to repossess and enjoy the herein described demised premises as in the first and former estate of the State, subject to the provisions of Paragraph 76 of this lease. 14. WAAIVER OF BREACH: The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition with respect to any subsequent breach of the • same or any other term, covenant or condition herein contained. The subsequent acceptance of monies hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular monies so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such monies; 15. SUCCESSORS: The covenants and conditions herein contained shall apply to and bind the successors in interest of the parties hereto; and the parties hereto shall be jointly and severally liable hereunder; 16. NOTICES: That all notices herein provided to be given shall be deemed to have been fully given when made in writing and deposited in the United States mail with postage prepaid and addressed to the principal office or headquarters of the State Lands Commission, or to the Lessee as addressed an page 1 hereof, as appropriate; • 17. CHANGES: This agreement may be terminated or the provisions changed, altered, or amended by mutual agreement of the parties hereto; 18. TIME: Time is the essence of each and all terms and provisions of this agreement, and the terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto; if more than one Lessee is named herein,, the obligations of said parties herein contained shall be joint and several; 19. CAPTIONS: The captions of this lease are for convenience only and are not a part of this lease and do not in any way limit or amplify the terms and provisions of this lease. 10 166691477 20. SEVERABILITY: If any provision herein is judicially determined to be invalid, it shall be considered deleted herefrom, and shall not invalidate the remaining provisions. This lease will become binding upon the State only when duly executed on behalf of the State Lands Commission of the State of California; IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date hereafter affixed. DEPARTMENT OF FISH AND GAME • "By C C. F ",w-t4A& Title Stl i l "'.C. (-::"- Address (SEAL) 'Attach a certified copy of the Resolution or other document authorizing execution on behalf of the Lessee. APPROVED AS TO FORM: EVELLE J. YOUNGER Attorney General Katherine E. Stone Deputy Attorney General -9- STATE OF CALIFORNIA STATE LANDS COMMISSION i- . Title ASSIST".r1 i MANAGER Date MAR 3 1976 The issuance of this lease was authorized by the State Lands Commission JAN 1519 ?6 Dsw''*NFNT OF C . "A! 5"VhFS MAR 2 31976., L Chi.( Land Aa.., ACKNOWIEDGNIE14T Department of Fish and Game DA 1688PG ( 478 'tate of California county of Sacramento ) as On this tI XA( day of 7W 41717 , fin the year One Thousand Nine Hundred and t - si>C , before me, Herschel L. Norton, a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appears known to me to be the v, .- < -e-1,,.- of the Dcpartmen� of Fish and Game of the State of California that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the State of California therein named and acknowledged to me that the State of California executed the same. N yiITNESS 141MREOF, I have hereunto set my hand and affixed my official seal the day and yearth s ificate first above�pjFa O f� IGIAL. E:AL .. �. L PJort0 A+m Rtapo ary Public In And For The County Of Sacramento " St to of California FG my C , . 11 1976 �. (i /11/71.j, STATE OF CALIFORNIA as. f COUNTY OF SACRAMENTO On this 3rd day of March , A.D., 19-Z§ before me, the undersigned, a Notary Public in and for the State rP California, with principal office in the County of SACRAMENTO personally appeared LESLIE H. GRIMES known to me to be the Assistant Manager, Land Operations of the STATE IXIMS COK IISSION, STATE Or CALIFORNIA, the Commission that executed the within Instrument, known to be the person who executed the within Instrument, on behalf of the Commission there named, and acknowledged to me that such Com- mission executed the with Instrument pursuant to a resolution of its Com- missioners. WITNESS my hand and official seal. GAYLE A. UYENO Name Typed or Printed NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA till OFFICIAL SEAL GAYLE A. EN I 3 NOTARY PUBLIC CALIFORNIA I'hncipa Office in SACRAMENTO Counly My Commission Expires Jan. 19, 1979 GAYLE A. UYENO Name Typed or Printed NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA R 1 1668PG 1479 Chapter 415 An act to amend Section 1 of Chapter 526, Statutes of 1919, and to repeal Chapter 2044, Statutes of 1957, relating to sovereign lands granted to the County of Orange in trust. LEGISLATIVE COUNSEL'S DIGEST AB 83, Badham. Ecological reserves: state land in Or- ange County. . Under existing law certain tidelands and submerged lands have been granted by the State of California to Orange County upon certain trusts and conditions for • their use and subsequently portions of these granted lands were declared to be no longer in fact tidelands or submerged lands and Orange County was permitted un- der certain conditions to convey such portions of land. This bill would repeal the provisions of law which de- clared such lands to be no longer tidelands or submerged lands and which granted Orange County the authority, as specified, to convey such lands and would provide that such lands may also be used for purposes of public recrea- tion and preservation in a natural state and as an ecologi- cal reserve. The bill would permit the county to grant portions of the lands to the State Department of Fish and Came for ecological reserve purposes and to the City of Newport Beach for public beach purposes. The bill would further provide that if the department or the city fails to • use the lands for the specified purposes the lands shall revert to the county. The bill would subject the tidelands to specified terms and conditions, particularly concerning the use of reve- nues therefrom. The people of the State of California do enact as follows 1. Section 1 of Chapter 526, Statutes of 1919, is amended to read: Section I. There is hereby granted to the County of Orange and to its successors all of the right, title and 455 ' . .y ,;...- fl 1688PG 1480 Chapter 415 456 interest of the State of California held by said state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under Newport Bay in the said County of Orange, which were outside of the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the express conditions following, to wit: (a) That said lands shall be used by said county and its successors for purposes in which there is a general statewide interest as follows: (1) For the establishment, improvement and conduct of a public harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, ways and streets, and other utilities, structures and ' appliances necessary or convenient for the promotion or c^ , accommodation of commerce and navigation, provided •..� that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3) of subdivision (a) of this section. r° (2) For the establishment, improvement and conduct of public bathing beaches, public marinas, public aquatic • playgrounds and similar recreational facilities open to the general public, and for the construction, reconstruction, repair, maintenance and operation of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses, provided that any such use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if such use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3) of subdivision (a) of this section. (3) For the preservation, maintenance and t enhancement of said lands in their natural state and the reestablishment of the natural state of said lands so that 456 Chapter 415 they may serve as ecological units for scientific study, as open space and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area. (b) Except as otherwise provided in this section, said county, or its successors shall not, at any time, grant, convey, give or alienate said lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever; provided, that said county or its successors may grant franchises thereon for a period not exceeding 50 years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding 50 years for purposes consistent with the trust upon which said lands are held by the State of California, and with the uses specified in this section. • (c) Said lands shall be improved without expense to the state; provided, however, that nothing contained in this act shall preclude expenditures for the development of said lands for any public purpose not inconsistent with commerce, navigation and fishery, by the state, or any board, agency or commission thereof, nor by the county of any funds received for such purpose from the state or any board, agency or commission thereof. (d) In the management, conduct, operation and control of said lands or any improvements, betterments, or structures thereon, the county or its successors shall make no discrimination in rates, tolls or charges for any use or service in connection therewith. (e) The State of California shall have the right to use • without charge any transportation, landing or storage improvements, betterments or structures constructed upon said lands for any vessel or other watercraft or railroad owned or operated by the State of California. (f) There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose, which rights shall be subject to such rules and regulations as are necessary for the accomplishment of the uses specified in subdivision (a) of this section. (g) There is hereby excepted and reserved in the 457 11688FG 1481 is "fl 1'y ,1 P i 6/ ; 1688P61482 Chapter 415 459 State of California all deposits of minerals, including oil and gas, in said lands, and to the State of California, the right to prospect for, mine, and remove such deposits that from said lands; provided, however, such and removal shalt not unreasonably prospecting, mining, the of the lands granted herein for the interfere with use purposes set forth in paragraph (3) of subdivision (a) of Section 1. (h) Within 90 days of the effective date of the amendment of this section at the 1975 -76 Regular Session of the Legislature, the county shall grant to the State of California, acting by and through the State Lands located Commission, such portions of said lands as are within the parcel of property described in subdivision (a) of Section 2, for the establishment, and improvement and conduct of an ecological reserve, or wildlife refuge, or uses by the Department of both, and other compatible Fish and Game; provided, however, that if at any time the `• Department of Fish and Game no longer uses such lands by the county to the State �;. portions of the so granted ` Lands Commission for such a purpose the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. Forthwith upon receipt of the State Lands such a grant from the county to Commission, the State Lands Commission shall lease the lands so granted to the Department of Fish and Game. • -: The public benefit shall be the sole consideration to be received by the State Lands Commission from the Department of Fish and Game for said lease. Any and all income received by the Department of Fish and Game from the lands so leased shall be used only in connection with the department's improvement and administration of the leased lands. For purposes of this subdivision, the term ecological reserve means the definition given to the term in Sections 1580 to 1584, inclusive, of the fish and Game Code. (i) The county ma y grant to the City of Newport l oration, that portion of said lands Beach, a municipal corp which are described in subdivision (b) of Section 2 North Star Beach) for the (presently known as establishment, and improvement and conduct of a public 459 Chtipter 415 beach and related public facilities; provided, however, that if at any time the City of Newport Beach no longer uses said portion of said lands so granted by the county to the city of Newport Beach for such a purpose the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. The use of any lands conveyed by the county pursuant to the provisions of this subdivision shall be compatible and not unreasonably interfere with any use of adjacent lands in accordance With paragraph (3) of subdivision (a) and subdivision (h) of this section. 0) The provisions of Section 6359 of the Public Resources Code shall not be applicable to this amendment of the grant to the county. . • (k) The county shall establish a separate tidelands trust fund or funds in such manner as may be approved _ by the State Lands Commission and the county shall deposit in the fund or funds all moneys received directly from, or indirectly attributable to, the granted tidelands in the county. (1) Notwithstanding any other provision of law to the contrary, the county, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands for any or all of the purposes set forth in this act. (m) Such revenues may be deposited in one or more reserve funds for use in accordance with the terms and conditions set forth in this act. (n) As to the accumulation and expenditure of • revenues for any single capital improvement on the granted lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the county shall file with the State Lands Commission a detailed description of such capital improvement not less than 90 days prior to the time of any disbursement therefor or in connection therewith, excepting preliminary planning. The State Lands Commission may, within 90 days after the time of such filing, determine and notify the county that such capital improvement is not in the statewide interest and benefit or is not authorized by the provisions of subdivision (1) 459 4 1688PG 1463 A fir. rs tl i i 9/ P • �n i 1688PG ( 484 Chapter 415 of this section. The State Lands Commission may request the opinion of the Attorney General on the matter; and if it does so, a copy of such opinion shall be delivered to the county with the notice of its determination. In the event the State Lands Commission notifies the county that such capital improvement is not authorized, the county shall not disburse any revenue for or in Connection with such capital improvement, unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The county is authorized to bring suit against the state for the purpose of securing such an order or adjudication, which suit shall have priority over all other civil matters. Service shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in such suit. If judgment be given against the state in such suit, no costs shall be recovered against it. (o) At the end of every third focal year, beginning June 30, 1977, that portion of the county tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after current and accrued operating costs and expenditures directly related to the operation or maintenance of tideland trust activities have been made, shall be deemed excess revenues; provided that any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act, including such improvements which may be paid for by the county from such revenues within the lands to be conveyed to the state pursuant to this act, may be considered as expenditures for the purposes of determining net revenues; provided, however, that if made after the effective date of this act they may be so considered only if made in accordance with subdivision (n) of this section. The excess revenue, as determined pursuant to subdivision (n) of this section, shall be divided as follows: 85 percent to the General Fund in the State Treasury, and 460 Chapter 415 15 percent to the county to be deposited in the trust fund and used for any purpose authorized by subdivision (l) of this section. (p) The State Lands Commission, at the request of the county, shall grant an extension of time, not to exceed 30 calendar days, for filing any report or statement required by this act which was not filed due to mistake or inadvertence. (q) In the event that the county fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the Attorney General shall, upon the request of the State Lands Commission, bring such judicial proceedings for correction and enforcement as are appropriate, and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall.notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days of the occurrence of such failure or refusal and of actions taken as a result thereof. (r) The State Lands Commission shall, from time to time, recommend to the Legislature such amendments as it may deem necessary in the terms and conditions of this act. (s) The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments • thereto, have been complied with in good faith. (t) The State Lands Commission shall, on or before December 31st of each year, report to the Chief Clerk of the Assembly and to the Secretary of the Senate, the full details of any transaction or condition reported to the commission pursuant to this act which it deems in probable conflict with the requirements of this act, or with any other provision of law. (u) The Attorney General, on request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing at which the grantee has been given an 461 :b �0 v, 1 -1 r: Cif �' � 1668PG 1465 • • 6R t E E68es 14E6 Chapter 415 462 opportunity to fully express any disagreement with the commission's findings or to describe any, extenuating circumstances causing the violation, shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the county holds such tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or other legislative enactment, or to compel compliance with the terms and conditions of the grant and any other provision of law including, but not limited to, this act. (v) The county shall cause to be made and filed with the State Lands Division, annually, a detailed statement of receipts and expenditures by it of all rents, revenues, issues and profits in any manner hereafter arising from the granted lands or any improvements, betterments or structures thereon. The Department of Fish and Came t t and City of Newport Beach, in lieu of the county, shall w establish such funds, make such deposits, and make such statements as to any lands conveyed to said department and city pursuant to subdivisions (h) and (i) of this section. (w) The provisions of Public Resources Code S- ctions 6701 to 6706, Inclusive, shall be applicable to this section. SEC. 2. The land described in Section 1 includes the " . following: (a) All those sovereign tidelands and submerged lands, whether filled or unfilled, partly in the City of Newport Beach, all in the County of Orange, State of California, being: Lots 1 and 2 of Section 23, Lot 1 of Section 25, Lots 1 and 2 of Section 26 all in Township 6 South, Range 10 Wesl, San Bernardino Meridian, according to the official plat of said land as shown on a map recorded in Book 3, page 7 of Miscellaneous Maps, records of said County; Tideland Patent No. 204, from the State of California recorded July 19, 1907 in Book 1, page 245 of Patents, records of said County; Portions of Blocks 4, 5, 51, 52, 53, 55, 56 and 57 of Irvine's Subdivision, as per map filed in Book 1, page W Miscellaneous Record Maps, records of said County, included within the following described boundary and any other land owned by hrantur included wiLhln said boundary: 462 Chapter 415 Beginning at the Northeast corner of Lot 12, Tract No. 4224, as shown on a map filed in Book 157, pages 1 through 14, Miscellaneous Maps, records of said Orange County; thence along the boundary of said Tract the following described courses: 1. South 36° 37' 10" East 118.99 feet; 2. South 21° 22' 02" East 266.44 feet; 3. South IT 05' Ol" East 103.13 feet; 4. South 40 18' 23" East 214.74 feet; 5. South 4° 38' 29' East 190.28 feet; 6. South 20° 22' 24' East 193.47 feet; 7. South 3° 05' 03" West 88.53 feet; 8. South 23° 28' 09' West 87.23 feet; 9. South 33° 22' 06' West 272.21 feet; . • 10. South 26° 11' 31' West 242.29 feet; 11. South 24° 24' 07' West 160.08 feet; 12. South 22° 36' 56" West 160.31 feet; 13. South 29° 28' 14" West 307.32 feet; 14. South 10° 19' 39" West 116.92 feet; 15. South 0° 11' 19" East 81.39 feet; 16. South 11° 31' 25" East 80.01 feet; 17. South 21° 04' 53" East 162.61 feet; 18. South IT 00' 06" East 80.02 feet to the Southeast corner Lot 45, said Tract No. 4224; thence leaving said boundary; 19. North 77° 33' 39" East 84.52 feet; thence 20. South 46° 35' 28' East 50.93 feet; thence 21, South 770 44' 07" East 23.54 feet; thence 22. North 84° 48' 20' East 55.23 feet; thence • 23. South 47 24' 48" E. 59.44 feet to the intersection with a line that is at right angles to the Northeasterly line of Lot 54, said Tract No. 4224, and passes through the Northwesterly corner of said Lot 54; thence 24. South 20° 08' 29" East 208.14 feet along said line to said Northwesterly corner; thence along the boundary of said Tract No. 4224 the following described courses: 25. North 69° 51' 31" East 130.00 feet; 26. South 18° 07' 35" East 156.92 feet; 27. South 7° 33' 23' West 122.82 feet; 463 a a I668PG 1487 r1° 0 • t 1 E88P614EB Chapter 415 mm 28. South 38° 25' 04" West 137.05 feet; 29. South 56° 24' 35" West 99.89 feet; 30. South 54° 05' 35" West 127.86 feet; 31. South 44° 44' 03" West 117.00 feet; 32. South 39° 43' 05" West 216.76 feet; 33. South 34° 18' 41" West 162.79 feet; 34. South 11° 26' 49" East 90.42 feet; 35. South 52° 53' 55" East 218.43 feet; 36. South 28° 06' 02" East 252.56 feet; 37. South 20° 31' 44" East 59.20 feet; 38. South 24° 30' 02" East 299.33 feet; 39. South 33° 05' 39" East 204.70 feet; 40. South 18° 18' 25" West 213.42 feet; 41. South 9° 51' 31" West 235.00 feet; 42. South 69° 21' 51" West 209.71 feet to the Southwesterly corner of Lot 80, said Tract No. 4224; thence leaving said boundary; y 43. South 17° 08' 25" West 106.94 feet; thence ., 44. South 50° 25' 57" West 252.09 feet; thence r 45. South 41° 32' 54" West 446.29 feet; thence 46. South 31° 18' 49" West 140.46 feet; thence 47. South 9° 30' 24" West 211.91 feet; thence 48. South 0° 40' 50" West 393.71 feet to Station No. 110 of the Ordinary High Tide Line as described in the final decree entered in Case No. 20436 Superior Court of said Orange County, said " Station being an angle point in the boundary of said Tract No. 4224; thence 49. South 1° 53' 04" East 122.43 feet along said Ordinary High Tide Line and boundary to Station No. 111 of said 'Ordinary High Tide Line; thence leaving said Line and boundary 50. East 100.00 feet; thence 51. South T 43' 45" West 798.21 feet; thence 52. South 424.00 feet; thence 53. East 563.00 feet; thence 54. North 26° 19' 40" East 467.24 feet to a point in the most Northerly line of the "Boat Launching Area- described in a lease recorded in Book 7640, Page 298, said Official Records; said point being South 82° 17' 23" West 100 feet along said line from mm '0 in Id of id MI cam• • r1 U the tah bm 6� i 1668PG 1469 Chapter 415 Station No. 25 of said Ordinary High Tide Line; thence 55. North 82° 17'23" East 100.00 feet along said line to said station; thence 56. South 24° 13' 27" East 39.30 feet along said Ordinary High Tide Line to the Northwesterly terminus of that certain 80.00 foot strip of land described in a deed to the County of Orange for Back Bay Drive, formerly Bayside Drive, recorded in Book 4288, page 216, Official Records of said Orange County; thence 57. North 66° IT 51' East 6.35 feet along said Northwesterly terminus to a point on the Southwesterly right of way line of Back Bay Drive, formerly Palisades Road, 40.00 feet wide, as described in a deed to the County of Orange, recorded in Book 1037, page 269, said Official Records, said point being the beginning of a curve concave Easterly and having a radius of 220.00 feet, a radial to said point bears South 66° 17' 51" West; thence along said right of way line the following described courses: 58. Northerly 147.87 feet along said curve through an angle of 38° 30' 40 '; 59. North 14° 48' 31" East 93.81 feet; 60. Northeasterly 157.19 feet along a 320.00 foot radius curve that is concave Southeasterly through an angle of 28° 08' 40"; 61. North 42° 57' 11" East 123.69 feet; 62. Northeasterly 64.82 feet along a 220.00 foot radius curve that is concave Southeasterly through an angle of 16'52' 50"; 63. North 59° 50' Ol" East 82.93 feet; 64. Northeasterly 151.56 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 37 45' 20"; 65. North 22° 04' 41" East 8.49 feet; 66. Northeasterly 374.10 feet along a 370.00 foot radius curve that is concave Southeasterly through an angle 57° 55' 48"; 67. North 800 00' 29" East 97.75 feet; PI 1, r• t.. Air' t .� • • UA i 1688P61490 Chapter 415 68. Easterly 174.88 feet along a 1980.00 foot radius curve that is concave Northerly through an angle of 59 03' 38 "; 69. North 74' 56' 51" East 116.34 feet; 70. Northeasterly 119.54 feet along a 330.00 foot radius curve that is concave Northwesterly through an angle of 20° 45' 20 "; 71. North 54° 11' 31" East 28.69 feet; 72. Northeasterly 92.50 feet along a 230.00 foot radius curve that is concave Northwesterly through an angle of 23° 02' 30 "; 73. North 31° 09' 01" East 37.97 feet; 74. Northeasterly 124.65 feet along a 620.00 foot radius curve that is concave Southeasterly through an angle of 11" 31' 10 "; 75. North 42° 40' 11" East 19.36 feet; 76. Northeasterly 180.46 feet along a 780.00 foot radius curve that is concave Northwesterly through an angle of 13" 15' 20 "; 77. North 29° 24' 51" East 110.51 feet; 18. Northeasterly 180.55 feet along a 230.00 foot radius curve that is concave Southeasterly through an angle of 44" 58' 40 '; 79. North 74° 23' 31" East 71.57 feet; 80. Northeasterly 131.85 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 41° 58' 10 "; 81. North 32° 25' 21" East 98.40 feet; 82. Northeasterly 139.72 feet along a 580.00 foot radius curve that is concave Northwesterly through an angle of 13° 48' 10 '; 83. North 18° 37' 11" East 191.57 feet; 84. Northerly 190.95 feet along a 680.00 foot radius curve that is concave Westerly through an angle of 16° 05' 20 "; 85. North T 31' 51" East 112.97 feet; 86. Northerly 171.90 feet along a 480.00 foot radius curve that is concave Westerly through an angle of 20° 31' 10 "; 87. North 17" 59' 19" West 105.85 feet; 88. Northwesterly 219.44 feet along a 580.00 foot 466 • Chapter 415 radius curve that is concave Southwesterly through an angle of 21° 40' 40 '; 89. North 39° 39' 59" West 30.54 feet; 90. Northwesterly 209.18 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 20° 39' 50% 91. North 60° 19' 49" West 256.75 feet; 92. Northwesterly 166.34 feet along a 210.00 foot radius curve that is concave Northeasterly through an angle of 450 23' 004; 93. North 14° 56' 49" West 2.29 feet; 94. Northeasterly 103.72 feet along a 70.00 foot radius curve that is concave Southeasterly through an angle of 84° 53' 40 '; 95. North 69° 56' 51" East 84.37 feet; 96. Northeasterly 177.08 feet along a 180.00 foot radius curve that is concave Northwesterly through an angle of 56° 22' 00 '; 97. North IT 34' 51" East 926.31 feet; 98. Northerly 367.32 feet along a 380.00 foot radius curve that is concave Westerly through an angle of 55° 23' 00% 99. North 41° 48' 09" West 241.47 feet; 100. Northwesterly 99.32 feet along a 220.00 foot radius curve that is concave Northeasterly through an angle of 25° 52' 00 0; 101. North 15° 56' 09" West 54.89 feet; 102. Northwesterly 165.17 feet along a 580.00 foot radius curve that is concave Southwesterly through an angle of 16° 19' 00 "; 103. North 32° 15' 09" West 39.22 feet; 104. Northwesterly 93.71 feet along a 480.00 foot radius curve that is concave Southwesterly through an angle of 11° 11' 10"; 105. North 43° 26' 19" West 193.40 feet; 106. Northerly 362.21 feet along a 370.00 foot radius curve that is concave Easterly through an angle of 56° 05' 20 '; 107. North IT 39' 01' East 252.19 feet; 108. Northerly 292.89 feet along a 1780.00 foot radius curve that is concave Westerly through an angle 467 b� �l a' Ur, C 1688ft 1491 be 1 f 688?91493 • • i i f� E Chapter 415 129. North 18' 02' 51' East 42.03 feet; 130. Northerly 216.88 feet along a 580.00 foot radius curve that is concave Westerly through an angle of 21' 25' 30'; 131. North T 22' 39' West 302.88 feet; 132. Northerly 255.24 feet along a 370.00 foot radius curve that is concave Easterly .through an angle of 39° 31' 30'; 133. North 36° 08' 51' East 21.09 feet; 134. Northeasterly 403.36 feet along a 520.00 foot radius curve that is concave Southeasterly through an angle of 44° 26' 40'; 135. North 80° 35' 31' East 628.42 feet; 136. Easterly 289.58 feet along a 320.00 foot radius curve that is concave Southerly through an angle of 51° 51' 00'; 137. South 47° 33' 29' East 3.72 feet; 138. Southeasterly 115.09 feet along a 355.00 foot radius curve that is concave Northeasterly through an angle of 18' 34' 30`; 139. South 66° 07' 59' East 375.25 feet; 140. Easterly 209.08 feet along a 780.00 foot radius curve that is concave Northerly through an angle of 15° 21' 30'; 141. South 81° 29' 29' East 241.76 feet; 142. Easterly 208.39 feet along a 980.00 foot radius curve that is concave Northerly through an angle of 12° 11' 00'; 143. North 86' 19' 31' East 57.06 feet; 144. Easterly 95.37 feet along a 2600 foot radius curve that is concave Southerly through an angle -of 21` 01' 00'; -W. South 72' 39' 29' East 70.33 feet; 146. Easterly 108.18 feet along, a 1380:00 foot radius curve that is concave Northerly through angle of 4° 29' 30 "; 147. South 77° 08' 59' East 180.02 feet; 148. Easterly 96.09 feet along a 220.00 foot radius curve that is concave Northerly through an angle of 25' 01' 32' to the Westerly terminus of that certain 60.00 foot strip of land described in Parcel 2 in a ALA 0*.- y'3 �• i �r1 r.� ! 688Pg 1454 Chapter 415 deed to the City of Newport Beach recorded in Book 10,000, page 891, said Official Records; thence 149. North 160 56' 34' West 19.71 feet along said Westerly terminus to the Northerly line of said strip said Northerly line being a curve concave Southerly and having a radius 480.00 feet; thence from a tangent that bears North 73" 03' 26' East 150. Easterly 553.25 feet along said curve through an angle of 66° 02' 20' to the beginning of a reverse curve concave Northerly and having a radius of 25.00 feet being the Northerly line of Parcel 3 as described in said deed; thence 151. Easterly 31.15 feet along said curve through an angle of 71° 23' 49" to the beginning of a reverse curve concave Southeasterly and having a radius of 842.00 feet being the Northwesterly line of Parcel 1 as described in said deed; thence along .` said Northwesterly line the following described courses: 152. Northeasterly 96.16 feet along said curve through an angle of 6' 32' 37'; 153. North 74° 14' 34' East 98.02 feet; 154. Northeasterly 478.44 feet along a 758.00 foot radius curve that is concave Northwesterly through an 155. angle of 36' 09' 52'; North 38° 04' 42' East 156.00 feet; • 156. Northeasterly 547.51 feet along a842.00 foot radius curve that is concave Southeasterly through an angle of 37° 15' 23' to the beginning of a reverse curve concave Northwesterly and having a radius of 65.00 feet, the Northerly terminus of said curve being tangent to a line that is parallel with and 82.00 feet Westerly of the center line of Jamboree Road, 100.00 feet wide, as described in a deed to the County of Orange recorded in Book 4110, page 10, Official Records of said County; thence 157. Northeasterly 76.03 feet, more or less, along said curve through and angle of 67' 01' 22' to said parallel line; thence 158. North 8° 19'43' East 414.47 feet along said parallel 470 471 d E881161 495 w v '-' --- Chapter 415 line to the Southerly terminus of the Westerly right of way line of Jamboree Road, 132.00 feet wide, as described in a deed to the City of l Newport Beach recorded in Book 6135, page 155, f said Official Records; thence along said right of way line being a curve concave' Westerly and having a radius of 2334.00 feet and being tangent to said parallel line; thence 159. Northerly 295.99 feet along said curve through an angle of T 15' 58" to a point thereon that is 300.30 feet Southerly of the Northerly terminus of said curve; thence non - tangent 160. South 68° 20' 16" West 563.43 feet; thence 161. North 31' 39' 56" West 338.79 feet; thence 162. North 68" 20' 16" East 608.78 feet to the beginning of a curve concave Southerly and having a radius of 3805.00 feet; thence 163. Easterlv 124.57 feet along said curve through an angle of 1° 52` 33" to said Westerly right of way linef thence V.V 164. North 6° 18'34" West 416.16 feet along said line to - -! the beginning of a curve therein concave Easterly and having a radius of 1666.00 feet; thence 165. Northerly 352.71 feet along said curve and right of 5..,. way line through an angle of 12° 07' 49" to the Southerly line of the land described in a deed to ,t4 the Newport Harbor Union High School District t,i1 recorded in Book 7578, page 670, said Official Records; thence 166. North 84° 10' 45" West 154.76 feet along said Southerly line to the beginning of a curve therein concave Southerly and having a radius of 2000.00 feet; thence 167. Westerly 618.97 feet along said curve and Southerly line through an angle of 17' 43' 56 "; thence leaving said line non - tangent 168. South 57" 44' 19" West 77.81 feet; thence 169. South 64° 51' 54" West 161.27 feet; thence 170. South 64° 25' 17" West 181.82 feet; thence 171. South 66" 59' 55" West 381.32 feet; thence 172. South 75' 12' 12" West 102.44 feet; thence 471 �^ I 1688PG 1 496 Chapter 415 173., South 120 38' 00" West 29.56 feet; thence 174. South 39° 14' 15" West 116.20 feet; thence 175. South 22° 35' 4.1" West 87.19 feet; thence 176. South 10° 18' 17" West 106.21 feet; thence 177. South 62° 06' 10" West 28.85 feet, thence 178. South 9° 57' 02" West 115.74 feet; thence 179. South 35° 35' 57" West 54.11 feet; thence 180. South 66° 26' 52" West 63.82 feet; thence 181. South 84° 33' 00" West 142.14 feet; thence 182. North 70° 40' 37" West 81.60 feet; thence 183. North 88° 55' 32" West 133.02 feet; thence 184. North '74° 30' 41" West 258.38 feet; thence 185. North 83° 40' 51" West 149.91 feet; thence 186. North 39° 13' 32" West 31.63 feet; thence 187. North 66° 23' 34" West 147.33 feet; thence 188. North 57° 47' 03" West 633.42 feet; thence 189. North 65° 24' 57" West 219.50 feet; thence 190. North 55° 57' 02" 'Vest 176.81 feet; thence 191. North 74° 28' 33" West 140.11 feet; thence ti 7- 192. North 64° 33' 00" West 91.92 feet; thence 193. North 76° 57' 50" West 465.50 feet; thence ! 194. North 83° 23' 12" West 104,19 feet; thence 195. South 47° 54' 39" -West 20.89 feet; thence 196. South 89° 45' 48" West 121.00 feet; thence 197. North 78° 34' 22" West 143.85 feet; thence 198. North 82° 27' 21" West 262.77 feet; thence 199. North 69° 45'06" West 259.40 feet to a point in that certain 2060.00 foot radius curve in the Southeasterly boundary of Parcel 102.1 described in a deed to the Orange County Flood Control District recorded in Book 5906, page 516, said Official Records, said curve being concave Northerly, a radial to said point bears South 22° 50' 23" East; thence 200. Westerly 240.19 feet along said curve through an angle of 60 40' 50" to the Westerly terminus of said curve; thence 201. South 73'50'27" West 384.32 feet continuing along said boundary to an angle point therein; thence 202. North 16" 09' 33" West 100.00 feet .alonf said boundary and the northerly prolongation thereof; 472 r Chapter 415 473 r' r'a .-3 �r i�' 7 thence ' 203. South 76' 25` 54' West 280.21 feet; thence_ 204. South 75' 59' 33" West 241.69 feet; thence 205. South 85' 26' 24" West 81.76 feet; thence 206. South 58' 22' 28" West 207.87 feet; thence 207. South 53' 22' 27" West 422.40 feet; thence 208. South 36' 43' 20' West 194.00 feet; thence 209. South 22' 58' 42" West 307.39 feet; thence 210. South 14' 54' 39" West 270.09 feet; thence 211. South 6' 51' 09' West 234.68 feet; thence 212. South 3' 34' 35' West 88.17 feet; thence 213. South 6' 26' 13' East 98.12 feet; thence 214. South 36° 07' 10" East 22.90 feet; thence 215. South 1' 08' 12' East 126.02 feet; thence 216. South T 42' 36' West 156.42 feet; thence 217. South 23' 11' 55" West 194.20 feet; thence 218. South 24.' 54' 56" West 85.45 feet; thence 219. South 25' 44' 05' West 231.46 feet; thence 220. South 33" 17' 43" West 440.17 feet to a point that is North 54' 13'20* West 79.13 feet from Station No. 76 of said Ordinary High Tide Line as described in said final decree above referred to; thence 221. South 54° 13'20* East 79.13 feet to said Station No. 76; thence 222. South 0' 24' 52' West 610.81 feet along said Ordinary High Tide Line to Station No. 77 thereof; thence 223. South 31' 37' 12' East .430.16 feet along said Ordinary High Tide Line; thence 224. South 45' 00' 00' West 181.91 feet to the Northeasterly line of Lot 11 of said Tract No. 4224; thence M. South 64' 55' 53" East 90.37 feet along said Northeasterly line to the Northeasterly corner of Lot 12, said Tract No. 4224 and the point of beginning. (b) A parcel of land in Upper Newport Bay adjacent to Block 53, Irvine's Subdivision, in the City of Newport 13�,ach, County of Orange, State of California, as per map filed in Book 1, page 88, Miscellaneous Maps, records of � -lid county being bounded as follows: 473 r' r'a .-3 �r i�' 7 0 a 4 YY Chapter 415 Bounded on the north and northwest by the westerly boundary line of the lands described in the decree in the case of County of Orange v. The Irvine Company, Orange County Superior Court Case No. 20436. Bounded on the southwest by the northeasterly line of North Star Lane as shown on the map of Tract 4224, filed in Book 157, page 1, Miscellaneous Maps, records of said county. Bounded on the east and southeast by that certain parcel described in subdivision (a) of Section 2. SEC. 3. Chapter 2044 of the Statutes of 1957 is repealed. HISTORY: A.B. 83, approved August 28, 1975, filed August 29, 1975. 474 1 3 4 5 6 7 8 9 lU 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "0 S1 32 1 2_231 Rcc<ir: ling Itegwr.I cd by and When 7 EXEMPT Recorded 1' %1:ril to: ) Katharine C. Stonc Duputy Allnrni:y Ce,IC_rnl Office, of thr At:t orncy C oIrm:il 800 Tisho.an linildln,� 35A 0 11i 4h i cr hou l evii rd l.os Argelcs, Cal.iforrlin. goolo Pa 1170 1 %1697 RECORDED IN OFFICIAL RL' OF ORAWiE COUrRY. c1L IF o:aa n.rn. APR 12 19, A N'YUE CARLYLL Ce"tYRI pace above this lane for rccoiracr's use "State of California Official. Bus�incis - Docsm,cnt ent.iticd to Free Recorrl:lt ion Pursuant to Covornn.ent Cole action 610 KA'IlW!*INF, E. - Pe{xtky� AEi -ernes C e"errri SATISFACTTON AND IIEI,EASE This instrument is made this 6th day. of April 1976, by Ilia Irvine Company. Witnesseth WHEREAS, on April 11, 1975, The Irvine Company, the State of California, and certain other entities entered into the "Upper Newport Bay Settlement Agreement for Transfer of Certain Real 1'roperty to the County of Orange and the City of Newport Beach, jointly, nod the State of Cali:.f.ornin by The Irvine Company and for Settlement of Pending Litigation" (hcroi.nafter the "Agreement "), recorded in the official records. of Orange County, California, on April 14, 1975, in Boole 11376 at pages 151.4 ff. WHEREAS, pnrap raph 2.2 of said A;jr( rcw -w provided n9 fol1oi,S: "2.2 I.;n'n�of T1nnt Iry t; l_n lf, _lhving. Wlihin five years of thu rinLL of the Close of CaCraw, the SLntc of ,jw ,J� LJ im u I�. 911 170 1 PG 1698 1 cal.'ifurnla sli:i 1. viy to lrvinc rrom any Funti , wllicb lorry Iw npllro- printed by Lbe Lap,islnl:nrc: the LotaJ auumnt of $3,118),000 for Lbe 3 Til;o Area. Partial p�ywenLS of said nwonnL luny lic upproprial.od 4 nnrl paid by tha SL:lr.e. to Tsvinc dllrinl, s:i1d five yu:ir. poi -lad, 5 provided Lb:tt, if lire eul.iro afomment. lonvd Lul.:ii lowond, i,l unl. 0 appropriated and pnitl wil1do wild fivr, year,peripri, frvint: shad] 7 return nny rind all. of such Imi'Li.al paywcnl.:: ai: ri condition U.I precedent of Tivine's . seeking to en!forcu I.lin: provis)onn of Lilies 9 AgreemonL rop,ardlug the f:li.lure of Cla Star. to lily wlict Lotal 1.0 nlnnunt, I,rvinr:• :1*111 not to entitled LO the hny,a,ne fro9t Lho 11 Sumo of any inl:craye, fee or other ch:lri;c, rvpnrdin sai.(i toCu1 12 amount. I11i Lbw evntit any pai•ti.nl pnywunt•e of ::aid mmrnonL are 13 r6L13 rOdd to LAW Stale by 'Irvine iu nccociltinc.e tcll.lr Lho provlaione 14 of thl.a patrn;;rnpb, the SLnhc : :11]11 tntL bc: wiLith-d to Lho 4rnyuonnt. la from Trvi.nr• of any int:cre::L, fee Or ol.hor cllnr;�,r: rr,::�rrliup, I.1u. 10 funds rccaived by Irviru: ro; such pnrl.iul pnyousrl P: 11ury of 17 L.ho Logiplaturc LO approjwiaLe ,aid LoLal nuttmnt or nny porl.lon 10 theroof shall not conatlLULn et breach of 1:h1a A; re r,':nl npr 19 atlb,)out Of, !A,1111! Ili Wiry 1118 -I H 1.y mitt l ,i, ovol•, I {oLLf oly hUrutti 20 Ant! pr0el0do Lhe SLIOLU from t.bCalnll p, nod llpplylll;• lnndn from 21. any source toward the paym(,nl. of laid Lotlil aov,unl . Ally fundo 22 so ebCained and applied shnl,l rnducc Lho. anluuut Lo lie paid from 23 appropriations. In the event the total amount: 'is I)OL paid wlLirin 24 said five your periocl, any funds so applied Ln r:crirl ;Imoul)L' 911:111 25 l be refunded by Irvine to the source of swirl trout:: n; a condition 26 precedent of Irvine's seeking to enforce the provisimu; of Lb'it: 27 I Agreement regardin;; the failure of the State. to pny swirl total 26 amount, Any paymcnt.of the T:al:c Area purchase price ::hall bo 29 made in two or u:oro 'instal1mwiL::, thn fir:]: Lim or LAIi('11 ::hall :50 not oc'snr during 1.bc smite Lwel.ve month period rounw!w in}� M:,y L:l I • 31 j nod end iu;; Apri.l "1001, Nutwitllstnndin;c Chc fura;;oin;;, il' :nl I 2. 0 0 11 2 :5 h G 61 b 9 10 ].1 1L 13 1! 1L 16 17 is 19 20 21 2? 23 24 26 27 28 %t :S o 31 ez ►1701 PC 1699 installment of less than the, ent:irc amount: is Inadc prior to the April 30th follwt i.nl the clv e of es(croa, ::ucb installment n1jall be less Lhan tt:•t:nLy -niric percalit MY) of 1.1ty c•nLirc 'I'al:c Area purOvine pr'ic -r. Tit t:hc event. I.lu: fir:a. p:rymonl. i:: lwldci ill Ilw . fifth year followin", the clos:c of escrow the socood payu.ant dell be made no earli.cr than the following Nay i1sL, oven Lhoul;h such day may be in Lbu sixth year following, Cho CIO!:(: of c: ;c)'oce." 611114 EAS, said paragraph 2.2 was emended by an unrccordo.d document dated January 12, 1976 (a copy of the rnnm>dmcnt is attached hereto aril incorporated lrero.in by this refcrcnce.) as follows: "A. Notwithstanding any provision of paragraph 2•2 of the Agmew- nL, Lhe. Stato will pay $:1,481,000 to I'rvine dor.in,•, April 1976 in full payr.:ont of the poeehru.e prit.o for t.boau porLions of Upper Newport Briy convcyud to SOLO by Irvine pur- suant to the Agreement. "B. In the cvunt that the State does not Txty the entire purchase price during April 1976, this Amc 'sent shall be void and of no further effect and paragraph 2..2 of the AgreetmunL shall remnin in full force and effect, C. Nothing in this, Amendment shall be construed to have any effect on any provision of the Agreement except the provisions of paragraph 2.2 t•:hi.eh are amenJed hereby." 17t11:R1 {AS, in April of 1976 tho S[aLe tendcrcd and Trvine accepted $3,451,000 fill.]: payment of the pu VC] ta:;c pt'i.c<:. NOW TIIERE ORE, The Irvine Company, for good :Ind vnl.uablc: consideration, the receipt of which is horeby acl:nnwladged, carti.fics that all of the terms and conditions of pa rogiaph 2.2 of the Upper Nowport Bny SoLLlnmcilt. A];rccmc:uL hnvc In:en ratillf'ic:d nod hereby rr.lraa:us "Intl forevor LAw ':cafe of enl-iforui . of and from :toy and rill ]iabi,liLy and of :utd from:nry and all 3. Jvp qq 0 0 I ak 11701 rc 700 1 actions, causes of ac.lion, claiuis, demands, loca, rla:.�eq;es, costs, 2 expenses, fret: and cowgr,:n. ^,a t.inn Of wliacs:;evrr nalLlr(- on account 3 of or in (my w:iy aarish)q; out of or in niq uvanmr r[�:,u)lin& frow 4 paragraph 2.2 of tl,c Uptwr NcuporL Bay SrtU.en::.rn. A,,rc/:n:r.nt. - _•. - - ......- _._._ ... __... TIIti. IIiVa I.li COi•1PAN1' c� 7 liyA -r 9 STATE OF CAi.IPOPNIA ) s . 10 Connty of Orange . 11 I On 1976, before m::, the undersigned, a 12 Notary Public in and for said County and Stale, por:sonal.ly 13 appeared -OIM d a ��/rla ti ., known to mo Co be the 14 'T2tQC_a[l.�c, _._ of 'rm. IRVINE COMPANY, the c.orpoval.'ion lu that executed the A.lL i:n inslruu¢•nL, and hno::�n to ir( to Lo l }rl i 10 person who execuLcd the within :i.nstrumcnt on bc;ha)f of the I 17 corporation therein named, and acl.•nowlecl „ed to me that such is corporation executed the within instruwcat pursuant. to its 19 Bylaws or a resolution of its Board of Directors. 20 IN WTTNIESS WII6RCOP,. I have hereunto set my hand and 21 affixed my official seal on the day and year in this certi.f.i,cato 22 first above written. - 23 •••••••••••••••••••••••••••••• `` 'L4 I i 'N\I 1 LOO INf5JONES ♦ c” —'i n a _._ � I Hero vvu,uc.. eni ra+nn:ni js]oLa ry Pul>)t[. in and ([ 1 th[ CounLy P� • PUINUPAI uvr; :I, of Orange, State of Califorui;i • MY Commixs:on E es APM 24 1979 27 pa II r' LI r jmm 1W EXHIBIT TO SATISFACTION AND RELEASE: 911701 PC' 701 AAfE @:R PSC: 1''1'0 llfl'I:f. :7d•111OI:'I PAY SI "1 "1'I,1i 91(ti'I' ACW:141ii;i'f This Amcndr :,nt to lipp:r Newport Day S:L 11.c unf Ai:rccw(mL (hnrri.itaftcr Lhn "Amcii0cieni. ") is. cetCo.r ccl i.I d.n bottu:en Lhe (L.aLC oC Californicl (" Statc ") arad '1'hc ty'All(o Compacry ( "Irvine ") as of the 12th day of January,, 1976. REC.ITAL£:. 1. On April 11, 1975, Irv.ircc:, Stance and cust'ai.n other cntit_ies altered into the= "Upper Newport: Bey ScCf7 c:nuin L' • Agrcemr:nt for 1'rartsfcr of Czrtai.rt I:i:al. Propert.y to the County of Or.'anZ,e acid the City of Newport: (teach, Jointly, uud l.bc Stalte of: Culiforni;t I.y 7ir Irvi.lir Culup:lny and For U." Crf.l'1c- nsnt. of l'cudi.iim, 1. it.ip,.,t.i.n:i' I cr Ih(•n. / {•,, ,��,,,, 0 "). The Agreement: was r(:cocded in the: offic_.inl record:: of Orango County, Cal.iforrria, on April Ill, 1.975, in Boole 11 :176 at pafcs 151.4 ff. 2. Pursuant to the Agi: ctctnruC, Irvine conveyed certain property irnt:eree:ts in and around. llpper Newport. 13:;y to the State on April 22, 1975. - 3... Parapraph 2.2 of the Agreement providrts that- payment of the $3,481,00) purchast pric @: by.St:➢tc Co Irvine- .for said convoyod 1'rrgp:;rty inti:rr:3tr. nnrat be mav3c ill :i.1int:nl7,- menu subject to certain other toms as. to timi.nZ! mill milourit..,. lc.. Irvi.nc and.Statn des:Lre to amend the A,,rvvment in order to proyidc Chit the enLirc purchase price of S.3,481,000 shall be p::id during Apt`il of 1976. ACI:P:h:hIl(idT Thu p:n'liar t.o Lliis Aw- mlowiil liorchy a1,rcv Ih;il lhc, A� i'cozix,nf :.h :0 1 I!, r,.., r.d d ;0. fol I o•dc: r ex1170:f&i 702 A. NuLrjit h:; t.uuli ucj anypT: ovi: ;.ion uf. Paj:ayrnph2..2 Of the. Agreement, tho Statc: tgi.13 pay $3,461.,000 to Irviue during April 1976 .in full p;ty!nmiC of flu: F,u rcl:a::: pj:icc: for thous l+orliogn of Uy,pex Nvq;ponrt illy convuyvd lo St;.tlu by Irvin': pursuant to the Ayr.•oment. 13. Tu tha event that the. statt,:. dues. not l,oy the enti.rc: purchase price during April 1976, this; Amowl,wnt shall. be void and of no further effect and Paratjrnph 2.2 of the Agreement shall remain in full force and effect. C. Nothing in this Amendment shall be construed . to have any effect on any provision of the Agreement except the pxovisi.ons of Paragraph 2.2 which are, nmen<h:d ht:roioy. IN WT'rW;S9 '911: ?1Y14O1', thc: partion hereto have. ctxoontod thi.:: Aint•nd;nrnl. .c:: of Uu: d,iy and ycnu' L'ir::L above vj:.i.tten. • APPROVED AS TO F0RI: DY J;VL'LLE J. YOUt'C:i ?1:, A'f1'OI�i9 P,Y GEMV.IUS, fly /� J ^ /•...;1,.., . Deputy Aftdrncy Gemeral THE' IRVINE CO.'11 -IMI1' a STATE` OF CALIFORI1'IA Approved: State of - California Dcapnrtmentp of Gencrol Services By jIIRT V•= •• -:iGa - 2 -