HomeMy WebLinkAbout2020-83 - Finding the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600 and 4630 Campus Drive; and 4525, 4533, and 4647 Macarthur Boulevard Consistent wRESOLUTION NO. 2020-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FINDING THE
NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY
DEVELOPMENT LOCATED AT 4341, 4361, AND 4501
BIRCH STREET; 4320, 4340, 4360, 4400, 4500, 4520,
4540, 4570, 4600 AND 4630 CAMPUS DRIVE; AND 4525,
4533, AND 4647 MACARTHUR BOULEVARD
CONSISTENT WITH THE PURPOSES OF THE STATE
AERONAUTICS ACT AND OVERRIDING THE ORANGE
COUNTY AIRPORT LAND USE COMMISSION'S
DETERMINATION THAT IT IS INCONSISTENT WITH
THE AIRPORT ENVIRONS LAND USE PLAN FOR THE
JOHN WAYNE AIRPORT (PA2014-225)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Saunders Property Company ("Applicant")
with respect to property located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360,
4400, 4500, 4520, 4540, 4570, 4600 and 4630 Campus Drive; and 4525, 4533, and 4647
MacArthur Boulevard within the northerly portion of the Campus Tract, generally bounded
by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian
Way, legally described on Exhibit A, which is attached hereto and incorporated herein by
reference ("Property");
WHEREAS, the Property is designated AO (Airport Office and Supporting Uses) by
the City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the OA (Office -Airport) Zoning District;
WHEREAS, the Applicant proposes a Planned Community Development Plan that
would allow redevelopment of the 16.46 -acre Property with up to 329 residential dwelling
units, exclusive of any density bonus as allowed pursuant to California Government Code
Section 65915 and up to 297,572 square feet of office, retail, and commercial use
("Project") which require the following approvals from the City:
Resolution No. 2020-83
Page 2 of 10
• General Plan Amendment (GP2014-004) ("GPA") — A request to amend the
General Plan Land Use Designation of the Property from AO (Airport Office and
Supporting Uses) to MU -H2 (Mixed -Use Horizontal 2) and to amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329
dwelling units, exclusive of any permitted density bonus, and 297,572 square feet
of commercial uses;
• Zoning Code Amendment (CA2014-009) — A request to change the zoning
designation of the Property from OA (Office Airport) to PC -60 (Newport Airport
Village Planned Community);
• Planned Community Development Plan (PC2020-002) — A request to adopt the
Newport Airport Village Planned Community Development Plan ("PCDP") which
sets the development design and use standards for the Property;
• Development Agreement (DA2014-003) ("Development Agreement") — A request
for a development agreement between the Applicant and the City, which would
provide vested rights to develop the Property, while also providing negotiated
public benefits; and
• Addendum to the 2006 General Plan Update and the 2014 General Plan Land Use
Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to
the California Environmental Quality Act ("CEQA"), the Addendum to the 2006
General Plan Update Program Environmental Impact Report ("PEIR") and 2014
General Plan Land Use Element Supplemental Environmental Impact Report
("SEIR") will address reasonably foreseeable environmental impacts resulting from
the Project;
WHEREAS, the Project is not located in the coastal zone; therefore, amending the
Local Coastal Program or a coastal development permit is not required;
WHEREAS, a telephonic study session was held on April 23, 2020, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19 to introduce the Project to the Planning Commission;
Resolution No. 2020-83
Page 3 of 10
WHEREAS, a telephonic public hearing was held by the Planning Commission on
June 4, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public hearing
was given in accordance with California Government Code Section 54950 et seq. ("Ralph
M. Brown Act") and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal
Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-020 by a unanimous vote (6 ayes, 0 nays) recommending the City Council
approve the Project;
WHEREAS, due to the proposed amendments to the General Plan and the
Property's zoning regulations, California Public Utilities Code Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
for a determination of the Project's consistency with the Airport Environs Land Use Plan
("AELUP") for the John Wayne Airport;
WHEREAS, on July 16, 2020, the ALUC voted (6 ayes, 0 nays) finding the Project
inconsistent with the AELUP;
WHEREAS, pursuant to California Public Utilities Code Sections 21670 and
21676, the City Council may, after a public hearing, propose to override ALUC by a two-
thirds vote of the City Council, if it makes specific findings that the Project is consistent
with California Public Utilities Code Section 21670 purpose of protecting the public health,
safety, and welfare by ensuring the orderly expansion of airports and the adoption of land
use measures that minimize the public's exposure to excessive noise and safety hazards
within areas around public airports to the extent that these areas are not already devoted
to incompatible uses;
WHEREAS, on July 28, 2020, the City Council adopted Resolution No. 2020-73
by a unanimous vote (7 ayes, 0 nays), to notify the Orange County Airport Land Use
Commission and the State Division of Aeronautics of the City's intent to override ALUC's
inconsistency finding. A Notice of Intent, along with Resolution No. 2020-73 was sent via
certified mail and email to the Orange County Airport Land Use Commission and the State
Division of Aeronautics on July 30, 2020; and
Resolution No. 2020-83
Page 4 of 10
WHEREAS, telephonic public hearings were held by the City Council on
September 8, 2020 and September 22, 2020, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the public hearings were given in accordance with Public Utilities
Code Section 21676(b), the Ralph M. Brown Act, and Chapters 15.45 (Development
Agreements), 20.56 (Planning Community District Procedures) and 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at these public hearings.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council finds the Project is consistent with the legislative
purpose set forth in California Public Utilities Code Section 21670(a)(2) of protecting the
public health, safety, and welfare by ensuring the orderly expansion of airports and the
adoption of land use measures that minimize the public's exposure to excessive noise
and safety hazards within areas around public airports to the extent that these areas are
not already devoted to incompatible uses.
Facts in Support
1. The Project is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development of John
Wayne Airport and the surrounding area through implementation of the standards in
AELUP Section 2 (Planning Guidelines) and Section 3 (Land Use Policies).
Implementation of these standards are intended to protect the public from the adverse
effects of aircraft noise, ensure that people and facilities are not concentrated in areas
susceptible to aircraft accidents, and ensure that no structures or activities adversely
affect navigable airspace.
The AELUP makes use of the Community Noise Equivalent Level ("CNEL") system for
measuring noise impacts. The John Wayne Airport 65 decibels ("dB") CNEL noise
contour transects the Property, running from north to south with approximately half of the
project area located within the 65 A -weighted decibels ("dBA") CNEL noise contour and
the other half located within the 60 dBA CNEL noise contour. Section 3.2.3 (Noise Impact
Zone "1" - High Noise Impact (65 dB CNEL and above)) of the AELUP notes commercial,
industrial, and recreational are acceptable uses, however, residential development is not
supported within the 65 dB CNEL noise contour. Conversely, Section 3.2.4 (Noise Impact
Zone "2" - Moderate Noise Impact (60 dB CNEL or greater, less than 65 dB CNEL)) of
the AELUP, where the other half of the Project lies, allows residential development,
Resolution No. 2020-83
Page 5 of 10
provided that the units have sufficient sound attenuation. In accordance with these
policies, the PCDP prohibits residential developments within Noise Impact Zone "1" but
allows residential developments within Noise Impact Zone "2". The PCDP requires all
dwelling units provide an interior, ambient noise level that does not exceed 45 dBA
between 7:00 a.m. and 10:00 p.m. and 40 dBA between 10:00 p.m. and 7:00 a.m.
Additionally, in the event a neighborhood park is developed, notification to future residents
and the public will be required by way of posting signs in outdoor open areas and
recreation areas.
The Newport Beach General Plan Noise Element, which the ALUC found to be consistent
with the AELUP in 2006, requires residential development in the Airport Business Area to
be located outside of the 65 dBA CNEL noise contour and requires residential developers
to notify purchasers or tenants of aircraft overflight and noise. As previously noted, the
PCDP prohibits residential development within the 65 dBA contour line and requires
prospective purchasers and tenants to be notified about potential noise generated from
John Wayne Airport.
2. The Project is consistent with the Safety Standards of the AELUP.
Safety compatibility zones are set forth in Section 2.1.2 (Safety Compatibility Zones) of
the AELUP. Safety and compatibility zones depict which land uses are acceptable in
various portions of John Wayne Airport. Portions of the Project are located with Safety
Compatibility Zone 3, with the remainder located in Safety Compatibility Zone 6 for
Runway 2R and 20L (formerly 1R and 19L). The Project is located within Safety
Compatibility Zone 6 for Runway 2L and 20R (formerly 1 L and 19R). Zone 3 precludes
high density residential, however, commercial development is allowed. Zone 6, which is
less restrictive than Safety Zone 3, allows all residential uses and commercial
development (excepting high intensities uses, such as outdoor stadiums). Moreover, the
proposed permitted uses within the PCDP are already permitted uses under the OA
(Office -Airport) zone. Uses such as offices, retail, restaurants, and fitness center are
currently permitted on the Property. Although entitlement requirements may change for
some uses, approval of the Project does not add new nonresidential uses, intensities, or
densities to the areas within Safety Zone 3. To protect the public health, safety and welfare,
the PCDP prohibits residential developments within Safety Zone 3. The remainder of the
Property is within Safety Zone 6, which according to the AELUP has "generally low
likelihood of accident occurrence." Basic compatible qualities listed in the AELUP for
Safety Zone 6 include residential uses.
Resolution No. 2020-83
Page 6 of 10
3. The project is consistent with the height standards of the AELUP.
AELUP Section 2.1.3 (Building Height Restrictions) sets forth building height restrictions.
This Section provides that ALUC consider only one standard as provided in the 14 Code
of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal Aviation
Regulations). AELUP Section 2.1.3 provides that the Federal Aviation Regulations are
the only definitive standard available and the standard most generally used. AELUP
Section 2.1.3 (Building Height Restrictions) identifies the Federal Aviation Administration
("FAA") as the single "Authority" for analyzing project impact on airport or aeronautical
operations, or navigational -aid siting, including interference with navigational -aids or
published flight paths and procedures along with reporting results of such studies and
project analyses.
While the FAA initially issued a "Determination of No Hazard to Air Navigation" based on
an 80 foot maximum height. ALUC expressed concerns that the PCDP was proposing to
allow an 85 foot maximum height. Since the ALUC hearing, the Applicant worked with the
FAA to provide a more specific analysis, which analyzed four points for each of the
planning areas. This resulted in FAA issuing a "Determination of No Hazard to Air
Navigation" for a maximum height of 85 feet for Planning Area 1 on July 29, 2020. This
was followed by a "Determination of No Hazard to Air Navigation" for a maximum height
of 54 feet for Planning Area 2 on August 5, 2020. It is important to note that the allowable
height for Planning Area 2 within the proposed PCDP has been amended to 54 feet in
accordance with this determination.
On August 19, 2010, ALUC found the revisions to Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code ("2010 Zoning Code Update") to be consistent with the
AELUP. The 2010 Zoning Code Update included Section 20.30.060(C)(2)(e) (High Rise
Height Area) of the NBMC and Map H-1 (High Rise and Shoreline Height Limit Areas).
The high rise area allows nonresidential buildings to be built on the site with a maximum
height of 300 feet, subject to the provision of the AELUP. Under the provisions of the
AELUP and current zoning allowances, a new nonresidential building would be permitted
on the Property up to a maximum height of 200 feet without ALUC review of the
development, provided the FAA approves the height. The proposed height limits for
Planning Areas 1 and 2 are 85 feet and 54 feet, respectively. Therefore, under the current
regulations, a nonresidential building could be built on the Property at the same height
limits being proposed with the PCDP, which results in the Project having no further impact
than the current zoning.
Section 2: The City Council finds the ALUC's determination that the Project is
inconsistent with the AELUP is not based on substantial evidence that was introduced,
commented on, or identified in support of the inconsistency finding.
Resolution No. 2020-83
Page 7 of 10
Facts in Support
1. The ALUC staff report noted the proposed PCDP is inconsistent with the AELUP
regarding noise, height, and safety zones. The staff report was presented to the Airport
Land Use Commission on July 16, 2020; however, no additional information was
presented beyond what was contained in the written staff report.
2. The ALUC staff report states the Project is not consistent with Section 2.1.1
(Aircraft Noise) that the "aircraft noise emanating from airports may be incompatible with
general welfare of the inhabitants within the vicinity of an airport."
As noted in Section 1 of this Resolution, the John Wayne Airport 65 dB CNEL noise
contour transects the Property, running from north to south and approximately half of the
project area is located within the 65 dBA CNEL contour. Section 3.2.3 (Noise Impact Zone
"1" - High Noise Impact (65 dB CNEL and above)) of the AELUP notes commercial,
industrial, and recreational are acceptable uses; however, this section "does not support
residential development within the 65 dB CNEL noise contour." Conversely, Section 3.2.4
(Noise Impact Zone "2" - Moderate Noise Impact (60 dB CNEL or greater, less than 65
dB CNEL)) of the AELUP allows residential development, provided the units have
sufficient sound attenuation. In consistency with these policies, the PCDP prohibits
residential developments within Noise Impact Zone "11". For residential developments
within Noise Impact Zone "2", the PCDP required that all dwelling units provide an interior
ambient noise level that does not exceed 45 dBA between 7:00 a.m. and 10:00 p.m., 40
dBA between 10:00 p.m. and 7:00 a.m. Additionally, should a neighborhood park be
provided, notification to future residents and the public by posting signs in outdoor open
areas and recreation area will be required. No information was included in the staff report
or presented during the ALUC hearing that demonstrates otherwise.
3. The ALUC staff report further states the project is not consistent with Section 2.1.2
(Safety Compatibility Zones) in which "the purpose of these zones is to support the
continued use and operation of an airport by establishing compatibility and safety
standards to promote air navigational safety and to reduce potential safety hazards for
persons living, working or recreating near JWA."
The basic compatibility qualities for each of the safety zones are classified in Table 9B
(Safety Compatibility Qualities) of Appendix D of the AELUP. Safety Zone 3 precludes
residential development and avoids nonresidential development that has moderate to
high usage intensities. The PCDP is consistent with the requirement as Section II(B)
explicitly prohibits residential dwelling units within Safety Zone 3. Further, the permitted
nonresidential uses include lower intensity retail and offices uses, as well as, uses that
are currently allowed in the OA (Office -Airport) zone. The remainder of the Property is
within Safety Zone 6, which according to the AELUP has "generally low likelihood of
Resolution No. 2020-83
Page 8 of 10
accident occurrence." Basic compatible qualities include residential uses and most
nonresidential uses, excluding very high intensity uses, such as outdoor stadiums.
Consistent with these allowances, the PCDP permits residential uses within the zone, as
well as a variety of low -intensity nonresidential uses.
The ALUC staff report does not provide evidence that the Project would be inconsistent
with the allowed uses of each of the AELUP safety zones. Instead, the staff report notes
that allowing residential uses would not be prudent due to overflight. Notwithstanding this,
the FAA prepared an aeronautical study to consider the Project, which includes a
maximum height of 85 feet above ground level ("AGL"); and 125 feet above mean sea
level ("AMSC") for Planning Area 1 and a maximum height of 54 feet AGL; and 98 feet
above AMSL for Planning Area 2. These studies resulted in the FAA issuing a
Determination of No Hazard to Air Navigation.
4. The ALUC staff report further states the Project is not consistent with Section 2.1.3
(Building Height Restrictions) which states that the results of an aeronautical study
conducted by the FAA will be utilized to help determine if a structure will have an adverse
effect on the airport or on aeronautical operations."
The FAA conducted multiple aeronautical studies for the Project consistent with FAA Part
77 Regulations. The FAA issued a "Determination of No Hazard to Air Navigation" for
Planning Area 1 on July 29, 2020, and for Planning Area 2 on August 5, 2020; thereby
finding structures that do not exceed the maximum allowable height limits within the
PCDP would not exceed obstruction standards nor create a hazard to air navigation. The
FAA reviewed the following heights: 44 feet site elevation ("SE"); 85 feet AGL; and 129
feet AMSL for Planning Area 1; and 54 feet AGL and 98 feet AMSL for Planning Area 2.
The FAA further found that marking and lighting of the Project is not necessary for aviation
safety. The PCDP is consistent with the FAA's findings, as it has a maximum allowable
height of 85 feet AGL for Planning Area 1 and 54 feet AGL for Planning Area 2.
Resolution No. 2020-83
Page 9 of 10
Section 3: Environmental Impact Report Addendum No. ER2020-02 was
prepared for the Project in compliance with CEQA codified in California Public Resources
Code Section 21000 et seq., the State CEQA Guidelines, and City Council Policy K-3. On
the basis of the entire environmental review record, the Project will not result in any new
significant impacts that were not previously analyzed in the PEIR for the 2006 General
Plan Update (SCH No. 2006011119) or the SEIR for the 2014 General Plan Land Use
Element Update (SCH No. 2013101064). The potential impacts associated with this
Project would either be the same or less than those described in either the PEIR or SEIR
that have been appropriately mitigated. In addition, there are no substantial changes to
the circumstances under which the Project would be undertaken that would result in new
or more severe environmental impacts than previously addressed in either the PEIR or
SEIR, nor has any new information regarding the potential for new or more severe
significant environmental impacts been identified. In accordance with Section 15164 of
the CEQA Guidelines, the City Council adopted Resolution No. 2020-78, thereby adopting
an addendum to the previously adopted PEIR and SEIR. Resolution No. 2020-78,
including all findings contained therein, is hereby incorporated by reference.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2020-83
Page 10 of 10
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of September, 2020
ATTEST:
Leilani I. Brown
City Clerk
;;A
APPROVED AS TO FORM: °RN,
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Legal Description
Will O'Neill
Mayor
EXHIBIT "A"
Legal Description
ADDRESS
APN
LEGAL DESCRIPTION
4361 Birch Street,
427-121-23
THE LAND REFERRED TO HEREIN BELOW IS SITUATED
NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF
Newport Beach
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOTS 7, 8, 9 AND 10 OF TRACT NO. 5169, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190,
PAGES 11, 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
SAID LAND IS ALSO SHOWN AS PARCEL 1 ON LOT LINE
ADJUSTMENT 93-5, RECORDED DECEMBER 8, 1993 AS
INSTRUMENT NO. 93-0854901, OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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, AS
RESERVED IN THE GRANT DEED RECORDED APRIL 9, 1993 AS
INSTRUMENT NO. 93-0237996 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE GRANT DEED
ADDRESS
APN
LEGAL DESCRIPTION
RECORDED APRIL 9, 1993 AS INSTRUMENT NO. 93-0237996,
OFFICIAL RECORDS.
4540 Campus
427-111-03
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 18 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, 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, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE, AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
ADDRESS
APN
LEGAL DESCRIPTION
RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF
OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE
WESTERLY 12 FEET OF THE NORTHERLY 60 FEET OF LOT 17
OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11 THROUGH 13,
INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, AS SET FORTH IN THAT
CERTAIN DECLARATION OF ACCESS EASEMENT, RECORDED
JUNE 30, 1992 AS INSTRUMENT NO. 92-440213 OF OFFICIAL
RECORDS, UPON THE TERMS AND CONDITIONS AS THEREIN
PROVIDED
4340 Campus
427-121-07
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 29 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 TO 30 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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, AS
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-0085581 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
ADDRESS
APN
LEGAL DESCRIPTION
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-
0085581 OF OFFICIAL RECORDS
4400 Campus
427-121-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 31 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 130, PAGE(S) 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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, AS
RESERVED BY THE IRVINE COMPANY IN DEED RECORDED
DECEMBER 20, 1991 AS INSTRUMENT NO. 91-702340, OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
ADDRESS
APN
LEGAL DESCRIPTION
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED
RECORDED DECEMBER 20, 1991 AS INSTRUMENT NO. 91-
702340, OF OFFICIAL RECORDS
4570 Campus
427-111-04
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 17 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAND COUNTY.
EXCEPTING THEREFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE
PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET FROM THE PRESENT SURFACE
OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR,
THE EXPLORATION, DEVELOPMENT, PRODUCTION,
EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER FROM SAID LAND BY MEANS OF MINES, WELLS,
DERRICKS, OTHER EQUIPMENT FROM SURFACE LOCATIONS
ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE
OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD
THAT THE OWNER OF SUCH MINERALS, OIL GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
WATER AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO
ENTER UPON THE SAID LAND OR ANY PORTION THEREOF
ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE
PRESENT SURFACE OF TI EE SAID LAND FOR ANY PURPOSE
WHATSOEVER.
AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN
CORPORATION IN THE DEED RECORDED FEBRUARY 19, 1993
AS INSTRUMENT NO. 93-107963 OF OFFICIAL RECORDS.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692 AS AMENDED AND RESTATED IN AN
INSTRUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, BOTH OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3:
ADDRESS
APN
LEGAL DESCRIPTION
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENT. DATED JUNE 17, 1992, AND RECORDED JUNE 30,
1992 AS INSTRUMENT NO. 92- 440213 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
4341 Birch Street
427-121-14
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
LOT 6 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGES 11, 12 AND 13 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, 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, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED DECEMBER 31, 1991 AS INSTRUMENT NO. 91-
720058 OF OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
ADDRESS
APN
LEGAL DESCRIPTION
DECEMBER 31, 1991 AS INSTRUMENT NO. 91-720058 OF
OFFICIAL RECORDS. APN: 427-121-14
4500 and 4520
427-111-01,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Campus Drive
427-111-02
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
and 427-
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
121-10
CA
PARCEL 1 IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED
IN BOOK 60, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
4600 Campus
427-111-05
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 16 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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 ON THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY,
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-
107971, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER,
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
ADDRESS
APN
LEGAL DESCRIPTION
OR LEASED BY GRANTOR WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED
BY THE IRVINE COMPANY, RECORDED FEBRUARY 19, 1993 AS
INSTRUMENT NO. 93-107971, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AMENDED AND RESTATED
OR ACCESS EASEMENTS (MACARTHUR/CAMPUS)", DATED
MARCH 25, 1992, RECORDED APRIL 16, 1992 AS INSTRUMENT
NO. 92-247260, IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4360 Campus
427-121-08
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 30 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25, 26, 27, 28, 29 AND
30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY CALIFORNIA.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, 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, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED MARCH 15, 1994 AS INSTRUMENT NO, 94-0179376,
OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
ADDRESS
APN
LEGAL DESCRIPTION
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376, OFFICIAL
RECORDS.
4501 Birch Street
427-111-10
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Newport Beach,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
CA
PARCEL 1:
LOT 12 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190. PAGES 11 TO 13 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR. ACROSS THE
SUBSURFACE OF THE LAND, 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, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION,
RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-
015047, OFFICIAL RECORDS.
ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND
OWNED OR USED BY GRANTOR IN CONNECTION WITH OR
WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT
AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR
ADDRESS
APN
LEGAL DESCRIPTION
OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS
ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE
RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL,
PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY
OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE
OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE
IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED
JANUARY 10, 1992 AS INSTRUMENT NO. 92-015047, OFFICIAL
RECORDS.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS
OVER THAT PORTION OF LOT 13 OF TRACT NO. 5169, IN THE
CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES
11 TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT;
THENCE NORTH 290 52'01" WEST 327.33 FEET TO THE MOST
WESTERLY CORNER OF SAID LOT; THENCE NORTH 52'01'58"
EAST 24.24 FEETALONG THE NORTHWESTERLY LINE OF SAID
LOT TO THE NORTHWESTERLY PROLONGATION OF A LINE
PARALLEL WITH AND NORTHEASTERLY 24.00 FEET FROM
THE SOUTHWESTERLY LINE OF SAID LOT; THENCE SOUTH
290 52' 10" EAST 331.81 FEET ALONG SAID PROLONGATION,
SAID PARALLEL LINE AND THE SOUTHERLY PROLONGATION
THEREOF TO A POINT ON A CURVE IN THE SOUTHERLY LINE
OF SAID LOT, SAID CURVE BEING CONCAVE SOUTHERLY,
HAVING A RADIUS OF 272.00 FEET, A RADIAL TO SAID POINT
BEARS NORTH 240 48' 17" WEST; THENCE WESTERLY 24.03
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
50 03'44" OF THE POINT OF BEGINNING.
4630 Campus
427-111-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
PARCEL 1:
LOT 15 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 190, PAGES 11 TO 13 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
10
ADDRESS
APN
LEGAL DESCRIPTION
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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 OF THE
UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS
RESERVED IN THE DEED BY THE IRVINE COMPANY
RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-
107967, OFFICIAL RECORDS.
PARCEL 2:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "AM ENDED AND RESTATED
DECLARATION OF ACCESS EASEMENTS
(MACARTHUR/CAMPUS) DATED MARCH 25, 1992 RECORDED
APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, IN THE OFFICE
RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED " RECIPROCAL EASEMENT
AGREEMENT AND CONSENT" DATED OCTOBER 14, 1999
RECORDED NOVEMBER 19, 1999 AS INSTRUMENT NO.
19990805278, AND AMENDED BY THE CERTAIN DOCUMENT
ENTITLED "WAIVER AND AMENDMENT TO RECIPROCAL
EASEMENT AGREEMENT' DATED AUGUST 24, 2015
RECORDED AUGUST 28, 2015 AS INSTRUMENT NO.
2015000446662 IN THE OFFICE RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4525, 4533 and
427-111-09
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
4647 MacArthur
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
Boulevard
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
PARCEL 1:
CA
LOT 13 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 190, PAGE(S) 11 TO 13 INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING ANY AND ALL OIL, OIL RIGHTS, MINERALS,
MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM
ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER
11
ADDRESS
APN
LEGAL DESCRIPTION
THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFORE
AND STORING IN AND REMOVING THE SAME FROM THE LAND
OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK
OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS,
TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND, 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, AS RESERVED IN THE DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS
OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY
GRANTOR, AND OWNED OR USED BY GRANTOR IN
CONNECTION WITH OR WITH RESPECT TO THE LAND,
TOGETHER WITH THE RIGHT AND POWER TO EXPLORE,
DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE
LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER
RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED
OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS
SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE,
LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER,
ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN
THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN DEED
FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION
RECORDED APRIL 16, 1992.
PARCEL 2:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (MACARTHUR/CAMPUS)" DATED JANUARY 30,
1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT
NO. 92-101692, OFFICIAL RECORDS AND AMENDED BY
DOCUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO.
92-247260, OFFICIAL RECORDS, IN THE OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3:
NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT
CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS
EASEMENTS (BIRCH/MACARTHUR)" DATED JANUARY 30, 1992
AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-
101691 OFFICIAL RECORDS AND AMENDED BY DOCUMENT
RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247259
12
ADDRESS
APN
LEGAL DESCRIPTION
OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
4320 Campus
427-121-06
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
Drive
CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Newport Beach,
CA
LOT 28 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 130, PAGES 25 THROUGH 30,
INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND
OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES
AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND,
TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING,
MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN
THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS
AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE
OF THE LAND, 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, AS
RESERVED BY THE IRVINE COMPANY, A MICHIGAN
CORPORATION, BY DEED RECORDED MAY 6, 1994 AS
INSTRUMENT NO. 94-317183 OF OFFICIAL RECORDS.
13
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-83, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 22nd day of September, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Diane Dixon, Council
Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon
NAYS: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 231d day of September, 2020.
Leil'ani I. Brown �,' F
City Clerk
Newport Beach, California