HomeMy WebLinkAbout2012-16 - Approving Code Amendment No. CA2008-004 to Rezone the Portion of Newport Banning Ranch Site Currently Within the Incorporated Boundary of the City from Planned Community PC-25 to Planned Community PC-5 and Prezone those Portions of the Site LocaORDINANCE NO. 2012 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING CODE
AMENDMENT NO. CA2008 -004 TO REZONE THE
PORTION OF NEWPORT BANNING RANCH SITE
CURRENTLY WITHIN THE INCORPORATED
BOUNDARY OF THE CITY FROM PLANNED
COMMUNITY PC -25 TO PLANNED COMMUNITY PC-
57 AND PREZONE THOSE PORTIONS OF THE SITE
LOCATED WITHIN THE CITY'S SPHERE OF
INFLUENCE FROM COUNTY ZONING TO PC -57 AND
APPROVING PLANNED COMMUNITY
DEVELOPMENT PLAN NO. PC2008 -002 FOR THE
PROJECT SITE
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Banning Ranch, LLC, with respect to a 401- gross -
acre property generally located north of West Coast Highway, south of 19th Street,
and east of the Santa Ana River, requesting approval of a planned community for
development of 1,375 residential dwelling units, a 75 -room resort inn and ancillary
resort uses, 75,000 square feet of commercial uses, approximately 51.4 gross acres of
parklands, and the preservation of approximately gross 252.3 gross acres of
permanent open space ('Project').
2. Approximately 40 acres of the Project is located in the City of Newport Beach, and
approximately 361 acres of the Project is located under the jurisdiction of the County of
Orange. The City intends to annex that portion of the subject property currently within
the County of Orange.
3. The subject property is located within the City of Newport Beach Planned Community
(PC -25) Zoning District and the County of Orange Zoning Suburban Multi- family
Residential (R-4), Local Business Commercial (C -1), Light Industrial (M -1) with Oil
Production (0), Sign Restriction (SR), and Floodplain Zone (FP -2) Overlays.
4. The City of Newport Beach General Plan Land Use Element category is Open
Space /Residential Village (OS /RV).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
(CLUP) designates this property as a Deferred Certification Area; therefore, the policies
of the CLUP do not govern the development of the project site.
6. The Project includes a code amendment to rezone the portion of the project site
currently within the incorporated boundary of the City from Planned Community (PC-
City Council Ordinance No. 2012 -16
Page 2 of 5
25) to Planned Community (PC -57) and prezone those portions of the project site
located within the City's Sphere of Influence from County zoning to PC -57.
7. The Project also includes a planned community development plan that would establish
the allowable land uses, general development regulations, and implementation and
administrative procedures, which would serve as zoning for the Project site.
8. The Planning Commission held study sessions on the Project on January 19, 2012,
February 9, 2012, February 23, 2012, and March 8, 2012, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California.
9. The Planning Commission held public hearings on the Project on March 22, 2012, April
19, 2012, and June 21, 2012, in the City Hall Council Chambers, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of these
meetings was given in accordance with the Newport Beach Municipal Code and
Government Code Sections 65090 and 65091. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
10. At the June 21, 2012, public hearing with a vote of 6 -0, the Planning Commission
adopted Resolution No. 2012 -1880, recommending to the City Council approval of
Code Amendment CA2008 -004 and Planned Community Development Plan No. 2008-
002.
11. The City Council held a public hearing on the Project on July 23, 2012, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of these meetings was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this meeting.
SECTION 2. FINDINGS.
1. Code amendments are legislative acts. Neither the City nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
2. The proposed Planning Community (PC -57) District and Newport Banning Ranch
Planned Community Development Plan (NBR -PC) are consistent with the City's
General Plan, including General Plan Land Use Element Open Space /Residential
Village (OS /RV) designation, which permits the development of a planned residential
community that integrates a mix of single - family detached, single- family attached, two
family, and /or multi - family residential, with supporting schools, parks, community
services, local- serving convenience commercial uses and services, and open spaces.
The NBR -PC requires a City- approved master development plan to depict the uses,
street and infrastructure improvements, open spaces, development standards, design
guidelines, and financial plan.
City Council Ordinance No. 2012 -16
Paae 3 of 5
3. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Goal LU 6.4 as the development plan provides for a residential community with
supporting uses that provide revenue to restore and protect important habitats.
4. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.5.1, LU 6.5.2, and LU 6.5.3 as the development plan provides for the
consolidation of the existing oil operations into two areas totaling approximately 16.5
acres, approximately 18 acres or community parkland, and a habitat restoration plan
describing habitat areas and methods or plans for habitat preservation and restoration.
5. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.4.2, LU 6.4.3, and LU 6.4.4 as the development plan allows a mix of up to
1,375 single - family and multi - family dwelling units; up to 75,000 square feet of
neighborhood retail uses; and visitor accommodations with up to 75 guest rooms.
6. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policies LU 6.4.5, LU 6.4.6, and LU 6.4.7 as the development plan provides
community cohesion and neighborhood identity; a system of local residential streets
with the villages and colonies connected by arterials; a system of trails linking
residential, mixed -use, resort, parkland, and open space areas; and protection of
bluffs, arroyos, and other significant landforms.
7. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.4.8 as the development plan provides for a 252.3- acre -open space
preserve, 21 acres of bluff top parks, and approximately 18 acres of community
parkland.
8. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.4.9 as the development plan provides a roadway plan linking Coast
Highway with Newport Boulevard to relieve congestion at Superior Avenue.
9. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.4.10 as the development plan provides for a mix of uses and housing
opportunities and a sustainable and green community that provides the benefits of
promoting energy efficiency and resource conservation that will combine to reduce
greenhouse gas emissions.
10. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.4.11 as the development plan requires a City- approved master
development plan to depict the uses, street and infrastructure improvements, open
spaces, development standards, design guidelines, processes for oil operations
consolidation, habitat preservation and restoration plan, sustainability practices plan,
and financial plan.
11. The proposed PC -57 District and the NBR -PC are consistent with Land Use Element
Policy LU 6.5.1, LU 6.5.2, and LU 6.5.3 as the development plan provides for the
consolidation of the existing oil operations into two areas totaling approximately 16.5
City Council Ordinance No. 2012 -16
Paqe 4 of 5
acres, the abandonment, closing, and remediation of the oil operation sites,
approximately 18 acres or community parkland, and a habitat restoration plan
describing habitat areas and methods or plans for habitat preservation and restoration.
12. The Newport Banning Ranch Final Environmental Impact Report (SCH No.
2009031061) was prepared for the Project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3. By Resolution No. 2012 -58, the City Council, having final approval authority
over the Project, adopted and certified as complete and adequate the Newport Banning
Ranch Final Environmental Impact Report (SCH No. 2009031061), and adopted
"Findings and Facts in Support of Findings for the Newport Banning Ranch Project
Final Environmental Impact Report, Newport Beach, California" ( "CEQA Findings ") and
a Statement of Overriding Considerations, which CEQA Findings and Statement of
Overriding Considerations was adopted and incorporated herein by reference.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. Planned Community Development Plan PC2008 -002 is hereby approved as contained in
Exhibit A, attached hereto and incorporated by reference.
2. Code Amendment CA2008 -004 is hereby approved.
3. The portion of the subject property currently located within unincorporated Orange
County and within the City's Sphere of Influence shall be prezoned to Planned
Community (PC -57).
4. The Zoning Map shall be amended as provided in Exhibit B attached hereto and
incorporated by reference to change the zoning district of the subject property legally
described in Exhibit C, attached hereto and incorporated by reference, from PC -25 and
the County of Orange Zoning Suburban Multi- family Residential (R-4), Local Business
Commercial (C -1), Light Industrial (M -1) with Oil Production (0), Sign Restriction (SR),
and Floodplain Zone (FP -2) Overlays to PC -57 with all other provisions of the existing
Zoning Map remaining unchanged.
5. If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause
or phrase hereof, irrespective of the fact that anyone or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be published once in the official newspaper of the
City, and it shall not become effective until:
City Council Ordinance No. 2012 -16
Paqe 5 of 5
a. The California Coastal Commission approves a coastal development permit for
the Project; and
The Orange County Transportation Authority Board of Directors approves the
associated amendment to the Master Plan of Arterial Highways and subsequent
action is taken to adopt the amendment by the City Council; and
C. The effective date of the annexation to the City of those portions of the Project site
currently under the jurisdiction of the County.
This Ordinance was introduced at a special meeting of the City Council of the City of Newport
Beach held on the 23rd of July, 2012, and adopted on the 14th day of August, 2012, by the
following vote, to wit:
AYES, COUNCIL MEMBERS Henn, Rosansky, Daigle, Selich, Gardner, Curry
NOES, COUNCIL MEMBERS None
RECUSED, COUNCIL MEMBERS Hill
APPROVED AS TO FORM,
OFFICE OF THE CITY ATTORNEY
u
CITY CLERK "1wI tL
Aaron Harp, City Attorney
for the City of Newport Beach
Exhibit A
NBR Planned Community Development Plan Revisions and Errata
Page 2 -2
Revise Section 2.2.1.3 as follows:
2.2.1 Planned Community Districts
3. Visitor- Serving Resort/Residential District, to allow for a maximum 75 -room resort inn to
include ancillary uses such as restaurants, and spas, fitness centers, meeting and banquet
facilities, retail shops, and other similar complementary visitor - serving commercial uses or free
standing visitor serving retail uses without a resort inn component. Bars and cocktail lounges
restaurant, inn, or hotel. This district also allows for resort- oriented residential units of up to 40.0
dwelling units per gross acre if developed in conjunction with the resort inn. In the event a
resort inn is not developed this land use district allows the development of residential land uses
of up to 9.0 dwelling units per gross acre within the entire district, with or without visitor - serving
commercial uses or visitor serving commercial uses alone.
5. Mixed- Use /Residential District, to allow for the mixed use development of residential
uses of up to 40.0 dwelling units per gross acre and a maximum of 75,000 square feet of
neighborhood serving commercial uses as vertical mixed use with commercial uses on the
ground floor and residential above, or as horizontal mixed use with commercial uses and
residential uses in separate buildings designed as a cohesive and unified development. The
residential component of mixed use development may include residential single family attached
or multi - family residential dwelling units and ancillary private recreational facilities to serve the
residents of the development. The neighborhood serving commercial component of mixed use
development may include a grocery market (s), restaurants, personal services, and professional
offices. Other allowable uses in the Mixed Use /Residential District include hotels and inns
Page 2 -4
Change the acreage assigned to Community Park as follows:
2.4.1 Community Park District (CP)
Approximately 26.8 gross acres designated as CP shall be developed as a public Community
Park as part of the Project. Approximately 21.8 gross acres of the CP district comprising the
public Community Park shall be offered for dedication to the City to serve the active recreational
needs of the Project residents and the community at large. The remaining approximately 5.0
gross acres of the CP district comprising the public Community Park shall be privately
maintained by the Proiect and made permanently available for public use through a deed
restriction and /or recorded public easement.
Page 2 -5
Add the following text to Section 2.5, Visitor Serving Resort/Residential District (VSR/R), first
paragraph as follows:
The purpose of the Visitor - Serving Resort/Residential District is to designate approximately
11.3 gross acres to allow for development of a resort inn and resort oriented residential uses
within the NBR -PC. In the event a resort inn is not developed in this land use district pursuant
to NBR -PC Sections 4.4.4 "Findings for Approval of a Master Development Plan." or 4.5.3 (Site
Development Review) "Application Review," the NBR -PC allows for development of residential
uses and /or visitor serving commercial uses within the land use district subject to the provisions
of NBR -PC Section 4.18.1x. "Transfer of Residential Dwelling Units."
Page 2 -5
Revise Section 2.5.1 as follows:
2.1. Resort Inn and Resort Oriented Residential Uses
A resort inn of up to with a maximum of 75 overnight accommodations (guest rooms) with a
lobby and related guest areas, along with support commercial uses ancillary to a resort, such
as, restaurant(s), and bats gift and sundry shops, business center(s), fitness center(s),
spa /salon /treatment rooms, swimming pools and recreation facilities, banquet and meeting
rooms, areas for food and beverage preparation, administrative offices, housekeeping areas,
maintenance areas, and employee facilities. Ancillary commercial uses are those uses
customary and pr000rtional to the resort. Visitor serving Commercial uses included as part 0
ancillary to resort inn development shall not be counted as part of the maximum 75,000 square
feet of commercial area permitted within the NBR -PC.
Page 2 -5
Add the following text to Section 2.5.3 referencing the NBR -PC provisions for transfer of
residential dwelling units into the VSR/R district as follows:
2. Residential Uses
t: 04G In the event a resort inn is not developed in the VSR /R district, pursuant to NBR -PC
Sections 4.4.4 "Findings for Approval of a Master Development Plan," or 4.5.3 (Site
Development Review) "Application Review." development of a maximum of 100 conventionally -
owned residential dwelling units is allowed pursuant to the provisions Section 4.18. "Transfer of
Residential Dwelling Units," of the NBR- PC.-in the eveRt a •^^ ^h'^^ IS Rat developed in t -
� cow R diSt.; , These residential dwelling units shall be counted as part of the maximum 1,375
residential dwelling units permitted within the NBR -PC. An application for Site Development
Review for residential development within the entire VSR, /R district shall not be permitted to be
submitted any earlier than two years from the effective date of an approved Development
Agreement for the Project Site.
Page 2 -5
Add the following text to Section 2.5.4 referencing the NBR -PC provisions allowing for transfer
of visitor serving commercial uses to the VSR /R district and - delete clari "bars" as a visitor
serving commercial use:
3. Visitor Serving Commercial Uses
In the event a resort inn is not developed in the VSR /R district pursuant to NBR -PC Sections
4.4.4 "Findings for Aooroval of a Master Develooment Plan." or 4.5.3 (Site Development
Review) "Application Review, ", development of visitor - serving commercial uses independent of
a resort use inn sask as, to include but not limited to restaurant(s)_ and bats; gift and sundry
shops, business centers, fitness centers, spas and salons, swimming pools and recreation
facilities and similar uses are permitted subject to the provisions of Section 4.19, "Transfer of
Commercial Area from MU /R District to VSR /R District." of the NBR -PC. Bar and cocktail
lounges shall- be permitted only when ancillary to a restaurant. T-his4ype -e# All visitor serving
commercial use developed independently of a resort inn shall be counted as part of the
maximum 75,000 square feet of commercial area permitted within the NBR -PC.
Page 3 -1, Add the following text to the last sentence of the second paragraph of Section 3.2.1,
"Oil Operations," as follows:
All surface oil production facilities located in areas outside of the OF District in existence after
the effective date of the NBR -PC shall be legal non - conforming structures, aPA subject to NBMC
Chapter 20.38, "Nonconforming Uses and Structures,"
NSAAG Sections 20.38.010 through 20.38.050 ef-Chapter 29.39 and may continue for a
maximum period of ten years following completion of annexation of the unincorporated County
areas of the Proiect Site to the City .
Page 3 -3
Add the following requirement:
Retaining walls over 8 feet in height shall incorporate strategies to visually soften and /or
minimize their appearance from public views. Strategies for visual softening may include the
use of stepped retaining walls, the use of crib walls, and /or landscape screening.
Page 3 -4
Delete the following text from Section 3.3 Landscape Regulations: WithiR the PFejeGt Site shall be subjeGt te approval ef a Site DevelepmeRt
Revie�4l, to DeveiGPFRent- Review-
Page 3 -12
Revise Section 3.9.7, "Legal Non - Conforming Uses, "as follows:
3.9.7 Legal Non- Conforming Uses
Any use within the Project Site lawfully existing at the time of the effective date of the NBR -PC
including, without limitation, surface and subsurface oil and natural gas production operations,
maintenance and operation of existing easements and pipelines, surface leases for storage
yards, and other oil- related buildings, structures, and maintenance areas shall be considered
legal non- conforming uses and may be continued subject to NBMC Chapter 20.38.010 through
20.38.050, "Nonconforming Uses and Structures," for up to ten years following the completion of
annexation of areas located in the unincorporated County to the City, notwithstanding any
omission of a particular such use in Table 3 -1, "Allowable Uses."
not peFFRitted to be e)(Pand8d.
Pages 3 -14 and 3 -15
Revise Table 3 -1, Allowable Uses as follows:
1. Delete Bars and Nightclubs
2. Add Bars and cocktail lounges when ancillary to a hotel, resort inn, or restaurant as
conditionally permitted in VSR /R and MU /R.
3. Delete Breweries, micro as a- seadltie .
4. Delete Residential Care Facilities 6 or fewer unlicensed as a conditionally permitted use
in the RL, RUM and RM districts.
5. Delete "Eating and drinking establishments sit down dining" and "Eating and drinking
establishments, sit down dining no alcohol service'.
6. Add `Restaurants with alcoholic beverage service and /or live entertainment' as
conditionally permitted.
7. Add "Restaurants" as permitted.
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Page 4 -5
Revise Section 4.4.6, 'Requirement for Site Development Review" as follows:
4.4.6 Development Activities Pursuant to Approved MDP and Recordation of Final Map
4.4.6.1 Activities Subject to Community Park Improvement Plan Approval
The following development activities are permitted pursuant to approval of the MDP for the
Project Site subject to recordation of a final subdivision map approval of a Community Park
Improvement Plan. and aooroval of all required permits from local, State (including Coastal
Commission), and Federal agencies
1. Construction of public park and recreational facilities in the CP district that are to be
offered for dedication to the City.
4.4.6.2 Activities Subiect to eF Site Development Review Approval
The following development activities are permitted pursuant to approval of the MDP for the
Project Site subject to recordation of a final subdivision map, City approval of Site Development
Review, as described in Section 4.5, "Site Development Review," of the NBR -PC, , and
approval of all required permits from local, State (including Coastal Commission), and Federal
agencies:
1. Development of land uses within the Residential Districts, Visitor Serving Resort and
Residential District, Mixed Use and Residential District, P@Fk and ReGF,a fiem DistF, «
Bluff Park District, Interpretive Park District, and areas of the Community Park District
not offered for public dedication.
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Page 4 -7
Add a new Section 4.6, Community Park Improvement Plan, and renumber subsequent sections
accordingly.
4.6 Community Park Improvement Plan
4.6.1 Purpose and Intent
The purpose of a Community Park Improvement Plan is to provide for the review of specific
park design prior to construction of public park and recreational facilities within areas of the
CP district that are to be offered for public dedication.
4.6.2 AnDlicabilit
Approval by the City of a Community Park Improvement Plan is required as described in
Section 4.4.6 "Development Activities pursuant to Approved MDP and Recordation of Final
Map' prior to any construction activity within the portion of the CP District to be offered for
dedication to the City.
4.6.3 Review and Approval
A Community Park Improvement Plan shall include, a comprehensive site plan for the
community park, floor plans and elevations for any community facility buildings and
restrooms, landscape and irrigation plans, lighting plans, plans for play fields and passive
recreation areas, parking layout, and other public facilities to be located within the
Community Park, grading plans, infrastructure improvement plans, and any other
Page 4 -8
Revise the last paragraph in Section 4.8 "Coastal Development Permit ," as follows:
When any CDP(s) or MCDP is approved by the Coastal Commission that varies from the
approval granted by the City for the same application, be
nestibrai }l Pd a^,d ty. as a new-applisatiea. the applicant shall submit a request
for determination of substantial conformance to the Director. The Director has the authority to
refer any request for substantial conformance to the City Council for consideration and final
action on the request.
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Page 4 -14 through 4 -17
Delete Section 4.16," Land Use Acreage Refinement, Transfer of Residential Dwelling Units,
and Transfer of Commercial Area," Delete Section 4.17, "Minor Modifications," as follows
�- -
- - - - -- - - - - - - -- - - -- -- - - -- - --
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Page 4 -14
Add a new Section 4.17, "Substantial Conformance," as follows:
4.17 Substantial Conformance
Changes in the Land Use District boundary lines as illustrated on Exhibit 2 -1. "Planned
Community Development Plan," and a corresponding change in the Gross Acres for the
respective Land Use District as described on Exhibit 2 -2, "Planned Community Development
Table," as part of the approval of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site, is considered to be in substantial
conformance with the NBR -PC provided the change complies with the following:
1. Any resulting increase in gross acres or gross density is no more than fifteen percent
(15 %) of the land use district for which the change is requested:
2. There is no resulting reduction in the total area designated as Open Space District:
3. There is no resulting reduction in the total area allocated to the Public Parks /Recreation
District: and
4. The total area within the Project Site boundary does not exceed 401.1 gross acres.
Page 4 -15
Add a new Section 4.18, "Transfer of Residential Dwelling Units," as follows:
4.18 Transfer of Residential Dwelling Units
4.18.1 General Requirements
A request for a change in the planned number of residential dwelling units for any Land Use
District as described on Exhibit 2 -2. "Planned Community Development Table." resulting from a
transfer of residential dwelling units from one Residential Land Use District to another, may be
approved as part of the review of either a Master Development Plan, Site Development Review,
or subdivision map application submitted for the Project Site provided the requested change
complies with the following:
1. The requested transfer does not result in an increase of more than fifteen percent (15 %) in
the total number of planned dwelling units described on Exhibit 2 -2, "Planned Community
Development Table," for the Land Use District receiving additional dwelling units:
2. The total number of dwelling units for the Project Site does not exceed 1.375:
3. All dwelling units planned within the Land Use District can be developed pursuant to the
applicable development regulations established in NBR -PC Chapter 3, "Land Use and
Development Regulations," for the residential land use planned for development:
4. A traffic analysis performed by the City's Traffic Engineer evaluating the total number of PM
unless the Traffic Engineer determines that other rates are more valid for the uses involved
in the transfer.
5. The total number of dwelling units within the MU /R Land Use District does not exceed 730:
6. A corresponding subdivision map is approved by the City if the transfer results in a change
to any previously approved subdivision map.
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4.18.32 Review Requirements
1. A request to transfer residential dwelling units shall be subject to the following requirements:
a. The request for a transfer of residential dwelling units from one land use district to
another shall be submitted as part of an application for approval of either a Master
Development Plan for the Project Site or as part of an application for approval of a
subdivision map or a Site Development Review;
b. The request for a transfer of residential dwelling units from one land use district to
another shall be accompanied by a revised Planned Community Development Table
reflecting the oroposed changes and any additional background and /or supporting
information as determined necessary by the Director. Unless determined otherwise by
the City, the revised NBR -PC document shall serve as the reference document for any
future revisions to Exhibit 2 -1, "Planned Community Development Plan." and Exhibit 2 -2,
"Planned Community Development Table." as they may be approved from time to time.
Such revisions shall be located in an appendix to the NBR -PC.
Page 4 -16
Add a new Section 4.19, "Transfer of Commercial Area from MU /R to VSR /R," as follows:
4.19 Transfer of Commercial Area from MU /R District to VSR /R District
4.19.1 General Requirements
In the event a resort inn is not developed in the VSR/R District, a request to transfer a portion of
the total commercial area as described in Exhibit 2 -2, "Planned Community Development
Table," from the MU /R District to the VSR /R District for development of ancillary visitor - serving
commercial uses such as restaurants visitor and tourist oriented retail shops, a fitness facility, a
full service health spa, park and recreation facilities, and similar uses may be approved as part
of the review of either a Master Development Plan, Site Development Review, or subdivision
map application submitted for the Project Site, provided:
The total area of commercial uses developed within the Project Site does not exceed
75.000 square feet.
A traffic analysis performed by the City's Traffic Engineer evaluating the total number of PM
peak hour trips that would be generated by development allowed with and without the
transfer concludes that there would not be any greater traffic impact generated as a result
of the transfer than would be generated without the transfer. Trip generation rates shall be
based on standard trip generation values in the current version of ITE's "Trip Generation,"
unless the Traffic Engineer determines that other rates are more valid for the uses involved
in the transfer. The visitor serving commercial uses can be developed pursuant to the
applicable development regulations established in NBR -PC Chapter 3. "Land Use and
Development Regulations." for commercial development within in the VSR /R land use
district.
3. All commercial uses planned for development within the VSR /R district can be developed
pursuant to the applicable development regulations established in NBR -PC Chapter 3,
"Land Use and Development Regulations." for the type of commercial use planned for
development.
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4.19.32 Review Requirements
A request for transfer of commercial square footage from the MU /R District to the VSR/R District
shall be subject to the following requirements.
a. The request shall be submitted as part of an application for approval of either a Master
Development Plan for the Project Site or as part of an application for approval of a
subdivision map or a Site Development Review;
Page 4 -17
Add a new Section 4.20, "Transfer of Commercial Area from MU /R District to RUM or RM
District," as follows:
4.20 Transfer of Commercial Area from MU /R District to RUM or RM District
A request to transfer a maximum of 2.500 square feet of commercial square footage to either
the RUM or RM district may be approved as part of the review of a Site Development Review or
subdivision map application submitted for the Project Site, in accordance with the following
provisions:
1. The requested transfer is for the development of convenience commercial uses to serve
the residential community.
2. Approval of the requested transfer of square footage to either the RUM or RM district is
a one -time allowable transfer and no additional transfers may be approved for any other
residential district.
3. The total area of commercial uses developed within the Project Site does not exceed
75,000 square feet.
4. The commercial uses planned for development within either the RUM or RM district
can be developed pursuant to the applicable development regulations established in
Section 3.14. "Commercial Regulations," of the NBR -PC.
A request for transfer of commercial square footage from the MU /R District to the RUM or RM
District shall be subject to the following requirements.
a. The request shall be submitted as part of an application for approval of either a
subdivision map or a Site Development Review.
b. The request shall be accompanied by a revised Planned Community Development
Table reflecting the proposed changes and any additional background and /or supporting
information as determined necessary by the Director. Unless determined otherwise by
the City, the revised NBR -PC document shall serve as the reference document for any
future revisions to Exhibit 2 -1. "Planned Community Development Plan," and Exhibit 2 -2.
"Planned Community Development Table." as they may be approved from time to time.
Such revisions shall be located in an appendix to the NBR -PC.
Page 4 -17, Renumber Section 4 -18 to Section 4 -20 and revise text as follows:
4:14 20 Amendments
All proposed changes to the NBR -PC other than those identified in Section ^.'r v, " ""' "M Vaf
MedifisaEieas= 4.18, "Transfer of Residential Dwelling Units. Section 4.19. "Transfer of
Commercial Area from MU /R to VSR /R District," and /or Section 4.20 "Transfer of Commercial
Area from MU /R to RUM or R/M District." of the NBR -PC, or as otherwise provided for within the
NBR -PC, shall be considered amendments to the NBR -PC and shall be reviewed pursuant to
the provisions of NBMC Chapter 20.56.050 "Planned Community District Application
Procedures."
Chapter 5 — Definitions
Add the following new definitions to Chapter 5:
Restaurants: Establishments principally engaged in serving prepared food or beverages for
consumption on or off the premises.
Bars and Cocktail Lounges: Establishments licensed by the California Department of Alcohol
Beverage Control and principally engaged in selling or serving alcoholic beverages for
consumption on the premises and with all of the following characteristics:
1. Is ancillary to a primary use such as a restaurant, resort, inn, hotel, or other visitor
accommodation as defined in the NBMC, and is limited in area to no more than thirty
percent (30 %) of the floor area of the primary use.
2. Provides an area for sales, service, and consumption of alcoholic beverages that is
operated during the same hours as the primary use.
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EXHIBIT C
Legal Description
Real property in the unincorporated area of the County of Orange, State of California, described as follows:
PARCEL 1:
A PORTION OF LOTS "B ", "C" AND "D ", ALL IN THE BANNING TRACT, AS SHOWN ON A MAP OF
SAID TRACT FILED IN THE CASE OF HANCOCK BANNING AND OTHERS VS. MARY H. BANNING,
FOR PARTITION, BEING CASE NO. 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR
COURT OF LOS ANGELES COUNTY, CALIFORNIA, AND A PORTION OF RANCHO SANTIAGO DE
SANTA ANA, DESCRIBED IN BOOK 3, PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN LOTS "A" AND "B" OF SAID
BANNING TRACT, WHICH POINT IS THE POINT OF INTERSECTION OF THE CENTER LINE OF
NINETEENTH STREET AND THE NORTHWESTERLY LINE OF THE FIRST ADDmON TO THE
NEWPORT MESA TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89
DEGREES 26'55" WEST ALONG THE NORTHERLY LINE OF SAID LOT "B ", 3315.29 FEET TO THE
NORTHWESTERLY CORNER OF LOT "B" OF SAID BANNING TRACT; THENCE SOUTHERLY ALONG
THE WESTERLY BOUNDARY LINE OF LOT "B" OF SAID BANNING TRACT, THE FOLLOWING
COURSES AND DISTANCES: SOUTH 1 DEGREE 45' WEST 462.00 FEET; THENCE SOUTH 34
DEGREES IS' WEST 462.95 FEET; THENCE SOUTH 6 DEGREES IS' EAST 1058.48 FEET; THENCE
SOUTH 19 DEGREES 45' WEST 529.21 FEET; THENCE SOUTH 34 DEGREES 30' WEST 463.08
FEET; THENCE SOUTH 42 DEGREES 45' WEST 397.00 FEET; THENCE SOUTH 4 DEGREES 45'
WEST 462.00 FEET; THENCE SOUTH 21 DEGREES IS' WEST 198.50 FEET TO THE SOUTHWEST
CORNER OF LOT "B ", AS SHOWN ON SAID MAP OF THE BANNING TRACT, WHICH CORNER IS
ALSO STATION NO. 149 OF THE BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, AS
DESCRIBED IN BOOK 3, PAGE 387 OF PATENTS, RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA; THENCE SOUTH 72 DEGREES 51'36" EAST 807,47 FEET TO A POINT WHICH
BEARS NORTH 20 DEGREES 32'44" EAST 606.79 FEET FROM THE POINT OF INTERSECTION OF
THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON THE MAP FILED IN AND
ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING JR. VS. SMITH AND OTHERS,
BEING CASE N0, 22797 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
ORANGE COUNTY, A COPY OF THE JUDGMENT OF SAID CASE NO. 22797 HAVING BEEN
RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS, WITH THE
SOUTHEASTERLY LINE OF SUMMIT STREET, 30 FEET IN WIDTH, AS SHOWN ON A MAP OF EL
MORO TRACT RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY, NORTHEASTERLY AND SOUTHEASTERLY,
PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 600.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND
DISTANCES: SOUTH 78 DEGREES 02' EAST 486.60 FEET; THENCE SOUTH 66 DEGREES 42,20"
EAST 517.33 FEET; THENCE NORTH 20 DEGREES 06' IS" EAST 539.49 FEET; THENCE NORTH 51
DEGREES 48' EAST 405.76 FEET; THENCE NORTH 74 DEGREES 07' EAST 722.86 FEET; THENCE
SOUTH 45 DEGREES 20'28" EAST 740.97 FEET; THENCE SOUTH 27 DEGREES 46' EAST 496.37
FEET; THENCE SOUTH 13 DEGREES 3540" EAST 820.19 FEET; THENCE SOUTH 1 DEGREE 38'
25" WEST 871.22 FEET TO A POINT IN A LINE 600.00 FEET NORTHERLY OF AND PARALLEL
WITH THE NORTHERLY LINE OF THE 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE
HIGHWAY, AS DESCRIBED IN DEED RECORDED APRIL 20, 1936 IN BOOK 822, PAGE 48 OF
OFFICIAL RECORDS; THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHERLY AND
NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY, THE FOLLOWING COURSES
AND DISTANCES: THENCE SOUTH 83 DEGREES 18' EAST 328.62 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 1650.00 FEET AND TANGENT TO THE LAST MENTIONED
COURSE, A DISTANCE OF 500.12 FEET; THENCE SOUTH 65 DEGREES 56' EAST, TANGENT TO
SAID CURVE, 667.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
1650.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 48.34 FEET
TO A POINT IN THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF WHINER
AVENUE (60 FEET IN WIDTH), AS SHOWN ON A MAP OF THE NEWPORT MESA TRACT
RECORDED IN BOOK 5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, A RADIAL LINE FROM SAID POINT BEARS SOUTH 25 DEGREES 44'43" WEST;
THENCE NORTH 0 DEGREES 36'01" WEST ALONG THE SAID PROLONGATION OF WHIMER
AVENUE, 3061.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID FIRST ADDITION
EXHIBIT C
Legal Description
TO NEWPORT MESA TRACT; THENCE NORTH 29 DEGREES 24'45" WEST ALONG THE
SOUTHWESTERLY LINE OF SAID FIRST ADDITION TO THE NEWPORT MESA TRACT, 2706.70
FEET TO THE MOST WESTERLY CORNER OF SAID FIRST ADDITION TO THE NEWPORT MESA
TRACT; THENCE NORTH 19 DEGREES 01'55" EAST ALONG THE NORTHWESTERLY LINE OF THE
LAST MENTIONED TRACT, 1065.62 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF LOT "B" OF SAID BANNING TRACT DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF THE 300 -FOOT STRIP OF LAND
FOR SANTA ANA RIVER CHANNEL, AS DESCRIBED IN THE DEED TO THE NEWBERT
PROTECTION DISTRICT, RECORDED JUNE 22, 1911 IN BOOK 197, PAGE 300 OF DEEDS,
ORANGE COUNTY, WHICH POINT IS NORTH 71 DEGREES 20' EAST 510.47 FEET FROM THE
SOUTHWEST CORNER OF SAID LOT "B ", WHICH LAST MENTIONED CORNER IS ALSO STATION
149 OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 13 DEGREES 25' EAST ALONG
THE EASTERLY LINE OF SAID 300 -FOOT STRIP OF LAND, 660 FEET; THENCE SOUTH 76
DEGREES 35' EAST 660 FEET; THENCE SOUTH 13 DEGREES 25 WEST 660 FEET; THENCE
NORTH 76 DEGREES 35' WEST 660 FEET TO THE POINT OF BEGINNING, AS CONDEMNED BY
THE CITY OF NEWPORT BEACH IN THE ACTION ENTITLED "CITY OF NEWPORT BEACH, A
MUNICIPAL CORPORATION, PLAINTIFF VS. TOWNSEND LAND COMPANY AND OTHERS,
DEFENDANTS ", BEING CASE NO. 34747 OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR ORANGE COUNTY, A CERTIFIED Copy OF THE FINAL JUDGMENT
HAVING BEEN RECORDED AUGUST 20, 1937 IN BOOK 910, PAGE 19 OF OFFICIAL RECORDS OF
ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF LOT "B" IN SAID BANNING TRACT
CONVEYED BY THE TOWNSEND LAND COMPANY TO THE NEWBERT PROTECTION DISTRICT
FOR A RIVER CHANNEL, 300 FEET WIDE, BY DEED RECORDED JUNE 22, 1911 IN BOOK 197,
PAGE 300 OF DEEDS, ORANGE COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT "B" OF THE BANNING
TRACT, SOUTH 84 DEGREES 45' EAST 135.84 FEET DISTANT FROM THE SOUTHWESTERLY
CORNER OF SAID LOT "B ", WHICH CORNER IS ALSO STATION 149 OF THE RANCHO SANTIAGO
DE SANTA ANA; THENCE NORTH 13 DEGREES 25 EAST ALONG THE WESTERLY SIDE OF SAID
300 -FOOT RIGHT OF WAY, 946.75 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT "B ";
THENCE ALONG THE WESTERLY LINE OF SAID LOT "B ", NORTH 42 DEGREES 45' EAST 38.70
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE NORTH 34 DEGREES 30' EAST 462.00
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE NORTH 19 DEGREES 45' EAST 528.00
FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE STILL ALONG SAID WESTERLY LINE,
NORTH 6 DEGREES 15 WEST 723.17 FEET TO A POINT IN THE WESTERLY LINE OF SAID 300 -
FOOT RIGHT OF WAY; THENCE NORTH 13 DEGREES 25 EAST ALONG THE WESTERLY LINE OF SAID RIGHT
OF WAY, 607.27 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT "B ";
THENCE ALONG THE WESTERLY LINE OF SAID LOT "B ", NORTH 34 DEGREES 15' EAST 148.48
FEET TO AN ANGLE IN SAID LINE; THENCE NORTH 1 DEGREE 45' EAST 436.44 FEET TO THE
NORTHWEST CORNER OF SAID LOT "B "; THENCE ALONG THE NORTHERLY LINE OF SAID LOT
"B ", NORTH 89 DEGREES 28' EAST 346.14 FEET TO A POINT IN THE EASTERLY LINE OF SAID
300 -FOOT RIGHT OF WAY; THENCE SOUTH 13 DEGREES 25' WEST 3831.55 FEET TO THE
SOUTHERLY LINE OF SAID LOT "B "; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT "B ",
NORTH 84 DEGREES 45' WEST 303.08 FEET TO THE POINT OF COMMENCEMENT.
ALSO EXCEPTING THEREFROM, THE PORTIONS THEREOF INCLUDED WITHIN A STRIP OF LAND
30 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT
THE POINT WHERE THE EASTERLY BOUNDARY LINE OF THE RANCHO LAS BOLSAS BETWEEN
STATIONS 78 AND 79 OF THE SAID BOUNDARY LINE IS INTERSECTED BY THE LINE WHICH
BEARS NORTH 13 DEGREES 26'3D" EAST FROM THE POINT ON THE SOUTH LINE OF SECTION
18, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, 2294.92
FEET NORTH 89 DEGREES 38' EAST FROM THE SOUTH QUARTER SECTION CORNER OF SAID
SECTION, SAID BEGINNING POINT BEING ON THE SURVEYED CENTER LINE OF THE SANTA
ANA - ANAHEIM JOINT OUTFALL SEWER; THENCE FROM SAID POINT OF BEGINNING, SOUTH 13
DEGREES 263D" WEST ALONG SAID CENTER LINE TO STATION 187 +74.49, BEING THE POINT
ON THE SOUTH LINE OF SAID SECTION 18, 2294.92 FEET NORTH 89 DEGREES 38' EAST FROM
THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUING SOUTH 13 DEGREES
26'3D" WEST ALONG SAID SURVEYED CENTER LINE, 2795.66 FEET TO STATION 215 +70.15;
THENCE SOUTH 16 DEGREES 27'3D" WEST ALONG SAID CENTER LINE, 1050.35 FEET TO A
EXHIBIT C
Legal Description
POINT 15.30 FEET SOUTH 84 DEGREES 45' EAST FROM STATION 68 OF THE RANCHO LAS
BOLSAS, TOGETHER WITH THE STRIP OF LAND OF VARYING WIDTHS LYING BETWEEN THE
EASTERLY LINE OF THE ABOVE DESCRIBED 3D -FOOT STRIP AND THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE SANTA ANA RIVER THROUGH THE NEWBERT PROTECTION DISTRICT,
AS CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED APRIL 14, 1934 IN BOOK 670,
PAGE 147 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 180 FEET WIDE, DESCRIBED AS PARCELS D3 -121.1 AND D3 -122.1 IN THE FINAL ORDER
OF CONDEMNATION RENDERED JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE
OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE
COUNTY FLOOD CONTROL DISTRICT VS. CITY OF NEWPORT BEACH, AND OTHERS" (CASE NO
77399), A CERTIFIED COPY OF WHICH DECREE WAS RECORDED JANUARY 3D, 1962 IN BOOK
5993, PAGE 441 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN THE
FOLLOWING DESCRIBED LAND:
THAT PORTION OF BLOCK C OF THE BANNING TRACT, AS SHOWN ON A MAP ATTACHED TO
REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO. 6385 IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND THAT
PORTION OF LOTS 1111 AND 1112 AND PORTION OF SIXTEENTH STREET AND WHITTIER
AVENUE ADJOINING, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID SIXTEENTH STREET WITH
THE SOUTHWESTERLY BOUNDARY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89 DEGREES 21'50" WEST 16.50 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
500.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 28 DEGREES
48'33". A DISTANCE OF 251.41 FEET TO A LINE TANGENT; THENCE SOUTH 60 DEGREES 33'
17" WEST ALONG SAID LINE TANGENT, A DISTANCE OF 404.60 FEET; THENCE NORTH 29
DEGREES 2643" WEST 804.50 FEET; THENCE NORTH 60 DEGREES 33'17" EAST 300.00 FEET;
THENCE SOUTH 88 DEGREES 48'26" EAST 316.57 FEET TO A POINT IN A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID POINT
BEARS NORTH 89 DEGREES 21'50" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH
AN ANGLE OF 44 DEGREES 24'55". A DISTANCE OF 38.76 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 44 DEGREES 24'5511, A DISTANCE
OF 69.77 FEET TO A LINE TANGENT; THENCE NORTH 0 DEGREES 38'10" WEST ALONG SAID
LINE TANGENT, A DISTANCE OF 11.11 FEET TO THE SAID SOUTHWESTERLY BOUNDARY LINE
OF FIRST ADDITION TO NEWPORT MESA TRACT; THENCE SOUTH 29 DEGREES 26,43" EAST
ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A DISTANCE OF 789.32 FEET TO THE POINT
OF BEGINNING.
AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RENDERED AUGUST 4, 1965 IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE,
ENTITLED "COSTA MESA UNION SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA VS.
SECURITY FIRST NATIONAL BANK, ETC., AND OTHERS" (CASE NO. 123141), A CERTIFIED COPY
OF WHICH ORDER WAS RECORDED AUGUST 5, 1965 IN BOOK 7620, PAGE 215 OF OFFICIAL
RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT B OF THE BANNING TRACT, AS SHOWN ON A MAP FILED IN THE CASE
OF HANCOCK BANNING AND OTHERS VS. MARY H. BANNING, FOR PARTITION, BEING CASE
NO. 6385 UPON THE REGISTER OF ACTIONS OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT B; THENCE SOUTHERLY ALONG
EXHIBIT C
Legal Description
THE WESTERLY BOUNDARY OF SAID LOT B, SOUTH 01 DEGREE 4600" WEST 462.00 FEET TO
RANCHO LAS BOLSAS, STATION 75, AND SOUTH 34 DEGREES 1500" WEST 462.95 FEET TO
RANCHO LAS BOLSAS, STATION 74, BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY, SOUTH 06 DEGREES 15'0011 EAST TO THE
WESTERLY LINE OF THE STRIP OF LAND DESCRIBED IN DEED TO THE CITY OF SANTA ANA,
RECORDED APRIL 14, 1934 IN BOOK 670, PAGE 147 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE
INTERSECTION WITH THAT CERTAIN COURSE HEREINABOVE CITED AS "SOUTH 34 DEGREES
1500" WEST 462.95 FEET; THENCE ALONG SAID CERTAIN COURSE, SOUTH 34 DEGREES 15'
00" WEST TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103,106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -IH, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91- 455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED TO, ALL PETROLEUM, OIL, NATURAL GAS, AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, TOGETHER WITH THE
RIGHT OF INGRESS AND EGRESS, UPON, OVER AND BENEATH THE SURFACE OF SAID LAND, ATALL
TIMES TO EXPLORE FOR, EXTRACT AND REMOVE ANY OF SAID MINERALS LOCATED
BELOW A DEPTH OF 6200 FEET, BUT WITHOUT THE RIGHT TO USE THE SURFACE OF SAID
LAND DOWN TO A DEPTH OF 500 FEET, AS RESERVED IN THE DEED EXECUTED BY HANCOCK
BANNING JR. AND OTHERS, DATED AUGUST I, 1958. RECORDED AUGUST 29, 1958 IN BOOK
4400, PAGE 532, AND RE- RECORDED OCTOBER 6, 1958 IN BOOK 4437, PAGE 228, AS
AMENDED BY THE DEED AND AGREEMENT EXECUTED BY HANCOCK BANNING JR. AND OTHERS,
RECORDED DECEMBER 27, 1961 IN BOOK 5957, PAGE 665. ALL IN OFFICIAL RECORDS,
ORANGE COUNTY.
PARCEL 2:
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN LAND AS DESCRIBED IN PARCEL
I IN DEED FROM HANCOCK BANNING JR. AND OTHERS, DATED AUGUST I. 1958, RECORDED
AUGUST 29, 1958 IN BOOK 4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND
RE- RECORDED OCTOBER 6, 1958 IN BOOK 4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE
COUNTY, ALSO BEING THE SOUTHWEST CORNER OF LOT "B" OF THE BANNING TRACT, AS
SHOWN ON THE MAP ATIACHED TO THE REPORT OF THE REFEREES FILED APRIL 14. 18901N
CASE NO. 6385 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE
COUNTY OF LOS ANGELES, CALIFORNIA, WHICH CORNER IS ALSO STATION 149 OF THE
BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, AS DESCRIBED IN BOOK 3. PAGE 387
OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 72 DEGREES 51' 36" EAST 807.47 FEET TO A
POINT WHICH BEARS NORTH 20 DEGREES 32'44" EAST 606.79 FEET FROM THE POINT OF
INTERSECTION OF THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON THE MAP
FILED IN AND ANNEXED TO THE COMPLAINT IN THE CASE OF J. B. BANNING JR. VS. SMITH
AND OTHERS, BEING CASE NO. 22797 OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR ORANGE COUNTY, A COPY OF THE JUDGMENT OF SAID CASE NO.
22797 HAVING BEEN RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS,
WITH THE SOUTHEASTERLY LINE OF SUMMIT STREET, 30 FEET IN WIDTH, AS SHOWN ON A
MAP OF EL MORO TRACT RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY, NORTHEASTERLY AND
SOUTHEASTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND
600.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING
COURSES AND DISTANCES: SOUTH 78 DEGREES 02' EAST 486.60 FEET; SOUTH 66 DEGREES
42'20" EAST 517.33 FEET; NORTH 20 DEGREES 06' 15" EAST 539.49 FEET; NORTH 51
DEGREES 48' EAST 405.76 FEET; NORTH 74 DEGREES 07' EAST 722.86 FEET; SOUTH 45
DEGREES 20 28" EAST 740.97 FEET; SOUTH 27 DEGREES 46' EAST 498.37 FEET; SOUTH 13
DEGREES 35'40" EAST 820.19 FEET; SOUTH I DEGREE 33'25" WEST 871.22 FEET TO A POINT
IN A LINE 600.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF THE
100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED
RECORDED APRIL 20. 1936 IN BOOK 822, PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY;
THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHERLY AND NORTHEASTERLY LINE OF
EXHIBIT C
Legal Description
SAID CALIFORNIA STATE HIGHWAY, THE FOLLOWING COURSES AND DISTANCES: SOUTH 83
DEGREES IT EAST 323.62 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
1650.00 FEET AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 500.12 FEET;
THENCE SOUTH 65 DEGREES 56' EAST, TANGENT TO SAID CURVE, 667.15 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
TO THE SOUTHWEST AND HAVING A RADIUS OF 1650.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF 48.34 FEET TO A POINT IN THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF WHITHER AVENUE (60 FEET IN WIDTH), AS
SHOWN ON A MAP OF THE FIRST ADDITION TO NEWPORT MESA TRACT RECORDED IN BOOK
8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, A RADIAL LINE
FROM SAID POINT BEARS SOUTH 25 DEGREES 44' 43" WEST, WHICH POINT IS THE
SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 0 DEGREES 36'01 " EAST ALONG THE
SAID PROLONGATION OF WHITTIER AVENUE, 404.46 FEET TO AN INTERSECTION WITH THE
NORTHEASTERLY LINE OF THAT CERTAIN STRIP OF LAND 250 FEET IN WIDTH, AS DESCRIBED
IN PARCEL 1, ARTICLE II OF SAID DEED RECORDED AUGUST 29, 1958 IN BOOK 4400, PAGE
532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND RE- RECORDED OCTOBER 6, 1953 IN BOOK
4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL LINE FROM SAID
INTERSECTION BEARS SOUTH 33 DEGREES 40'54" WEST; THENCE ALONG THE
NORTHEASTERLY, NORTHERLY, NORTHWESTERLY AND NORTHERLY LINE OF SAID PARCEL 1,
ARTICLE 11, THROUGH THE FOLLOWING COURSES AND DISTANCES: NORTHWESTERLY ALONG
A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1300.00 FEET, THROUGH AN
ANGLE OF 9 DEGREES 36'54", A DISTANCE OF 213.16 FEET TO A LINE TANGENT THERETO;
THENCE NORTH 65 DEGREES 56' WEST, TANGENT TO SAID CURVE, 667.15 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 1300.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF 394.04 FEET; THENCE NORTH 33 DEGREES 18' WEST,
TANGENT TO SAID CURVE, 646.66 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF
700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 2.34 FEET TO
A POINT IN A LINE PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER, AND
250.00 FEET DISTANT EAST THEREFROM, MEASURED AT RIGHT ANGLES THERETO, A RADIAL
LINE FROM SAID POINT BEARS NORTH 6 DEGREES 53'29" EAST; THENCE NORTHERLY,
NORTHWESTERLY AND SOUTHWESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE
SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES
THERETO, THE FOLLOWING COURSES AND DISTANCES: NORTH 1 DEGREE 38'25" EAST
1144.77 FEET; NORTH 13 DEGREES 35'40" WEST 729.87 FEET; NORTH 27 DEGREES 46' WEST
400.76 FEET; NORTH 45 DEGREES 20'28" WEST 482.53 FEET; SOUTH 74 DEGREES 07' WEST
449.53 FEET; SOUTH 51 DEGREES 48' WEST 237.37 FEET; SOUTH 20 DEGREES 06,15" WEST
319.00 FEET TO A POINT IN A LINE PARALLEL WITH THE NORTHWESTERLY LINE OF TRACT
NO. 772. AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGES 5 AND 6 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND 250 FEET DISTANT WEST
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHWESTERLY AND
WESTERLY, PARALLEL WITH THE NORTHWESTERLY AND NORTHERLY LINE OF SAID TRACT NO.
772, AND 250.00 FEET DISTANT WESTERLY AND NORTHWESTERLY THEREFROM, MEASURED
AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND DISTANCES: SOUTH 29
DEGREES 06' WEST 258.16 FEET; SOUTH 42. DEGREES 06' WEST 131.37 FEET; SOUTH 72
DEGREES 45' WEST 158.65 FEET; NORTH 88 DEGREES 25' WEST 16.51 FEET TO A POINT IN A
LINE PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 250.00 FEET
DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE
WESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER AND 250.00
FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: NORTH 66 DEGREES 42'20" WEST 620.94 FEET;
NORTH 78 DEGREES 02' WEST 504.69 FEET TO A POINT IN A LINE PARALLEL WITH THE
NORTHERLY LINE OF BLOCK C, EL MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8,
PAGE 75 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND 250.00
FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE
WESTERLY, PARALLEL WITH THE SAID NORTHERLY LINE OF BLOCK C, EL MORO TRACT, AND
250.00 FEET DISTANT NORTHERLY THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: NORTH 60 DEGREES 52'34" WEST 120.39 FEET;
NORTH 64 DEGREES 06'50" WEST 216.59 FEET TO A POINT IN THE EASTERLY LINE OF THE
EASEMENT FOR THE PURPOSE OF MAINTAINING A RIVER CHANNEL OVER A STRIP OF LAND
EXHIBIT C
Legal Description
300 FEET WIDE, IN FAVOR OF NEWBERT PROTECTION DISTRICT, AS DESCRIBED IN THE
INTERLOCUTORY DECREE OF PARTITION DATED JULY 19, 1929, A CERTIFIED COPY OF WHICH WAS
RECORDED JULY 19,1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS, ORANGE
COUNTY, SAID POINT BEING THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1,
ARTICLE II; THENCE SOUTH 13 DEGREES 25 WEST ALONG SAID EASTERLY LINE OF THE RIVER
CHANNEL, 256.04 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1, ARTICLE
II; THENCE NORTH 64 DEGREES 06'50" WEST ALONG THE NORTHERLY LINE OF SAID BLOCK C
OF EL MORO TRACT, 16.02 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE 100 -FOOT RIGHT OF WAY OF CALIFORNIA STATE HIGHWAY; THENCE NORTH 54 DEGREES
02' WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE, 145.48 FEET TO THE CENTER LINE OF
SAID 300 -FOOT RIVER CHANNEL EASEMENT; THENCE NORTH 13 DEGREES 25' EAST ALONG
SAID CENTER LINE, 390.57 FEET TO THE NORTHEAST CORNER OF LAND DESCRIBED IN DEED
DATED DECEMBER 30, 1929 FROM JOSEPH BANNING JR. AND OTHERS, TO JAMES H. MACKLIN,
RECORDED JANUARY 29, 1930 IN BOOK 356, PAGE 31 OF OFFICIAL RECORDS, ORANGE
COUNTY; THENCE NORTH 74 DEGREES 17' WEST 289.47 FEET TO A POINT IN THE SOUTHERLY
EXTENSION OF THE WESTERLY BOUNDARY LINE OF SAID RANCHO SANTIAGO DE SANTA ANA,
WHICH POINT IS ALSO THE NORTHWEST CORNER OF SAID LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 356, PAGE 31 OF OFFICIAL RECORDS, ORANGE COUNTY; THENCE NORTH
15 DEGREES 43' EAST ALONG THE SAID SOUTHERLY EXTENSION OF THE WESTERLY
BOUNDARY LINE OF RANCHO SANTIAGO DE SANTA ANA, 119.00 FEET TO THE POINT OF
BEGINNING.
EXCEPT ANY PORTION OR PORTIONS OF SAID ABOVE DESCRIBED LAND WHICH IS OR ARE
NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE
SANTA ANA, OR WITHIN THE EXTERIOR BOUNDARY LINES OF GOVERNMENT LOT 1, SECTION
19; GOVERNMENT LOT 1, SECTION 20; AND GOVERNMENT LOT 1, SECTION 29, ALL IN
TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 180 FEET WIDE, DESCRIBED AS PARCEL D3 -122.1 IN THE FINAL ORDER OF
CONDEMNATION RENDERED JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE
COUNTY FLOOD CONTROL DISTRICT VS. CITY OF NEWPORT BEACH AND OTHERS" (CASE NO.
77399), A CERTIFIED COPY OF WHICH DECREE RECORDED JANUARY 20, 1962, BOOK 5993,
PAGE 441, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103,106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -IH, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91 -455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED TO, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, IN OR UNDER, OR
PRODUCIBLE FROM SAID LAND AT ANY DEPTH OR DEPTHS 6200 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL,
BORE, OPERATE AND REMOVE FROM BENEATH THE SURFACE OF SAID LAND, AT ANY LEVEL OR
LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE PURPOSE OF
DEVELOPMENT OR REMOVAL OF SAID RESERVED SUBSTANCES, AS RESERVED IN THE DEED
AND AGREEMENT FROM HANCOCK BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961
IN BOOK 5957, PAGE 665 OF OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN
LIMITATIONS AND CONTINGENCIES CONTAINED IN SAID DEED.
PARCEL 3
A STRIP OF LAND 250 FEET WIDE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF BLOCK C OF EL
MORO TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 75 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THE EASTERLY LINE OF THE
EASEMENT FOR THE PURPOSE OF MAINTAINING A RIVER CHANNEL OVER A STRIP OF LAND
300 FEET WIDE, IN FAVOR OF NEWBERT PROTECTION DISTRICT, AS DESCRIBED IN THE
INTERLOCUTORY DECREE OF PARTITION DATED JULY 19, 1929, A CERTIFIED COpy OF WHICH
EXHIBIT C
Legal Description
WAS RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS; THENCE SOUTH
64 DEGREES 06'50" EAST, ALONG THE NORTHERLY LINE OF SAID EL MORO TRACT, 154.24
FEET; THENCE CONTINUING ALONG THE LAST MENTIONED NORTHERLY LINE, SOUTH 60
DEGREES 52' 34" EAST 151.04 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SUMMIT
STREET, 30.00 FEET IN WIDTH, AS SHOWN ON THE MAP OF SAID EL MORO TRACT, SAID
POINT BEING IN THE CENTER LINE OF THE SANTA ANA RIVER, AS SHOWN ON A MAP FILED IN
AND ANNEXED TO THE COMPLAINT IN CASE OF J. B. BANNING JR. VS. SMITH AND OTHERS,
CASE NO. 22797 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR
ORANGE COUNTY, A Copy OF THE JUDGMENT OF SAID CASE NO. 22797 HAVING BEEN
RECORDED JULY 19, 1929 IN BOOK 297, PAGE 76 OF OFFICIAL RECORDS, ORANGE COUNTY;
THENCE SOUTH 78 DEGREES 02' EAST ALONG THE SAID CENTER LINE OF THE SANTA ANA
RIVER, 517.61 FEET; THENCE CONTINUING ALONG THE SAID CENTER LINE OF THE SANTA ANA
RIVER, SOUTH 66 DEGREES 42'20" EAST 644.09 FEET TO A POINT IN THE NORTHERLY LINE
OF TRACT NO. 772, AS SHOWN ON A MAP RECORDED IN BOOK 23, PAGES 5 AND 6 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY AND
NORTHEASTERLY ALONG THE NORTHERLY AND NORTHWESTERLY LINE OF SAID TRACT
NO.772, THE FOLLOWING COURSES AND DISTANCES: SOUTH 88 DEGREES 25' EAST 105.91
FEET; NORTH 72 DEGREES 45' EAST 268.62 FEET; NORTH 42 DEGREES O6' EAST 228.36 FEET;
NORTH 29 DEGREES 06' EAST 306.31 FEET TO A POINT IN THE SAID CENTER LINE OF THE
SANTA ANA RIVER; THENCE ALONG THE SAID CENTER LINE OF THE SANTA ANA RIVER, THE
FOLLOWING COURSES AND DISTANCES: NORTH 20 DEGREES 06'15" EAST 267.71 FEET;
NORTH 51 DEGREES 48' EAST 117.09 FEET; NORTH 74 DEGREES OT EAST 254.30 FEET; SOUTH
45 DEGREES 20'28" EAST 298.02 FEET; SOUTH 27 DEGREES 46' EAST 331.04 FEET; SOUTH 13
DEGREES 35'40" EAST 665.36 FEET; SOUTH 1 DEGREE 36' 25" WEST 1205.19 FEET; SOUTH 10
DEGREES 47'30" EAST 116.85 FEET TO A POINT IN THE NORTHERLY LINE OF THE 100 -FOOT
RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED
APRIL 20, 1936 IN BOOK 822, PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL
LINE FROM SAID POINT BEARS NORTH 19 DEGREES 20'43" EAST; THENCE ALONG THE
NORTHERLY AND NORTHEASTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY, THE
FOLLOWING COURSES AND DISTANCES: EASTERLY ALONG A CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 950.00 FEET, A DISTANCE OF 209.67 FEET; SOUTH 83
DEGREES 18' EAST, TANGENT TO SAID CURVE, 646.66 FEET TO THE BEGINNING OF A CURVE
TO THE RIGHT, SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND
HAVING A RADIUS OF 1050.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A
DISTANCE OF 318.26 FEET; SOUTH 65 DEGREES 56' EAST, TANGENT TO SAID CURVE, 667.15
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1050.00 FEET, AND TANGENT TO
THE LAST MENTIONED COURSE, A DISTANCE OF 216.09 FEET; SOUTH 54 DEGREES 08,30"
EAST 387.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SOUTHEASTERLY ALONG A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 950.00 FEET, AND TANGENT TO
THE LAST MENTIONED COURSE, A DISTANCE OF 264.46 FEET; SOUTH 70 DEGREES OS' 30"
EAST, TANGENT TO SAID CURVE, 527.80 FEET TO THE SOUTHEASTERLY BOUNDARY LINE OF
LOT D OF THE BANNING TRACT, AS SHOWN ON THE MAP ATIACHED TO THE REPORT OF THE
REFEREES FILED APRIL 14, 1980 IN CASE NO. 6385 IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, CALIFORNIA; THENCE LEAVING
SAID CALIFORNIA STATE HIGHWAY, NORTH 39 DEGREES 43'45" EAST, ALONG THE
SOUTHEASTERLY BOUNDARY LINE OF SAID LOT D OF BANNING TRACT, 265.74 FEET TO A
POINT, BEING 250.00 FEET NORTH, MEASURED AT RIGHT ANGLES FROM THE
NORTHEASTERLY LINE OF SAID 100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE
HIGHWAY; THENCE NORTH 70 DEGREES OS' 3D" WEST, PARALLEL WITH THE NORTHEASTERLY
LINE OF SAID STATE HIGHWAY, 49.03 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF
THAT CERTAIN 2.7827 -ACRE PARCEL OF LAND AS DESCRIBED IN DEED FROM FARMERS AND
MERCHANTS NATIONAL BANK OF LOS ANGELES, TRUSTEE FOR ANNE 0. BANNING AND
OTHERS, TO A.E.S. CHAFFEY AND OTHERS, RECORDED MARCH 14, 1958 IN BOOK 4228, PAGE
191 OF OFFICIAL RECORDS, ORANGE COUNTY, A RADIAL LINE FROM SAID POINT BEARS
NORTH 26 DEGREES 10'42" WEST; THENCE ALONG THE BOUNDARY LINE OF THE LAST
MENTIONED PARCEL OF LAND, THE FOLLOWING COURSES AND DISTANCES: SOUTHWESTERLY
ALONG A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 373.48 FEET, A
DISTANCE OF 176.40 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL OF LAND,
NORTH 5 DEGREES 44'28" WEST 104.32 FEET TO A POINT IN A LINE PARALLEL WITH THE
NORTHEASTERLY LINE OF SAID STATE HIGHWAY, AND 250.00 FEET DISTANT THEREFROM,
MEASURED AT RIGHT ANGLES THERETO; THENCE NORTHWESTERLY, PARALLEL WITH THE
EXHIBIT C
Legal Description
SAID NORTHEASTERLY AND NORTHERLY LINE OF SAID STATE HIGHWAY, AND 250 FEET
DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES
AND DISTANCES: NORTH 70 DEGREES OS' 3 -" WEST 376.41 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT, NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST AND
HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A
DISTANCE OF 194.87 FEET; NORTH 54 DEGREES 08'3D" WEST, TANGENT TO SAID CURVE,
387.05 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, NORTHWESTERLY ALONG A
CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1300.00 FEET, AND
TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE OF 267.55 FEET; NORTH 65
DEGREES 56' WEST, TANGENT TO THE SAID CURVE, 667.15 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT, WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING
A RADIUS OF 1300.00 FEET, AND TANGENT TO THE LAST MENTIONED COURSE, A DISTANCE
OF 394.04 FEET; THENCE NORTH 83 DEGREES 18' WEST, TANGENT TO SAID CURVE, 646.66
FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, WESTERLY ALONG A CURVE CONCAVE
TO THE NORTH AND HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST
MENTIONED COURSE, A DISTANCE OF 2.34 FEET TO A POINT IN A LINE PARALLEL WITH THE
SAID CENTER LINE OF THE SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM,
MEASURED AT RIGHT ANGLES THERETO, A RADIAL LINE FROM SAID POINT BEARS NORTH 6
DEGREES 53'29" EAST; THENCE NORTHERLY, NORTHWESTERLY AND SOUTHWESTERLY,
PARALLEL WITH THE SAID CENTER LINE OF THE SANTA ANA RIVER, AND 250.00 FEET
DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES
AND DISTANCES: NORTH 1 DEGREE 38'25" EAST 1144.77 FEET; NORTH 13 DEGREES 35,40"
WEST 729.87 FEET; NORTH 27 DEGREES 46' WEST 400.76 FEET; NORTH 45 DEGREES 20,28"
WEST 482.58 FEET; SOUTH 74 DEGREES 07' WEST 449.53 FEET; SOUTH 51 DEGREES 48' WEST
237.37 FEET; SOUTH 20 DEGREES 06'15" WEST 319.00 FEET TO A POINT IN A LINE PARALLEL
WITH THE SAID NORTHWESTERLY LINE OF TRACT NO. 772, AND 250 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHWESTERLY AND
WESTERLY, PARALLEL WITH NORTHWESTERLY AND NORTHERLY LINE OF SAID TRACT NO.
772, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE
FOLLOWING COURSES AND DISTANCES: SOUTH 29 DEGREES 06 WEST 258.16 FEET; SOUTH 42
DEGREES 06' WEST 131.37 FEET; SOUTH 72 DEGREES 45' WEST 158.65 FEET; NORTH 88
DEGREES 25' WEST 16.51 FEET TO A POINT IN A LINE PARALLEL WITH THE SAID CENTER LINE
OF THE SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT
ANGLES THERETO; THENCE WESTERLY, PARALLEL WITH THE SAID CENTER LINE OF THE
SANTA ANA RIVER, AND 250.00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO,
THE FOLLOWING COURSES AND DISTANCES: NORTH 66 DEGREES 42'20" WEST
620.94 FEET; NORTH 78 DEGREES 02' WEST 504.69 FEET TO A POINT IN A LINE PARALLEL
WITH THE SAID NORTHERLY LINE OF BLOCK C, EL MORO TRACT, AND 250.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO; THENCE WESTERLY, PARALLEL WITH
THE SAID NORTHERLY LINE OF BLOCK C, EL MORa TRACT, AND 250.00 FEET DISTANT
THEREFROM, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING COURSES AND
DISTANCES: NORTH 60 DEGREES 52'34" WEST 120.39 FEET, AND NORTH 64 DEGREES 06'50"
WEST 216.59 FEET TO A POINT IN THE EASTERLY LINE OF SAID EASEMENT 300.00 FEET
WIDE, FOR PURPOSE OF MAINTAINING THE SANTA ANA RIVER CHANNEL; THENCE SOUTH 13
DEGREES 25' WEST ALONG SAID EASTERLY LINE OF THE RIVER CHANNEL, 256.04 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING GENERALLY SOUTHERLY OF THE
AGREED BOUNDARY LINE DESCRIBED IN EXHIBIT "E" ATTACHED TO THAT CERTAIN
SETTLEMENT AND BOUNDARY LINE AGREEMENT, STATE AND CITY DEEDS AND CORPORATION
DEED REGARDING CERTAIN LANDS IN THE COUNTY OF ORANGE, CALIFORNIA, BLA. NO. 260
RECORDED AUGUST 30, 1989 AS INSTRUMENT NO. 89- 466419 OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM, THE PORTION OR PORTIONS OF SAID LAND WHICH IS OR ARE
NOT INCLUDED EITHER WITHIN THE EXTERIOR BOUNDARIES OF THE RANCHO SANTIAGO DE
SANTA ANA, THE PATENT FOR WHICH WAS RECORDED JUNE 28, 1884 IN BOOK 3, PAGE 387
OF PATENTS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS ESTABLISHED BY
SAID HEREINABOVE DESCRIBED SETTLEMENT AND BOUNDARY LINE AGREEMENT, OR WITHIN
THE EXTERIOR BOUNDARIES OF LOT 1 OF SECTION 19, TOWNSHIP 6 SOUTH, RANGE 10
WEST; LOT 1 OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 10 WEST; AND LOT 1 OF SECTION
29, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THE
PATENT FOR WHICH LOTS WAS RECORDED APRIL 19, 1893 IN BOOK 1, PAGE 66 OF PATENTS,
EXHIBIT C
Legal Description
RECORDS OF ORANGE COUNTY, CALIFORNIA, OR WITHIN ACCRETIONS OF SAID RANCHO OR
SAID LOTS.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE PARCEL OF LAND
DESCRIBED AS PARCEL D3 -122.1 IN THE FINAL ORDER OF CONDEMNATION RENDERED
JANUARY 26, 1962 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE
COUNTY OF ORANGE, IN THE ACTION ENTITLED "ORANGE COUNTY FLOOD CONTROL
DISTRICT VS. CITY OF NEWPORT BEACH AND OTHERS' (CASE NO. 77399), A CERTIFIED COPY
OF WHICH FINAL ORDER WAS RECORDED JANUARY 30, 1962 IN BOOK 5993, PAGE 441 OF
OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THE PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 14, 1966 IN BOOK 7839, PAGE 739
OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 73170 -1 IN THAT
CERTAIN FINAL DECREE OF CONDEMNATION, SUPERIOR COURT CASE NO. 667539, A
CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 94-
0032786 OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THOSE PORTIONS DESCRIBED AS PARCELS 100, 103,106 AND
108 IN THE NOTICE OF LIS PENDENS, UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA CASE NO. CV 91- 3991 -IH, A CERTIFIED OF WHICH WAS RECORDED
AUGUST 23, 1991 AS INSTRUMENT NO. 91- 455338 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY, WHICH INCLUDES A DECLARATION OF TAKING.
ALSO EXCEPTING THEREFROM, AN UNDIVIDED 30% INTEREST IN AND TO THE IDLE AND
EXCLUSIVE RIGHT TO ALL OF THE MINERALS, INCLUDING, BUT NOT LIMITED TO, ALL
PETROLEUM, OIL, NATURAL GAS, AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS
DERIVED FROM SAID LAND LOCATED BELOW A DEPTH OF 6200 FEET, BUT WITHOUT THE
RIGHT TO USE THE SURFACE OF SAID LAND DOWN TO A DEPTH OF 500 FEET, AS RESERVED
IN THE DEED FROM HANCOCK BANNING JR. AND OTHERS, DATED AUGUST 1, 1958, RECORDED
AUGUST 29, 1958 IN BOOK 4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND
RE- RECORDED OCTOBER 6, 1958 IN BOOK 4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE
COUNTY, AS AMENDED BY THE DEED DATED NOVEMBER 29, 1961 FROM HANCOCK BANNING
JR. AND OTHERS, RECORDED DECEMBER 27, 1961 IN BOOK 5957, PAGE 665 OF OFFICIAL
RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, AN UNDIVIDED 70% INTEREST IN AND TO THE TITLE AND
EXCLUSIVE RIGHT TO ALL OF THE MINERALS, INCLUDING, BUT NOT LIMITED TO, ALL
PETROLEUM, OIL, NATURAL GAS, AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS
DERIVED THEREFROM, IN OR UNDER, OR PRODUCIBLE FROM SAID LAND AT ANY DEPTH OR
DEPTHS 6200 FEET OR MORE BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE
FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE AND REMOVE FROM BENEATH
THE SURFACE OF SAID LAND, AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, FOR THE PURPOSE OF DEVELOPMENT OR REMOVAL OF SAID
RESERVED SUBSTANCES, AS RESERVED IN THE DEED AND AGREEMENT FROM HANCOCK
BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961 IN BOOK 5957, PAGE 665 OF
OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN LIMITATIONS AND
CONTINGENCIES CONTAINED IN SAID DEED.
PARCEL 4
THOSE PORTIONS OF LOTS C AND D OF THE BANNING TRACT, AS SHOWN ON THE MAP
ATIACHED TO THE REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO. 6385 IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES,
BEING ALSO A PORTION OF LOT 1 OF TRACT NO. 463, AS SHOWN ON A MAP RECORDED IN
BOOK 32, PAGES 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, AND A PORTION OF TRACT NO. 2250, AS SHOWN ON A MAP RECORDED IN BOOK
104, PAGES 6 AND 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS A WHOLE AS FOLLOWS:
EXHIBIT C
Legal Description
BEGINNING AT THE MOST EASTERLY CORNER OF TRACT NO. is, AS SHOWN ON A MAP
RECORDED IN BOOK 9, PAGE 19 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, WHICH CORNER IS IN THE CENTER LINE OF SUPERIOR AVENUE, FORMERLY
NEWPORT AVENUE, AS SAID NEWPORT AVENUE IS SHOWN ON SAID MAP OF TRACT NO. 15,
AND ALSO IN THE SOUTHEASTERLY LINE OF SAID LOT D IN THE BANNING TRACT; THENCE
NORTH 29 DEGREES 24'45" WEST ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. is.
AND ALONG THE SOUTHWESTERLY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, 3691.50 FEET TO A POINT IN THE EASTERLY LINE OF
WHITTIER AVENUE, 60 FEET IN WIDTH, AS SHOWN ON SAID MAP OF FIRST ADDITION TO
NEWPORT MESA TRACT; THENCE SOUTH 0 DEGREES 36'01 " EAST ALONG THE SOUTHERLY
PROLONGATION OF THE SAID EASTERLY LINE OF WHITTIER AVENUE, SAID PROLONGATION
BEING THE EASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED EXECUTED BY HANCOCK
BANNING JR. AND OTHERS, DATED AUGUST 1, 19S8, RECORDED AUGUST 29, 1958 IN BOOK
4400, PAGE 532 OF OFFICIAL RECORDS, ORANGE COUNTY, AND RE- RECORDED OCTOBER 6,
1958 IN BOOK 4437, PAGE 228 OF OFFICIAL RECORDS, ORANGE COUNTY, 3465.51 FEET, MORE
OR LESS, TO AN INTERSECTION WITH A LINE ON A CURVE CONCAVE TO THE SOUTHWEST, 250.00 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE
100 -FOOT RIGHT OF WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED
RECORDED APRIL 20, 1936 IN BOOK 822, PAGE 48 OF OFFICIAL RECORDS, ORANGE COUNTY,
A RADIAL LINE FROM SAID POINT OF INTERSECTION BEARS SOUTH 33 DEGREES 40'5,v'
WEST; THENCE SOUTHEASTERLY, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID STATE
HIGHWAY, AND 250,00 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO,
THE FOLLOWING COURSES AND DISTANCES: THENCE SOUTHEASTERLY ALONG A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1300.00 FEET, 49.39 FEET; THENCE
SOUTH 54 DEGREES 08' 30" EAST, TANGENT TO SAID CURVE, 387.05 FEET TO BEGINNING OF
CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 700.00 FEET, AND TANGENT TO THE LAST MENTIONED
COURSE, 194.87 FEET; THENCE SOUTH 70 DEGREES OS' 30" EAST, TANGENT TO SAID CURVE,
376.41 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 2.7827 -ACRE PARCEL OF
LAND AS DESCRIBED IN DEED FROM THE FARMERS AND MERCHANTS NATIONAL BANK OF LOS
ANGELES, TRUSTEE FOR ANNE 0. BANNING AND OTHERS, TO A. E. S. CHAFFEY AND OTHERS,
RECORDED MARCH 14, 1958 IN BOOK 4228, PAGE 191 OF OFFICIAL RECORDS, ORANGE
COUNTY; THENCE ALONG THE WESTERLY, NORTHERLY AND NORTHEASTERLY BOUNDARY LINE
OF SAID 2.7827 -ACRE PARCEL, THE FOLLOWING COURSES AND DISTANCES: NORTH 5
DEGREES 44'28" WEST 160.43 FEET TO THE MOST WESTERLY CORNER OF SAID 2.7827 -ACRE
PARCEL, FROM WHICH A RADIAL LINE BEARS NORTH 20 DEGREES 20'15" WEST; THENCE
NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
450.00 FEET, 235.10 FEET; THENCE NORTH 39 DEGREES 43'45" EAST, TANGENT TO THE LAST
MENTIONED CURVE, 75.42 FEET TO THE MOST NORTHERLY CORNER OF SAID 2.7827 -ACRE
PARCEL, FROM WHICH A RADIAL LINE BEARS SOUTH 29 DEGREES 3D'33" WEST; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF
730.00 FEET, A DISTANCE OF 130.21 FEET; THENCE SOUTH 50 DEGREES 16' 15" EAST,
TANGENT TO THE LAST MENTIONED CURVE, 122.00 FEET TO A POINT IN THE
NORTHWESTERLY LINE OF SUPERIOR AVENUE, 60 FEET IN WIDTH, FORMERLY NEWPORT
AVENUE, AS SAID NEWPORT AVENUE IS SHOWN ON SAID MAP OF TRACT NO. 15, WHICH
POINT BEARS NORTH 39 DEGREES 43'45" EAST 35.24 FEET FROM THE MOST EASTERLY
CORNER OF LOT 1 IN BLOCK 1 OF SAID TRACT NO. 15; THENCE SOUTH 50 DEGREES 16,15"
EAST 30.00 FEET TO THE CENTER LINE OF SAID SUPERIOR AVENUE; THENCE ALONG THE
CENTER LINE OF SAID SUPERIOR AVENUE, NORTH 39 DEGREES 43'45" EAST 705.55 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE FOLLOWING DESCRIBED
LAND: THAT PORTION OF BLOCK C OF THE BANNING TRACT, AS SHOWN ON A MAP ATTACHED
TO THE REPORT OF THE REFEREES FILED APRIL 14, 1890 IN CASE NO. 6385 IN THE SUPERIOR
COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, AND THAT
PORTION OF LOTS 1111 AND 1112 AND PORTION OF SIXTEENTH STREET AND WHITTIER
AVENUE ADJOINING, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID SIXTEENTH STREET WITH
10
EXHIBIT C
Legal Description
THE SOUTHWESTERLY BOUNDARY LINE OF FIRST ADDITION TO NEWPORT MESA TRACT, AS
SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 61 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89 DEGREES 21'50" WEST 16.50 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF
500.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 28 DEGREES
48' 33 ", A DISTANCE OF 251.41 FEET TO A LINE TANGENT; THENCE SOUTH 60 DEGREES 33'
17" WEST ALONG SAID LINE TANGENT, A DISTANCE OF 404.60 FEET; THENCE NORTH 29
DEGREES 26'43" WEST 804.50 FEET; THENCE NORTH 60 DEGREES 3317" EAST 300.00 FEET; THENCE
SOUTH 88 DEGREES 48'26" EAST 316.57 FEET TO A POINT IN A CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE FROM SAID POINT
BEARS NORTH 89 DEGREES 21'50" EAST; THENCE NORTHERLY ALONG SAID CURVE, THROUGH
AN ANGLE OF 44 DEGREES 24'55", A DISTANCE OF 38.76 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 90.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 44 DEGREES 24'55", A DISTANCE
OF 69.77 FEET TO A LINE TANGENT; THENCE NORTH 0 DEGREES 38' 10" WEST ALONG SAID
LINE TANGENT, A DISTANCE OF 11.11 FEET TO THE SAID SOUTHWESTERLY BOUNDARY LINE
OF FIRST ADDITION TO NEWPORT MESA TRACT; THENCE SOUTH 29 DEGREES 26,43" EAST
ALONG SAID SOUTHWESTERLY BOUNDARY LINE, A DISTANCE OF 789.32 FEET TO THE POINT
OF BEGINNING.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE FOLLOWING: THAT
PORTION OF LOT I AND ALL OF LOT 2 OF TRACT NO. 463 AS SHOWN ON A MAP RECORDED IN
BOOK 32, PAGES 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF FIFTEENTH STREET WITH THE
CENTER LINE OF MONROVIA AVENUE, AS SHOWN ON A MAP RECORDED IN BOOK 65, PAGES
31 THROUGH 36 INCLUSIVE OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0 DEGREES 37'24" EAST,
ALONG THE CENTER LINE OF SAID MONROVIA AVENUE, 440.93 FEET TO THE NORTHEASTERLY
LINE OF SAID TRACT NO. 463; THENCE NORTH 29 DEGREES 26'43" WEST ALONG SAID
NORTHEASTERLY LINE, 272.61 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 29 DEGREES 26'43" EAST ALONG SAID NORTHEASTERLY LINE,
1288.43 FEET TO THE CENTER LINE OF SUPERIOR AVENUE; THENCE SOUTH 39 DEGREES 41'
15" WEST, ALONG SAID CENTER LINE OF SUPERIOR AVENUE, 705.55 FEET; THENCE NORTH 50
DEGREES 18'45" WEST, ALONG THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN A
DEED TO A. E. S. CHAFFEY AND OTHERS, RECORDED IN BOOK 4228. PAGE 191 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY, AND THE SOUTHEASTERLY PROLONGATION THEREOF,
152.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 730.00 FEET; THENCE NORTHWESTERLY 130.21 FEET ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 10 DEGREES 13'12" TO A POINT IN THE
NORTHEASTERLY LINE OF PARCEL ],AS DESCRIBED IN A DEED RECORDED IN BOOK 7839,
PAGE 739 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID
NORTHEASTERLY LINE, NORTH 63 DEGREES 11' 16" WEST 1160.70 FEET TO A POINT IN A LINE
PARALLEL WITH AND DISTANT 100.00 FEET EASTERLY, AS MEASURED AT RIGHT ANGLES
FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN ANNEXATION NO. 54 TO THE CITY OF
NEWPORT BEACH, DECEMBER 30,1963; THENCE ALONG SAID PARALLEL LINE, NORTH 0
DEGREES 38' 10" WEST 734.93 FEET TO A LINE THAT BEARS SOUTH 77 DEGREES 45' 00" WEST
FROM THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, NORTH 77
DEGREES 45'00" EAST 1110.58 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION.
ALSO EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 14, 1966 IN BOOK 7839,
PAGE 739 OF OFFICIAL RECORDS, ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, ANY PORTION INCLUDED WITHIN WHITTIER AVENUE AND
SIXTEENTH STREET, AS SHOWN ON THE MAP OF NEWPORT MESA TRACT RECORDED IN BOOK
5, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED IN THE LAND DESCRIBED IN THE DEED TO THE
CITY OF NEWPORT BEACH, RECORDED JUNE 6, 1995 AS INSTRUMENT NO. 95-
0237652 OF OFFICIAL RECORDS.
11
EXHIBIT C
Legal Description
ALSO EXCEPTING THEREFROM, THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS,
INCLUDING, BUT NOT LIMITED TO, ALL PETROLEUM, OIL, NATURAL GAS AND OTHER
HYDROCARBON SUBSTANCES AND PRODUCTS DERIVED THEREFROM, IN OR UNDER, OR
PRODUCIBLE FROM SAID LAND, AT ANY DEPTH OR DEPTHS 6200 FEET OR MORE BELOW THE
SURFACE OF SAID LAND, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL,
BORE, OPERATE AND REMOVE FROM BENEATH THE SURFACE OF SAID LAND AT ANY LEVEL OR
LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, FOR THE PURPOSE OF
DEVELOPMENT OR REMOVAL OF SAID RESERVED SUBSTANCES, AS RESERVED IN THE DEED
AND AGREEMENT FROM HANCOCK BANNING JR. AND OTHERS, RECORDED DECEMBER 27, 1961
IN BOOK 5957, PAGE 665 OF OFFICIAL RECORDS, ORANGE COUNTY, SUBJECT TO CERTAIN
LIMITATIONS AND CONTINGENCIES CONTAINED IN SAID DEED.
ALSO EXCEPTING THEREFROM ALL THE MINERALS, INCLUDING WITHOUT LIMITATION ALL
OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON OR UNDER THE HEREINAFTER
DESCRIBED LAND LYING 500 VERTICAL FEET BELOW THE SURFACE OF SAID LAND WAS
QUITCLAIM TO ARMSTRONG PETROLEUM CORPORATION, A CALIFORNIA CORPORATION BY AN
INSTRUMENT RECORDED MAY 5, 1997 AS INSTRUMENT NO. 19970206789 OF OFFICIAL
RECORDS.
APN: 114 - 170 -24, 114 - 170 -43, 114 - 170 -49, 114 - 170 -50, 114 - 170 - 52,114- 170 - 56,114- 170 -72,
114 - 170 - 73,114- 170 - 75,114- 170 - 77,114- 170 - 79,114- 170 -83 and 424 - 041 -04
12
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; that the foregoing ordinance, being
Ordinance No. 2012 -16 was duly and regularly introduced on the 23rtl day of July, 2012, and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14 day of
August, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
Recuse: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 15'h day of August, 2012.
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2012 -16 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general
circulation on the following dates:
Introduced Ordinance: July 28, 2012
Adopted Ordinance: August 18, 2012
In witness whereof, 1 have hereunto subscribed my name this L day of
2012.
Ci4Cdr
City of Newport Beach, California
(Seal)