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HomeMy WebLinkAboutJamboree Road, 3300 (Flectcher Jones Motor)This Lease between THE CITY OF NEWPORT BEACH, (Lessor) and FLETCHER JONES MOTOR CARS, INC., a California corporation, (Lessee), is made with reference to the following:. A. LESSOR and LESSEE have entered into a series of Agreements with one another and third parties, in a cooperative effort to authorize LESSEE to develop a Mercedes Benz auto dealership on approximately nine (9) acres of vacant land located generally at the southeast corner of Bristol and Jamboree in the City of Newport Beach; B. The City acquired the premises pursuant to a Quitclaim Deed and Easement Agreement (Quitclaim) recorded on March 18, 1996, as Instrument No. 96- 0130690 in Official Records in the office of the Recorder of Orange County.; C. The Quitclaim and related Agreements between the City and third parties establish restrictions on the use of the premises consistent with an automobile dealership; and D. The duties of the parties shall be interpreted in a manner that is consistent with the objective to establish an automobile dealership on the site and the special land use restrictions of record. 1. Premises. Lessor hereby leases to Lessee and Lessee leases from Lessor that certain unimproved real property , commonly known as 3300 Jamboree Road, Newport Beach, California 92660 in (Exhibit "A!'- the Premises) excluding a strip of land (Exhibit B), reserved by the City for street, highway, and public utility purposes, and excluding a strip of land, (Exhibit "C'), which is being reserved by the City for public access and public utility purposes, and excluding a strip of land, Exhibit "D ") being reserved on behalf of Southern California Edison for electric transmission purposes. 2. Term. The term of this Lease shall be for fifty (50) years following the date of execution, or the initial construction of improvements on the Premises by LESSEE, whichever shall occur last, unless earlier terminated pursuant to Section 13 and subject further to the exercise of the options permitted by subsection 3.2. 2.1 Acceptance of Premises for Occupancy. Lessee shall accept, the Premises for occupancy within ten (10) days after the issuance of a grading permit or building permit for any construction activity on the Premises or on January 1, 1997, whichever shall occur first. 2.2 Option Term. Lessor hereby grants to Lessee four (4) options for additional terms of five (5) years each. The options may be exercised only by 0 • written notice to Lessor, before the expiration of the Lease term, or prior option term. It is a condition to the exercise of this option that Lessee not be in default of this Lease. The option terms shall be upon all of the terms and conditions of this Lease. 3. Egot. Lessee shall pay to Lessor net of all taxes, assessments, insurance, and other charges payable with respect to the Premises, without offset, rental of one dollar $1.00 per year, payable for the entire term in advance, on the first day of the term or any option term. 4. UN. The Premises shall be used by Lessee solely for the purpose of operating an automobile dealership and ancillary uses subject to restrictions specified in, and except as permitted by, the Quitclaim and special land use restrictions of record concerning the Premises. 5. Charges Payable by Lessee. Lessee shall pay all expenses, charges and costs, of whatever kind arising out of the use, or occupancy of the Premises, including without limitation, expenses, charges and costs described with particularity in this Lease. 5.1 Utilities. Lessee shall pay when due and be solely responsible for all charges, duties and rates of every description, including water, power, sewer, gas, refuse collection or any other charges pertaining to the Premises, which relate to, arise during, and are chargeable to the Premises for the Lease term, or the option term. Any such charges which relate to, arise during and are chargeable to the Premises prior to occupancy of the Premises by Lessee, or after surrender of the Premises by Lessee shall be the sole responsibility of Lessor. 5.2 Insurance. Lessee shall, at Lessee's sole expense, obtain and keep in force during the Lease term, or option term, a policy of insurance issued by an A+ rated company reasonably approved by Lessor in the minimum amount of 1,000,000.00 general liability and the minimum amount of $1,000,000.00 covering loss or damage to the Premises, naming Lessor as an additional insured. Each and every insurer, whether providing a policy of insurance procured by Lessor, or Lessee, shall acknowledge, in writing, the provisions of subsection 15.1, where Lessor and Lessee waive subrogation rights with respect to each other for any claims, loss, or damage covered by any insurance policy in force at the time of such loss or damage. 5.3 Taxes. Assessments, Jam, Lessee shall pay when due all taxes, rates, or assessments, including, without limitation, all sales taxes and real or personal property taxes, which are applicable to the Premises for the Lease term, or 2 C option term. Lessee shall not be required to pay any taxes levied on Lessor's rental income. Lessee shall pay when due any personal property taxes relating to the improvements upon the Premises and shall pay, at least quarterly when due, each installment of real property taxes for all periods applicable to the Lease term, or Option terms. Lessee shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such proceedings as may be appropriate in the State of California and pay such taxes under protest, or take such measures as Lessee and Lessor reasonably deem appropriate. The expense of the proceedings shall be borne by the Lessee, and any refunds or rebates secured shall belong to Lessee. 5.4 Repairs and Maintenance. Lessee shall be solely responsible for all necessary maintenance and repair of any improvements on the Premises except those improvements that are constructed by the Transportation Corridor Agency pursuant to the Quitclaim. 6.1 All Claims. Except as otherwise provided herein, Lessor shall indemnify, defend and hold the Lessee harmless from and against any claim or demand for loss, liability or damage, including claims for property damage, personal injury or death, which arise, or relate to the period prior to occupancy of the Premises by Lessee, or subsequent to surrender of the Premises by Lessee. Except as otherwise provided herein, Lessee will indemnify, defend and hold the Lessor harmless from and against any claim or demand for loss, liability or damage including claims for property damage, personal injury or death which relates to the use, or occupancy of the Premises or the business activity of Lessee during the Lease term, or option terms. 6.2 Hazardous Substance. Lessee shall not cause, suffer or permit any Hazardous Substance (hereafter defined) to be placed, released, leaked, discharged, spilled, disposed of or emitted on or in the Premises, in violation of any Environmental Law (hereinafter defined) and Lessee shall protect, defend, indemnify and hold Lessor harmless from and against any and all penalties, judgments and costs (including, without limitation, any and all sums paid for settlement of claims, reasonable attorneys' fees, reasonable consultants' and experts' fees, and any and all costs incurred due to any investigation of the Premises or any cleanup, removal or restoration mandated by a Federal, State or M 0 0 local agency or political subdivision) (all of the foregoing being hereinafter collectively referred to as "Environmental Damages ") incurred as a direct result of Lessee's actual placement, release, leak, discharge, spill, disposal or emission of Hazardous Substances in violation of any Environmental Law on, or in the Premises at any time following occupancy of the Premises by Lessee until surrender of the Premises. Lessor warrants and represents that there are currently no Underground Storage Tanks on the Premises, that there are no Hazardous Substances on, in, or under the surface of the Premises and that no release, leak, discharge, spill, disposal or emission of Hazardous Substances in violation of any Environmental Law has occurred on, in, or under the surface of the Premises as of the Commencement Date of this Lease and shall protect, defend, indemnify and hold Lessee harmless from and against any and all Environmental Damages incurred as a direct result of Lessors actual spill, disposal or emission of Hazardous Substances in violation of any Environmental Law on, or in the Premises prior to the occupancy of the Premises by Lessee, or after the surrender of the Premises by Lessee. Hazardous Substance means any substance which is toxic, ignitable, reactive, corrosive, radioactive, flammable, explosive, or a human health, or safety hazard, including but not limited to asbestos, petroleum products, by- products and wastes, polychlorobiphenyls (PCB's) and substances defined as hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conversation and Recovery Act, 42 U.S.C. section 6901 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq; and in such other applicable laws as may be enacted in force and amended from time to time; and in the regulations adopted and publications promulgated pursuant to said laws. The foregoing representations, warranties, and indemnities shall survive the expiration or termination of this Lease, or any option term. Lessee and Lessor, insofar as each shall have an obligation to indemnify the other under paragraph 6.2 hereof, shall also promptly commence and complete any required investigation, removal or other remedial action with respect to such Hazardous Substance. 7. Costs of Litigation. In the event either party shall, without any fault on its part, or without responsibility under this Lease, be made party to any litigation commenced by or against the other party, such party shall indemnify, pay and hold 0 a s harmless the other from all costs and expenses incurred by, or imposed as a result of such litigation, including reasonable attorneys fees, if it is determined by a court of competent jurisdiction that such party was not responsible under the Lease for the matter at issue. In the event either party shall incur attorneys fees and related expenses in connection with the enforcement of any covenant, agreement or condition of this Lease, the non - defaulting and prevailing party shall be entitled to an award of all reasonable and necessary costs and expenses, including reasonable attomeys' fees, incurred in bringing or defending such action. 8. Exemption of Lessor From Liability. Except as otherwise provided in this Lease, Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's business, or any loss of income therefrom, or for damage to the goods, wares, merchandise, or other property of Lessee, Lessee's employees, invitees, customers, or any other person in or about the Premises which may occur during the Lease term, or option terms. 9. Additions & Improvements. Lessee may make any additions, or improvements to the Premises necessary to conduct Lessee's business at Lessee's sole cost and expense and subject to the restrictions on use and improvements contained in the Quitclaim and other land use restrictions of record. Any addition or improvement, except pad, paving, permanent foundation, landscaping or free standing lighting fixtures, shall be deemed a trade fixture and shall remain the property of Lessee upon the expiration, or termination of this Lease. All additions and improvements shall be accomplished in a good and workmanlike manner, in conformity with all applicable laws, governmental regulations and covenants, conditions and restrictions of record concerning the Premises. Nothing in this Lease shall effect the right or authority of Lessor to require Lessee to secure appropriate permits pursuant to its police powers. Lessee shall pay when due all claims for labor and material furnished to the Premises at the direction of Lessee, or for which Lessee is responsible hereunder. Upon the expiration or termination of the Lease, Lessee shall surrender the Premises to Lessor in substantially the same condition as received, except for ordinary wear and tear. 10. Assignment and Subletting. Lessee may transfer, assign, or sublease the Premises without the prior written consent of Lessor to the extent permitted in the Quitclaim and any agreement between and among Lessor, Lessee and the Irvine Company concerning the Premises. In the event Lessee assigns its interest in the Lease, Lessee shall not be relieved of its obligations hereunder, unless and until Lessee's assignee assumes in writing the obligations of Lessee hereunder, in 5 0 0 which event Lessee shall be relieved of its obligations hereunder from and after the effective date of such assumption. 11. Condemnation. Should the whole or any part of the Premises be condemned and taken by any competent authority for any public, or quasi public use, or purpose, all awards payable on account of such condemnation and taking shall be payable to Lessor and Lessee in proportion to their respective interest in the Premises. If 20% or more of the Premises be so condemned and taken, then Lessee may terminate this Lease in Lessee's sole discretion. If less than 20% of the Premises is condemned and taken, this Lease shall continue, provided, however, that if such partial condemnation substantially impairs Lessee's ability to conduct business at the Premises for the remainder of the Lease term, or any option term, or a significant portion thereof, this Lease in Lessee's sole discretion. 12. Destruction. If, during the term, any improvements upon the Premises are totally or partially destroyed from any cause, rendering them totally, or partially inaccessible, or unusable, Lessee may, in Lessee's sole discretion, restore such improvements to substantially the same condition as they were in immediately before destruction, or Lessee may terminate this Lease. If Lessee fails to terminate this Lease and if restoration is permitted, Lessee shall promptly commence to restore improvements to substantially the same condition they were in immediately prior to the destruction and shall complete restoration within one hundred eighty 180) working days and this Lease shall remain in full force and effect. 13. Defaults• Remedies 13.1 Covenants and Conditions. The performance of each of the obligations under this Lease shall be a condition, as well as a covenant of this Lease. Lessee's right to continue in possession of the Premises is conditioned upon such performance. Time is of the essence in the performance of covenants and conditions. 13.2 Defaults. Lessee shall be in default under this Lease if (a) Lessee abandons the Premises; (b) Lessee fails to pay rent or any other charge required to be paid by Lessee, as and when due, if such default is not cured within fifteen (15) days of written notice ; (c) Lessee fails to perform any of Lessee's non - monetary obligations under this Lease within thirty (30) days of written notice , unless such default cannot reasonably be cured within thirty (30) days, in which event, unless Lessee fails to commence such performance within thirty (30) days and diligently pursues completion thereof; (d) Lessee makes a general assignment for the benefit of creditors, files a petition for adjudication of bankruptcy, or for reorganization, or Lessee's assets located at the Premises are subject to i • attachment, execution or other judicial seizure, if not released within sixty (60) days; or (e) Lessee violates the use restrictions contained in the Quitclaim, or any land use restriction of record relative to the Premises, or in the event of a termination of the Development Agreement between Lessor and Lessee. Lessor shall be in default under this Lease if, (a) Lessor fails to perform any of the Lessor's monetary, or non - monetary obligations under this Lease as, and when due, if such default is not cured within thirty (30) days of written notice or, if such default cannot reasonably be cured within thirty (30) days, unless Lessor fails to commence such performance within thirty (30) days and diligently pursues completion thereof. 13.3 Remedies. On the occurrence of any default by Lessee which is not timely cured, Lessor may thereafter: (a) terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender the Premises to the Lessor; (b) maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises; or (c) pursue any other remedy now or hereafter available to Lessor under the laws of the State of California. 14. Option to Purchase. The parties acknowledge that the Transportation Corridor Agency may construct a fly over ramp on or over a portion of the Premises as specified in the Quitclaim. In the event the Transportation Corridor Agency fails to construct the fly over ramp within the time frame specked in the Quitclaim, and Lessee is not in default under the Development Agreement, or any other agreement relative to the property on which the automobile dealership is located, Lessee shall have the option to purchase the Premises in consideration of the payment of all sums due Lessor during the Lease term and all option terms. 15. Miscellaneous Provisions 15.1 Waiver of Subrogation. Lessor and Lessee each waive any and all rights of recovery against the other, or against the officers, employees, agents or representatives of the other, for any loss, or damage, if such loss or damage is covered by any insurance policy in force at the time of such loss or damage. 15.2 Severabilitv A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision or this Lease, which shall remain in full force and effect. VA 0 15.3 Modifications. This Lease may not be amended, unless in writing and signed by Lessor and Lessee. 15.4 Governing Law. The Lease shall be interpreted and conformed under any by the terms of the State of California. 15.5 Authority of Signatories. Each party signing this Lease represents and warrants that he has full authority to do so and that this Lease shall be binding on the corporation, or partnership which such signatories represents. 15.6 Quiet Possession. Lessor warrants that it owns the Premises subject to Quitclaim and other land use restrictions of record all of which are known to Lessee and were disclosed prior to execution of this Lease, and that upon payment by Lessee of the rent and the observance and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have the quiet possession of the Premises for the entire term of this Lease and for any Option term, subject to all of the provisions of this Lease. 15.7 Recordation of Lease. The Recordation of this Lease shall not be required; however, a Memorandum of Lease substantially the same as Exhibit D° hereto shall be executed by the parties and recorded in the office of the Recorder for the County of Orange, State of California. 15.8 Notices. Notices, demands or requests made hereunder shall be personally delivered or sent by mail, certified or registered, postage prepaid, to the addresses set forth below, and shall be deemed to have been given at the time of personal delivery, or at the time of mailing. Lessor: City Manager's Office Attn: Kevin Murphy CITY OF NEWPORT BEACH Post Office Box 1768 Newport Beach, CA 92658 -8915 Lessee: FLETCHER JONES MOTOR CARS, INC. Attn: Fletcher Jones, Jr. 1301 Quail Street Newport Beach, CA 92660 i? Lessor and Lessee may, from time to time, designate a different address by notice given in conformity herewith. DATED this D- A day of &,w 1996. or LE THE CITY OF NEWPORT BEACH FAdMag1FJlem.dw 42546 LESSEE: FLETCHER JONES MOTOR CARS, INC. By: FLETCHER JO ES, JR., President a STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) 0 appeared v 11.141- L' ' personally k wn to me (or proved tom on th asis of sati fact evidence) to be the personWwhose 9 e,, 'j ` re subscribed to the v Ahin instrument and acknowledged to me that h9/she/they executed the same in her/their authorized capacity i, and that by his /her/their signatur%a) on the instrument the personoo or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 Notary Public in and for' aid Sta Shauna Lyn Oyler; U Comm #7008681 NOTARY PUBLIC CALIFORNI ORANGE COUNTY Comm. Expm Aug 22. 1W EXHIBIT A PROPERTY BEING LEASED THAT PORTION OF BLOCK 51 OF THE IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN UPON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: THAT PARCEL OF LAND QUITCLAIMED TO THE CITY OF NEWPORT BEACH BY INSTRUMENT NO. 96- 0130690, RECORDED MARCH 18, 1996, IN OFFICIAL RECORDS OF SAID ORANGE COUNTY. EXCLUDING THEREFROM AN EASEMENT RESERVATION FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES MORE FULLY DESCRIBED IN EXHIBIT B. ALSO, EXCLUDING THEREFROM AN EASEMENT RESERVATION FOR BICYCLE, PEDESTRIAN, AND PUBLIC UTILITY PURPOSES MORE FULLY DESCRIBED IN EXHIBIT C. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT A, ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. J.P. KAPP, P.E.1 0 RCE #22015 EXPIRES: SEPTEMBER 30, 1997 J:10608XA Wl3CI7.MW No. 22015 Exp. 9,3097 SCALE: 1" = 150' SHEET 1 OF 1 SKETCH TO ACCOMPANY EXHIBIT A TO ACCOMPANY LEGAL DESCRIPTIONS OF A PORTIONS OF BLOCK 51 OF OF IRVINE'S SUBDIVISION IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA z,\ 11 ss 66. 0 i a`O ggad f j n Sly CORNER OF THE My 1/2 OF THE SE'ly 1/2 OF BLOCK 50 OF IRVINE'S SUBDIVISION s ' 1 `J 1r F` po INSL \ 96- 0061 O.R. U v n NO f BAYVJP 3p ?r OR ve vwWAY O4 X936 F INST. Na O.R. 9696.953 awLso.mG 4/44/96 a • EXHIBIT B THAT PORTION OF BLOCK 51 OF THE IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN UPON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: THAT PORTION OF A PARCEL OF LAND QUITCLAIMED TO THE CITY OF NEWPORT BEACH BY A QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 96- 0130690, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE NORTHWESTERLY TERMINUS OF A COURSE IN THE SOUTH LINE OF SAID PARCEL SHOWN AS "NORTH 14022'47" WEST 28.25 FEET" IN SAID QUITCLAIM DEED, SAID BEGINNING BEING THE BEGINNING OF A CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH 73 °59'06" EAST, 1518.94 FEET FROM SAID BEGINNING; THENCE NORTHEASTERLY ALONG SAID CURVE 653.40 FEET THROUGH A CENTRAL ANGLE OF 24 038'46 "; THENCE NORTH 40 039'40" EAST 16.38 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLYAND HAVING A RADIUS OF 37.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 62.15 FEET THROUGH A CENTRAL ANGLE OF 96014'17" TO A POINT OF TANGENCY WITH THE NORTHEASTERLY LINE OF SAID PARCEL. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. ALL BEARING AND DISTANCES IN THIS DESCRIPTION ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM [NAD 831, ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIV E GRID DISTANCE SHOWN HEREIN BY 0.99996401. 9MESS70Ne. J.t KAPP, P% No.- 9 0361'9 97 RCE #22015 Exp. 8 EXPIRES: SEPTEMBER 30,199 `4r Civtix. p J:%ow6\owftsc19.MW U SKE1% TO ACCOMPANY EMBIT B EASEMENT TO BE RESERVED BY THE CITY OF NEWPORT BEACH FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES WJ U y Z h r o y°j Q Hv. ss. C/L BRISTOL STREET NORTH " kd A=95'01'55' R= 27.00' Q L= 44.78' k o =or•lrsr 6` ,.P k° rye• r r 73.59'06'E AO) 15.00 0. B. i lolpiiF V X 0 EXHIBIT C THAT PORTION OF BLOCK 51 OF THE IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN UPON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: THAT PORTION OF A PARCEL QUITCLAIMED TO THE CITY OF NEWPORT BEACH BY A QUITCLAIM DEED RECORDED AS INSTRUMENT NO. 96 -0130690, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT IN A CURVE HAVING A RADIUS .OF 1272.00 FEET, SHOWN AS "COURSE NO. 7" IN THE DESCRIPTION GRANTING PARCEL NO. 063769.01.01 TO THE CITY OF NEWPORT BEACH BY A DEED RECORDED AS INSTRUMENT NO. 96- 0064614, OF SAID OFFICIAL RECORDS, DISTANT THEREON SOUTHEASTERLY 311.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 002118" FROM THE NORTHWESTERLY TERMINUS OF SAID CURVE, THE RADIUS POINT BEARS SOUTH 59 °43'53" WEST FROM SAID BEGINNING; THENCE NORTH 39 °48'42" WEST 322.00 FEET TO "COURSE NO. 6" AS DESCRIBED IN SAID INSTRUMENT NO. 96 -0064614. EXCEPTING THEREFROM THAT PORTION LYING WITHIN "PARCEL A" GRANTED TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AS INSTRUMENT NO. 96- 0093861. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT.C, ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM [NAD 831, ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN BY 0.99996401. _anf No. 22015 J. P. IKAPP, P.E. Exp. 93x97 RCE #22015 EXPIRES: SEPTEMBER 30, 1997 q$ OF CAUL J:W6%W3WlSC20.MW 11ryr SKETCH TO ACCOMPANY EXHIBIT C EASEMENT TO BE RESERVED BY THE CITY OF NEWPORT BEACH FOR BICYCLE, PEDESTRIAN AND PUBLIC UTILITY PURPOSES 57 l I a o\ i INST. NO. 96- 0130690, O.R. , ` i5 . A \ N W COURSE N0. 7) 6. \ ' 01 _ \ Vu \ \ OGT \\ N ,/ r\ 1 1 11 INST. NO. 96- 0093361, O.R.-- (4 PARCEL A P. 0. B. - -` INST. NO. 96- 0064614, O.R. PARCEL NO. 063769.01.01 0 0 EXHIBIT D EASEMENT RESERVATION ON BEHALF OF SOUTHERN CALIFORNIA EDISON CO. BY THE CITY OF NEWPORT BEACH. THAT PORTION OF BLOCK 51 OF THE IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN UPON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS RECORD MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION BEING A PARCEL QUITCLAIMED TO SAID CITY OF NEWPORT BEACH BY A DEED RECORDED AS INSTRUMENT NO. 96- 0130690 RECORDED MARCH 18, 1996, OFFICIAL RECORDS OF SAID ORANGE COUNTY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 25.00 FEET IN WIDTH, LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID PARCEL, SAID POINT BEING SOUTH 41 020'11" WEST 33.01 FEET FROM THE NORTHEAST CORNER OF SAID PARCEL; THENCE NORTH 33 044'17" WEST 0.45 FEET; THENCE NORTH 53 °14'33" WEST 206.43 FEET TO THE SOUTHEASTERLY LINE OF JAMBOREE ROAD, 132.00 FEET IN WIDTH, GRANTED TO THE CITY OF NEWPORT BEACH BY DEED RECORDED IN BOOK 6135, PAGE 155, OF SAID OFFICIAL RECORDS. THE SIDELINES OF SAID STRIP TO BEGIN IN SAID SOUTHEASTERLY LINE OF SAID PARCEL AND END IN SAID SOUTHEASTERLY LINE OF SAID JAMBOREE ROAD. ALL AS MORE PARTICULARLY SHOWN ON SHEET 2 OF THIS EXHIBIT. ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM [NAD 831, ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREON BY 0.99996401. KAPP, ROL15 wo m EXPIRES: SEPTEMBER 30, 1997 ' No. 22015 Ex p. 9 30.97 J:w606+053WlSC22.sS SHEET 2 OF 2 EXHIBIP D 25.00 FOOT WIDE EASEMENT RESERVATION ON BEHALF OF f'is> SO. CALIF. EDISON CO. BY THE CITY OF NEWPORT BEACH y p h QR6FESS70N4 S°j 19 'pk •'Q y ZPp •.F. 0= 08.06'18'. No.22015 00'43'49" 1 R= 1 ' P• -30 -97 R= 1533.94 L= 179.94' C= 19.55' it Tq CIVIL h Q+ pl 0£7A/L - NO SCALE Of CAUFOP ry1 01J .,v' •y'' 2° n= 05'5754" R= 1272.00' h v° L= 132.43' j o° b ° t' ft N41-20.11 "f 118,28"\ q 45 '4j' i °j / • 25 _ _ _ r N39'48'42"Wyam' VAp 125 13.81' N330 451 T'W Z pV\ s7 A= 13'59'13" R=1272.00'.' J J / C= 310.52' % xf4 J,Ns-r. N0. 06-000338-J, CJ. R. PARC I A N73'45' EPCC Iv" w. J 08'51'54" .N ° R= 1072.00' O L= 165.86' Z r. A =02'11'19" / J\ \ R= 1748.00' , N f p R.. L--66.77' rno 56;5 z CAM i'/ 22 g0 4 >70 '34 30 " R =1748 006. L= 165.90' r+ P.O.B. / J ++ ''C,= 30'1474" \`N00'11'45_£1RA) R= 2700' L= 14.25' E CCEPTION fD PAR. 300007 / N6 '42"W (RAO) R =27 OF JNST NO. D4-0438036, C.R. v N05'38'01 "E (RAO) R =1748' 139 194 (0 KAPP, R.C.E. #2305 ISE EXPIRES SEPTEMBER 30, 1997 606- 05J.401