HomeMy WebLinkAbout16 - Jamboree Road Bridge Widening Over State Route 73CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 16
September14, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran, Senior Civil Engineer
949 - 644 -3315 or atran @newportbeachca.gov
SUBJECT: JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 —
APPROVAL OF SETTLEMENT AGREEMENT WITH 3901 MACARTHUR
BLVD., LLC
ISSUE:
In order to construct the Jamboree Road Bridge Widening over State Route 73 project, a
portion of real property is required from 3901 MacArthur Blvd., LLC. Staff has reached an
agreement with this property owner in the amount of the just compensation value as shown
in the appraisal. A fully executed Settlement Agreement is needed in order to record this
real property acquisition and proceed with escrow.
RECOMMENDATION:
1. Approve the Settlement Agreement with 3901 MacArthur Blvd., LLC for the
acquisition of real property for the Jamboree Road Bridge Widening over State
Route 73 Project and authorize the Mayor and City Clerk to execute the Settlement
Agreement and Certificate of Acceptance.
2. Authorize staff to open an Escrow account and make the necessary payment to
complete the transaction.
DISCUSSION:
The Jamboree Road Bridge Widening project involves widening the west side of the
Jamboree Road Bridge overcrossing State Route 73 to accommodate one additional thru
lane in each travel direction. The roadway leading to the bridge will also need to be
widened in order to transition to the proposed lane configuration across the bridge.
Therefore, additional public right -of -way will need to be acquired from the following three
properties:
1. SK Hart Bayview, LLC (former Downey Savings and Loans)
2. 3901 MacArthur Blvd., LLC (Newport Lexus)
3. Back Bay Court Property Co.
Jamboree Rd. Bridge Widening — Approval of Settlement Agreement with 3901 MacArthur Blvd., LLC
September 14, 2010
Page 2
The attached exhibit shows the location of the proposed additional public right -of -way
required to construct the project. This project will only require a portion of real property
from each of the three affected properties.
A Settlement Agreement with SK Hart Bayview, LLC (former Downey Savings and Loans)
was executed on June 8, 2010. The Easement Deed has been recorded by the County of
Orange.
A formal property appraisal for 3901 MacArthur Blvd., LLC (Newport Lexus) was completed
in November 2009. On February 1, 2010, an initial offer was made in the amount of
$110,000.00 which was the just compensation amount as determined by the appraisal. As
part of negotiations, City staff agreed to an additional $29,452.00 for the reconstruction of
the landscape and irrigation improvements by the property owner's landscape contractor.
This portion of landscape and irrigation improvements was originally part of the City's
construction contract as it will be impacted by the City's construction activities. The total
compensation amount is therefore $139,452.00. The Settlement Agreement along with the
Easement Deed and Temporary Construction Easement has been executed by 3901
MacArthur Blvd, LLC and are attached.
In addition to the $139,452.00, staff anticipates needing an additional $5,000.00 to pay for
escrow fees and other miscellaneous fees associated with this transaction. Upon demand
from the escrow agent, all funds will be deposited into an escrow account in the form of a
check. Surplus funds will be refunded to the City upon close of escrow.
ENVIRONMENTAL REVIEW:
Acquisition of real property is administrative in nature and is not subject to the California
Environmental Quality Act (CEQA) requirements. The construction of the Jamboree Road
Bridge Widening over State Route 73 Project was determined to be exempt pursuant to
Section 15301 of the CEQA Implementing Guidelines.
PUBLIC NOTICE:
Public notification is not required for real property acquisition.
FUNDING AVAILABILITY:
There are sufficient funds for this property acquisition available in the following account:
Account Description Account Number Amount
Transportation and Circulation 7261- C5100784 $ 144,452.00
Total: $ 144,452.00
Jamboree Rd. Bridge Widening — Approval of Settlement Agreement with 3901 MacArthur Blvd., LLC
September 14, 2010
Page 3
Prepared by: Submitted by:
ndy Tr 4 n, P.E. t en m
. Badu
K&-/Senior Civil Engineer �blic Works Director
Attachment: Exhibit 1 - Settlement Agreement (2 originals)
Exhibit 2 - Easement Deed and Certificate of Acceptance
Exhibit 3 - Temporary Construction Easement
Exhibit 4 - Right -of -Way Exhibit
Exhibit 5 — Owners Cost Proposal to Re- Construct Frontage Landscape
Exhibit 1
APN: 427 - 241 -14 (3901 Mac Arthur Blvd., LLC)
TITLE REPORT NO: Stewart Title, 258133
PROJECT: Jamboree Road Bridge Widening Over State Route 73
SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTERESTS AND JOINT ESCROW INSTRUCTIONS
This SETTLEMENTAGREEMENT FORACQUISITION OF REAL PROPERTY INTERESTS
AND JOINT ESCROW INSTRUCTIONS ( "Agreement") is entered into this day of
, 2010 by and between the City of Newport Beach, a Municipal
Corporation (hereinafter called "Buyer "), and 3901 Mac Arthur Blvd., LLC, a California Limited
Liability Company (hereinafter called "Seller') for acquisition by Buyer of certain real property and
interests in real property hereinafter set forth.
WHEREAS, Buyer desires to acquire certain easements and all of Seller's rights, interests
and title in and to a portion of Seller's real property for the Jamboree Road Bridge Widening Over
State Route 73 Project ( "Project "). The real property interests to be acquired herein are more
particularly described in the following attached Exhibits:
i. Easement Deed (for street, sidewalk, and other right -of -way purposes) with legal
description and plat map attached, Certificate of Acceptance; Exhibit 1.
ii. Temporary Construction Easement (for construction purposes) with legal description
and plat map attached; Exhibit 2
WHEREAS, Seller desires to sell to Buyer the above described real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of California, Buyer
has established an amount believed to be just compensation for such property interests and has
advised Seller of the basis for its determination of just compensation; and
WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such
property interests and acknowledges such compensation is no less than fair market value; and
WHEREAS, the easement deeds conveying such property interests have been executed and
delivered to Overland, Pacific & Cutler, Inc., the Real Property Agent representing the Buyer.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees
to purchase from Seller, upon the terms and for the consideration set forth in thisAgreement
(hereinafter called "Agreement "), all that certain real property and easements (hereinafter
collectively "Property') situated in the City of Newport Beach, County of Orange, State of
California, and legally described as follows:
SEE EXHIBITS "1 "AND "2" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price of the Property, payable in cash through
escrow, shall be the sum of One Hundred Thirty Nine Thousand Four Hundred and Fifty Two
Dollars ($139,452.00).
3. CONVEYANCE OF TITLE.
3.1. Seller agrees to convey to Buyer by easement deed in the form of Exhibit "'I", certain
real property interests to the real property described therein free and clear of all
recorded and unrecorded liens, encumbrances, assessments, easements, leases,
and taxes EXCEPT:
a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall
be cleared and paid in the manner required by Section 4986 of the Revenue and
Taxation Code, if unpaid at the close of this transaction.
b. Quasi - public utility, public alley, public street easements, and rights of way of record
(except rights in any such items conveyed under this Agreement).
c. Items numbered 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in the preliminary title report
issued by Stewart Title of California Company for the larger parcel owned by Seller
and dated as of October 2, 2009 (Order No. 258133).
3.2. Seller further agrees to convey to Buyer, a temporary construction easement in, on,
over and above the portion of the Seller's Property depicted on the attached
Exhibit "2" and incorporated herein by this reference.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Exhibits 1 -2,
provide the Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of
$94,550 issued by Stewart Title of California Company showing the title to the real Property
identified in Exhibit 1 vested in Buyer, subject only to the exceptions set forth in Paragraph
3.1 of this Agreement and the printed exceptions and stipulations in such policy. Buyer
agrees to pay the premium charged therefore.
5. ESCROW. Buyer agrees to open an internal escrow in accordance with this Agreementwith
Overland, Pacific & Cutler, Inc. This Agreement constitutes the joint escrow instructions of
the Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to perform all acts
reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver such easements as referenced in Paragraph 3, above, to
Escrow Agent concurrently with this Agreement. After opening of escrow, Buyer will deposit
executed Certificates of Acceptance with Escrow Agent. Buyer agrees to deposit the
purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with
Escrow Agent any additional instruments as may be reasonably necessary to complete this
transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO AND SHALL:
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to
place title in the condition necessary to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and /or delinquent or non - delinquent assessments or bonds except those
which title is to be taken subject to in accordance with the terms of this Agreement;
C. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest on
note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due
and payable in accordance with terms and conditions of said trust deed(s) or
mortgage(s) including late charges, if any, except penalty (if any), for payment in full
in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s)
or beneficiary(ies) entitled thereunder;
d. Pay and charge Buyer for all reasonable fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial or full reconvenances
of deeds of trust or release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
f. Disburse funds and deliver the easement deeds when conditions of this escrow have
been fulfilled by Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date
necessary instruments of conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is authorized if necessary or
proper in the issuance of the policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended
by mutual agreement of the parties hereto. Any amendment of, or supplement to, any
instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSEAS
SOON AS POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
usual fees, charges, and costs which arise in this escrow.
8. FULL AND COMPLETE SETTLEMENT Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of anyand
all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically
including, any and all damage to Seller's remainder Property by reason of the acquisition of
the Property or the installation of the improvement Project in the manner proposed, the value
of improvements pertaining to the realty, leasehold improvements, any and all claims of
rental or leasehold value and loss of business goodwill, any claim of Seller for relocation
benefits or assistance, and any and all claims in inverse condemnation and for
precondemnation damages, and any and all other claim that Seller may have, whether or not
specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the
Property. Seller and Buyer, and each and all of their individual collective agents
representatives, attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of them, from
any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating tojust compensation,
damages, which any of them now have, or might hereafter have by reason of any matter or
thing arising out or in any way relating to Buyer's acquisition of the Property interests
described herein.
9. CONSTRUCTION CONTRACT AND CURATIVE WORK AND OTHER CONSIDERATION
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
assigns, shall perform the following construction contract items at the time of the
installation of the proposed Project:
i. Buyer shall remove a portion of the existing block wall between APN: 427-
241-14 and APN: 427 - 241 -09 and refinish newly exposed wall surfaces as
shown on the contract drawings Sheet L -2A
ii. Buyer shall perform all Project work as shown on the construction drawings
prepared by RBF Consulting plans dated March 18, 2009.
iii. Seller will be added to the contractor's liability insurance as additional
insured for the duration of the temporary construction easement
b. It is understood and agreed by and between the parties hereto that the
compensation paid to Seller through thisAgreement includes the value of and cost to
relocate, reconstruct, and /or refurbish existing landscape and irrigation
improvements impacted by the Buyer's construction activities as outlined in the
attached Exhibit "3" (Frank Torres Construction Quote dated April 6, 2010). It is also
understood that the $5,000 contingency fund as identified in Exhibit "3" is only to be
used to cover unforeseen conditions related to the original landscape and irrigation
scope of services. The Seller shall refund any and all unused contingency funds to
the Buyer at the completion of the work.
c. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject Property by the City,
including the right to remove and dispose of improvements, shall commence on July
1, 2010 or the close of escrow controlling this transaction, whichever occurs first, and
that the amount shown in Paragraph 2 herein includes, but is not limited to, full
payment for such possession and use, including damages of subject Property, if any,
from said date.
d. All work done under this Agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in
a good and workmanlike manner. All structures, improvements or other facilities,
when removed, and relocated, or reconstructed by the City, shall be left in as good
condition as found.
e. City agrees to indemnify and hold harmless Seller from any liability arising out of
City's operations under this Agreement. City further agrees to assume responsibility
for any damages proximately caused by reason of City's operations under this
Agreement and City will, at is option, either repair or pay for such damage.
10. OTHER CONSIDERATIONS. Access to the temporary construction easement area and all
work done under this Agreement shall be done from the street side.
11. PERMISSION TO ENTER ON PREMISES It is understood and agreed that for Project
planning and funding purposes the Seller hereby grants to Buyer and authorized agents or
contractors, the right of possession to the area described in Exhibits " 1" and "2" to perform
the work described in Paragraph 9a. However, said right of possession and use shall not be
exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written
notice to perform the construction items listed in Paragraph 9a above.
The right to use the Property shall continue in effect for a period of three (3) months. Said
use shall begin from the date Buyer, or Buyer's agent, provides Seller with a 48 -hour prior
written notice. All efforts shall be made to complete the described work within the proscribed
period of time; however, extraordinary circumstances may occur which may require
additional time to complete the work (i.e. rain, acts of god, labor dispute, shortage of
materials, etc.). It is agreed that should the actual use extend beyond the time period
delineated above, the Buyer agrees to pay the Seller $1,800.00 per calendar day except
when the delay is caused by either rain or any acts of god. In which case, the Buyer will be
allowed additional working days at no cost to the Buyer. The number of additional working
days will be equal to the number of days delayed by either rain or any acts of god.
It is further understood that the Temporary Construction Easement shall terminate upon the
earlier of 1) substantial completion of the improvements, or 2) December 15, 2012.
12. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in
possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or
invitees, and that there are no oral or written recorded or unrecorded leases or other
agreements concerning all or any portion of the Property exceeding a period of one month,
except the existing lease with DWWTL. Seller further agrees to hold Buyer harmless and
reimburse Buyer for any and all of its losses and expenses occasioned by reason of any
lease of such Property held by any tenant of Seller for a period exceeding one month.
13. ACQUISITION UNDER THREAT OF EMINENT DOMAIN. Seller and Buyer acknowledge
that this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges
that the sums received from Buyer under this Agreement constitute full payment of just
compensation under threat of eminent domain (including, but not limited to, compensation
for the fair market value of the real property taken, severance damages, improvements to
the realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory,
loss of business goodwill, relocation benefits and assistance, court costs, litigation expenses
and any interest which might be due on such matters). Seller acknowledges that the
amounts paid under this Agreement constitute the total amount due Seller, and that no
further payments are due, owing or payable. Sellerwaives any other claims it might have for
further payment or further compensation, including attorney's fees, costs and interest.
14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby
warrants, represents, and /or covenants to Buyer that:
a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Property or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
b. To the best of Seller's knowledge, there are no encroachments onto the Property by
improvements on any adjoining property, nor do any buildings or improvements
encroach on other properties.
c. Until the closing, Seller shall not do anything which would impair Seller's title to any
of the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's Property may be bound.
e. Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
f. Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
15. HAZARDOUS WASTE. It is understood that the Property does not appear to contain
hazardous materials including but not limited to gasoline /oil storage tanks, fertilizer or
pesticide storage tanks, or any contaminant. However, should hazardous materials be
found to exist on the Property, the Buyer may exercise its right under existing law to bring an
action, if necessary, to recover clean -up costs from Seller or any other who are ultimately
determined to have responsibility for such hazardous materials condition of the Property.
16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitute such acceptance and approval.
18. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been
involved in this transaction. Buyer and Seller agree to indemnify one another against any
claim, suits, damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said claimant.
19. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction of
the California Courts with venue in Orange County.
20. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller.
21. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
22. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between the
parties with respect to the matters contained in this Agreement. Any waiver, modification,
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby. No waiver byany
party of any breach hereunder shall be deemed a waiver of anyother orsubsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
Mailing address of Seller
1400 N. Tustin Street
Orange, CA 92867 -3902
Mailing Address of Buyer
P.O. Box 1768
Newport Beach, CA 92658 -8915
APPROVED AS TO FORM:
Office of the City Attorney
By:
yn t I3eaucha p, ssis tant City
Attorney
4
SELLER:
3901 MacArthur Blvd., LLC, a California
Limited Liability Company
By: >L
0
BUYER:
The City of Newport Beach, a Municipal
Corporation
By:
Keith Curry, Mayor
ATTEST TO:
By
Leilani I. Brown, City Clerk
Exhibit 2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 427 - 241 -14 (Portion)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
3901 Mac Arthur Blvd., LLC, a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for public STREET AND UTILITY purposes and all other uses
appurtenant thereto in, on, over, under, and through the real property in the City of
Newport Beach, County of Orange, State of California described in Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part
hereof.
IN WITNESS WHEREOF, the grantor hereto has caused this Easement Deed to be
executed as of this day of 2010.
0
*Signatures must be acknowledged by a notary public
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by that certain Easement Deed from 3901 Mac Arthur Blvd., LLC, a California
limited liability company to the City of Newport Beach, a municipal corporation, hereby
accepted on , 2010, by the undersigned officer on behalf of the City of
Newport Beach pursuant to authority conferred by Resolution No. 92 -82 of the City
Council adopted on July 27, 1992. The City consents to the recordation of said
document in the Office of the Recorder of Orange County, State of California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yne Beau h mp,
Assistant City At torney
ATTEST:
By:
Leilani I. Brown,
City Clerk
State of California
County of ORANGE )'
CITY OF NEWPORT BEACH,
A Municipal Corporation
2
Keith Curry,
Mayor
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the
person(s) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
RXHIBIT "A"
LEGAL DESCRIPTION
RIGHT -OT -WAY
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Parcel 1 of City of Newport lleach Lot Line Adjustment No. LA
2005 -008 recorded .Ianuary 26, 2006 as Instrument No. 2006000060410 of Official Records in
the Office of the County Recorder, of said Orange County, described as 'follows:
BEGINNING at the most southerly corner of said Parcel I of Lot Line Adjustment No. LA
2005 -008 thence along the southwesterly line of said Parcel 1 North 49012'06" West IO.10 feet
to a point on a non - tangent curve concave northwesterly and having a radius of 240.08 feet„ a
radial line of said curve from said point bears North 40 °31`41" West thence along said curve
nottlrcasterly 31.56 feet through a central angle of 97 °31'52'"; thence:non-tangent from said can c
South 48 °03'32" East 1.00 feet; thencoNortb 41 °56`27" East 255.99 feet to a point; in that certain
course on the northwesterly right of -way of Jamboree Road shown as "North 39 °2648" East
268.60"` on said Lot Line Adjustment; said point being distant thereon South :i9 °26'27" West
107.51 feet from the northeasterly tennums thereof; thence along said northwesterly right -o€ -way
South 39 °26'-27` West 161.08 feet and South 4105619-711 West 126.29 feet to the POINT OF
B3EGINN rNG.
CONTAINING: 0.035 Acres, mono or less.
)K X BIT "B" attached and by this refet4wce made a part hereof-
Kurt R. Troxall, PLS 7854 Date -
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DATA TABLE
E) BRNG/DELTA RADIOS LENGTH
---------------------------------
1 N'49*22'06"W -- 10.10:
2 W31'52" 240.08' 31.56
3 S48*03'32"E -- 1.00,
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM,
(CfS83) ZONE VI 1983 NAD (1991.35 EPOCH
GPS ADJUSTMENT). —10 OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
6.99997352.
PARCEL I
L.L.A. NO. LA 2005-008
INST. No. 2006000050410, OR
RIGHT-OF-WAY
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DETAIL
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TRACT NO. 1694
EXHIBIT 71�n TRACT MIC 290. / 27-29
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GONTAJNINGs 0.035 ACRE$ ±
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Exhibit 3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Orange County Assessor's
Parcel Number: 427 - 241 -14
FULL [ ] PORTION [X ]
Exempt from Documentary Transfer Tax
Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
3901 Mac Arthur Blvd., LLC, a California limited liability company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for construction purposes in, on, over, under, and through the real property in the
City of Newport Beach, County of Orange, State of California described on Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part hereof.
This easement shall terminate upon the filing of a Notice of Completion for the Jamboree @
SR73 Project or within two years of the date of this document shown below.
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement Deed to
be executed as of this day of 2010.
M
'Signatures must be acknowledged by a notary public
EXHIBIT "A"
LEGAL DESCRIPTION
TEA'IPORARY CONSTRUCTION EASEMENT
That certain parcel of land situated in the City of Newport Beaeh, County of Orange, State of
California, beingthat portion of Parcel l of City of Newport Beach Lot Line Adjustment No. LA
2005 -009 recorded January 26, 2006 as Instrument No. 200600006041,0 of Official Records in
the Offree of the County Recorder of said Orange County, described as follows:
BEGINNING at a point in the southwesterly line of said Parcel 1 of Lot Line Adjustment No.
LA 2005 -008, distant thereon North 49 022'06" Wot 10.10 feet from the most southerly comer
thereof, said point being on a non - tangent cone concave northwesterly and having a radius of
MOM feet, a radial line of said curve from said point bears North 40 °31'41 West; thence along
said cucUe norther terly 3 L56 Feel through a central angle of 07031'52"; thence non-tangent ftcna
said curve South 486U32" East 1.00 feet; thence North 41 °56'27" East 255.99 feet to a point in
that certain course on the northwesterly right-of-way of Jamboree Road shown as
"North 39 026"48" East 268.:60 "` on said Lot Line Adjustment, said point being distant thereon
South 39°26'27" West 107.51 feet froni the northeasterly terminus thereof; thence along said
northw,eterly.riglit- of -w,ay North 39 °26'27 " East :5$ 92 feet; thence North 48 °04'442" West 8.54
feet; thence5outh40051176" West 58.87 feet; thence Sout44165617" West 255.99 feet; thence
South 53 909'17" West 34.23 feet to said southwesterly line of said Parcel 14 thence along said
southwesterly lineSoUth 49 022 "06" East 1932 feet to the POINT OF BEG' INNING.
CONTAINING: 082 Acres, more of less.
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DATA TABLE
9 BRNG/0ELTA RADIUS LENGTH
----------------------------------
I N49*22'06"W -- 10.10•
2, 07*31'52" 240.08' 31.56
3 S48*03'32"E -- 1.00
4 N48*04'42"W 8,54
a S49'22'06"E 19,32
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM
(CCS83) ZONE VI 1983 NAD (1991,.35 EPOCH
GPSADJUSTkIENT). TO OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
PARCEL I
L.L.A. NO. U 9005�-008
INS-r' No. woocioo6ulo' O.R.
DETAIL
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S,W'LY LINE PARCEL 1
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TRA& NO. �'&§4
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JAMROKK I , 811-73 OVERCROSS 1 196
Te I MPORA RY " CQ NS I OCTION EASEMENT
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Exhibit 5
April 6, 2010
City of Newport Beach
Attn: Mr. Andy Tran
Trunk Torres
'Consiruction
ft'REVISED PROPOSAL
RE: NEWPORT LEXUS
3901 MACARTHUR BLVD, NEWPORT BEACH CALIFORNIA 92660
LANDSCAPE REPAIRS — AFTER ROAD WIDENING
Dear Mr. Tran,
We are pleased to submit for you approval, our 2nd revised proposal to provide all labor,
materials, tools and equipment necessary to accomplish the work described herein at the above
referenced project.
Our proposal is based on onsite meeting with Mr. Andy Tran on 3/9/10 and includes the
following:
I. LANDSCAPE REPAIRS — AFTER ROAD WIDENING
• Upon completion of the city's street widening, affected arrears to be received
within 3" of new final grade
• Fine grade, feather into existing sod areas, import soil amendments and prepare
for new sod
• Remove sections of additional sod for feathering
• Relocate, modify and repair affected irrigation system as required
• Install approximately 6050 square feet of new Marathon II sod
• 12 — Each 5 gallon `Buxus Japonica" for planter
PLANTER NEAR PROPERTY LINE
Modify existing concrete mow strip — demo section and replace approximately 11
lineal feet of new curved concrete mow strip, this modification will increase the
size of the planter
23600 ,El Toro Rd, Suite D # 333 • Lake Forest CA 92630 • (949) 951 0293
State Contractor's License # 375990
Modify irrigation as required
Remove affected plants in planter near property wall on 10' construction
easement prior to commencing street widening project by city. Frank Torres
construction will dig up and can approximately 118 — Each 5 gallon "Day Lilies ".
We will then transport them to our yard and care for these plants for
approximately 90 days. Upon completion of the project, we will return plants and
replant. We will also supply an additional 24 — Each 5 gallon "Day Lilies ", to be
planted for new increased planter.
All necessary labor, parts and equipment as required
ALL OF THE ABOVE DISCUSSED WORK
COMPLETE FOR THE SUM OF $ 24,452.00
CONTINGENCY AS REQUSTED $ 5,000.00
TOTAL AMOUNT INCLUDING CONTINGENCY $ 29,452.00
PLEASE NOTE
• The City's construction contractor will only perform grading within the temporary
construction easement (TCE). All necessary work beyond the TCE limits is
included with this proposal.
• This proposal includes a 90 -day plant establishment and maintenance period. All
plant materials and irrigation system damaged during this period shall be repaired
and/or replaced at landscape contractor's expense.
• All items as listed above per meeting with Mr. Andy Tran
• Anything not listed above is not included
• Our quote is based on a quality and premium installation per standard required by
Newport Lexus. We have made no provisions for any special requirements that
may be required by the City of Newport Beach and any other governing agencies.
TERMS
PAYMENT IN FULL UPON COMPLETION
23600 El Toro Rd. Suite D # 333 • Lake Forest CA 92630 • (949) 951 0293
State Contractor's License N 375990
THE FOLLOWING EXCLUSIONS APPLYEXCEPT WHERE NOTED ABOVE
Any special requirements from governing agencies. Deputy inspectors. Soils reports or any
work related. Homeowners association fees. Site power and /or utilities. Anything not listed
above is not included.
We appreciate the opportunity to bid this project and hope that you will find our proposal
acceptable.
Sincerely,
FRANK TORRES CONSTRUCTION
Frank Torres
FT /dt
23600 El Toro Rd, Suite D # 333 • Lake Forest CA 92630 • (949) 951-0293
State Contractor's License # 375990