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HomeMy WebLinkAboutC-5567(F) - Newport Boulevard, 3300 - Grant of EasementCF0057B UNDERGROUND -Modified AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 3939 E. CORONADO, 2ND FLR ANAHEIM, CA 92807 CONSIDERATION LESS THAN $100 DOCUMENT TRANSFER TAX $0 Signature of declarant or agent determining tax: Agent Exchange: Newport Beach/Balboa APN: 423-111-02 GRANT OF EASEMENT Sec 28 T6S R10W, Lot 7 LE(11)A00CZ1 P E071614/55370 Page 1 of 3 The undersigned Grantor, hereby grants to PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT&T California, its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee," an easement to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such underground communication facilities as Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, pipes, manholes, handholes, service boxes, aboveground markers, risers, service pedestals, underground and aboveground switches, fuses, terminals, terminal equipment cabinets, transformers with associated concrete pads, associated electrical conductors, necessary fixtures and appurtenances necessary to any and all thereof, together with the right of way therefore in, over, under and upon that certain real property in the City of Newport Beach, in the County of Orange, State of California. The easement is described in Exhibit "A" and shown on Exhibit "B ", attached hereto and made a part hereof Sec 28 T6S R10W, Lot 7 LE(11)AOOCZl P E071614/55370 Page 2 of 3 This legal description was prepared pursuant to Section 8730(c) of the Business and Professions Code. Grantor also grants to Grantee the right to trim such trees and other foliage and to cut such limbs and roots on said property as may be necessary for the protection of said facilities. The Grantors, their successors and assigns, retain the right to construct and maintain buildings, foundations or structures that are not inconsistent with the rights herein granted. Grantor also grants to Grantee the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of such facilities. Grantor also grants to Grantee the right to receive commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place its respective service facilities upon and within said easement. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees, while exercising the rights granted herein. Grantor has leased the affected property and the lessee intends to construct a hotel and related improvements, commonly known as the Lido House Hotel, for which this easement is necessary and granted to Grantee. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this �`� day of , 2016 THE CITY OF NEWPORT BEACH, a municipal corporation BY: Print Name: T, I A "J \ City Manager AttesiO��-'<< r✓ i�'V �-�' APPROVED AS TO FORM: Leilani I. B own, MM Date: O � City Aafo ney `.. ��t PO Rol Sec 28 T6S R10W, Lot 7 LE(l 1)AOOCZI P E071614/55370 Page 3 of 3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of D ZAr-4 the On Sg.P"C 'Z bl Le before me, J IF NMFEr2. AN N MQ LV f.-( , Notary Public, personally appeared pA q E VA r ->r , who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he91hoir authorized capacity(i@&), and that by his/her./.thcir signature(s� on the instrument the person(,s4, or the entity upon behalf of which the person(c) 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. JENNIFER ANN MULVEY ' Commission # 2045022 Z p`,m� Notary Public - California i Orange County My Comm.. Ex ices Qct 12, 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" LEGAL DESCRIPTION A 5.00 FOOT WIDE STRIP OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA ACROSS THAT PORTION OF LOT 7 IN SECTION 28, T6S, R10W, SBM, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE AUGUST 4, 1890, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF PARCEL 1 OF THE MAP FILED IN PARCEL MAP BOOK 85, PAGES 1-2 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 89°15'30" EAST 46.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTH LINE NORTH 89°15'30" EAST 30.26 FEET. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. CONTAINING 151.3 SQUARE FEET, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B", THE PLAT TO ACCOMPANY THIS LEGAL DESCRIPTION ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: D. MA K A' E, PLS 5031 7-21-16 LE(11)A00CZ1 P F:\Documents F DRIVE\Drawings\CHC CONSULTING\CHC-A00CZIP 3400 NEWPORT BLVD NB\CHC-A00CZIP EXHIBIT A LEGAL DESC.odt 1 Last Printed: EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA LLJ Q N 81'57'52" W(RAD) 30.00' C/L FINLEY AVE. ce NOTES: PREPARED FOR: CHC CONSULTING JOB NUMBER: AOOCZ1P DRAWING FILE: CHC—AOOCZIP.DWG COORD FILE: CHC—A0OCZIP.CRD rn 30.00' 30.00' o0 N CO NN N CO C z En 03 d- \1 d N II Lo Ns cP.O.C. I► S.W. COR. —' PCL 1 PMB 85/1-2 46.89' T.P.O.B. N. WI►E S SCALE: 1 INCH = 30 FEET R/W PARCEL 72210-1 PER 11981/613 O.R. L=24.99' R=15.00' A =95'27'35" 30.26' APN 423-111-01 EASEMENT AREA: 151.3 SQUARE FEET MORE OR LESS 5.00' N 89' 15'30" E 144.38' — APN 423-111-02 PORTION OF LOT 7, SECTION Z8, TES, RIOW, SIM 0 30 60 90 E I= PREPARED BY: Ware Enterprises, Inc. 2109 Via Gavilan V San Clemente, CA 92673 Voice 949-661-9156 Fax: 866-213-8604 D. MAR WARE P.L.S. 5031 CHC-A00CZIP.dwg Model 7/21/2016 15:12:03 1 : 30 Prepared by D. Mark Ware - land Surveyor- Ware Enterprises Inc. 949-661-9156 LE(11)A00CZ1 P