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Home My WebLink AboutC-7654-1 - Grant of Easement - Balboa Island Park, Lot 7 & 8Batch 4458491 Confirmation CF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 3939 E CORONADO ST, 2rm FLOOR ANAHEIM, CA 92807 WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 CONSIDERATION LESS THAN $100 DOCUMENT TRANSFER TAX $0 Signature of declarant or agent determining tax: Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder 111111111111111111111111111I 1111111111 I I 1111111111 I II II 21.00 *$ R 0 0 1 0 7 6 6 8 2 7$* 2019000121028 9:16 am 04/16/19 90 SC5 E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 3.00 Exchange: Newport Beach/Balboa Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 APN: 050-043-29 LE(11) AOICIRN E121809/61442 Page 1 of 5 GRANT OF EASEMENT 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" in accordance with Business and Professions Code Section 8730(c), and shown on Exhibit "B ", attached hereto and made a part hereof. https:Hgs.secure-recording.com/Batch/Confirmation/4458491 04/16/2019 CF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 3939 E CORONADO ST, 2ND FLOOR ANAHEIM, CA 92807 WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 CONSIDERATION LESS THAN $100 DOCUMENT TRANSFER TAX $0 Signature of declarant or agent determining tax: Exchange: Newport Beach/Balboa Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 APN: 050-043-29 LE(11) A01 C 1 RN E121809/61442 Page I of 5 GRANT OF EASEMENT 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 " in accordance with Business and Professions Code Section 8730(c), and shown on Exhibit "B ", attached hereto and made apart hereof. SEE PAGE 2 Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 LE(11) AOIC1RN E121809/61442 Page 2 of 5 Grantor further grants to Grantee the right to trim such trees and other foliage and to cut such limbs and roots on said easement as may be necessary for the protection of said facilities; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Grantor, his/her/their successors and assigns, shall not erect or construct any building or other structure or drill or operate any well within said easement. Grantor further 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 further 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. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this ICj day of N P R 11.. 12019 THE CITY OF NEWPORT BEACH, a Municipal Corporation BY: Gr c . Leung Ci Manager APPROVED AS TO FORM: BY: t z4zt-e�- V:oi(: : Aaron C. Harp 40 q.8.17 City Attorney ATTES . BY: L a ' I. Brown ity Jerk SEE PAGE 3 Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 LE(11) AOICIRN E121809/61442 Page 3 of 5 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 0 P.p M U f - On Fk1PQ1l. 15 J019 before me, fmr4lfft Ah*�— V LVE`/, Notary Public, personally appeared 69-A(m K . IEUNIs , who proved to me on the basis of satisfactory evidence to be the person(s� whose nameEs) is/are subscribed to the within instrument and acknowledged to me that IwAshe/they executed the same in hisfhedtkeir authorized capacityfiies), and that by kie/her/tkoirr signature(s) on the instrument the person(s), or the entity upon behalf of which the perso*) 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 COMM #2214138 W Notary Public - California rn ORANGE COUNTY NAMW My Commission Expires Oct. 12,2021 Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 LE(11) AOICIRN E121809/61442 Page 4 of 5 Exhibit "A" Legal Description That portion of Lots 7 and 8 of Block 7 of Resubdivision of Section One of Balboa Island, as shown on a Map recorded in Book 6, Page 30 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, more particularly described in the deed to the Grantor herein, recorded on October 12, 1973 as Document No. 11640, in Book 10942, Page 419, of Official Records, in the Office of the County Recorder of said County, included within a strip of land, the Centerline of which is described as follows: STRIP NO. 1(8.00 FEET WIDE) Commencing at the westerly corner of Lot 7; Thence South 43°52'00" East, a distance of 10.00 feet along southwesterly line of said Lot to the TRUE POINT OF BEGINNING; Thence North 35°58'00" East, a distance of 24.00 feet to the Point of Terminus. Said easement is 8.00 -foot -wide, lying 4.00 feet on each side of described centerline. STRIP NO.2 (5.00 FEET WIDE) Commencing at the westerly corner of Lot 7; Thence North 35°58'00" East, a distance of 29.00 feet along northwesterly line of said Lot to the TRUE POINT OF BEGINNING; Thence South 09°00'00" East, a distance of 10.00 feet to the Point of Terminus. Said easement is 5.00 -foot -wide, lying 2.50 feet on each side of described centerline. CONTAINING 234.00 SQUARE FEET, MORE OR LESS. Balboa Island Resub Sec 1 Lots 7 and 8, Blk 7 LE(11) AOICIRN E121809/61442 Page 5 of 5 EXHIBIT "B" Resubdivision of Section One of Balboa Island, Block 7 Lot 9 85-00 . N 54°02' W - 3-O ---- - O------------ O- - -- - --- --- -- FD M0N 679991 E Lot 8 r . � _ 41 �' o l 0 1 � M- Balboa Island Park CIO rj Lot 7115 Agate Ave stir— ,,l APN:050-043-29 �'�, ••.� } �'I'146 'dam 291 - R/W N 43052'W =---,- �- 10 �... POc 101 - - -I- - - CL- 3AY FROW .EY I FD M0N 679991 E SOUTH BAY FRONT MJ e LEGEND: L-----! EASEMENT TO PACIFIC BELL TELEPHONE COMPANY dba AT&T CALIFORNIA Lot 8 W _.. ------ -- 00' N 5402_ 5� LZ V --=85 Balboa Island Park Lot 7115 Agate Ave APN:050-043-29 � -CURB 'dam 86.35 _-_ 6. - - - R/W N 43052'W =---,- - - - -I- - - CL- 3AY FROW .EY N l T SOUTH BAY FRONT MJ e LEGEND: L-----! EASEMENT TO PACIFIC BELL TELEPHONE COMPANY dba AT&T CALIFORNIA