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HomeMy WebLinkAbout25 - Vacation of Existing Sewer and Water EasementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 June 12, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Rodi Almendralo 949 - 644 -3334 or ralmendralo @city.newport- beach.ca.us SUBJECT: VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 NEWPORT CENTER DRIVE DEVELOPER: The Irvine Company RECOMMENDATIONS: 1. Conduct public hearing for the vacation of an existing sewer and water easement. 2. If desired, (a) adopt a Resolution ordering the vacation of an existing sewer and water easement and the acceptance of new sewer and water easements at 1600 Newport Center Drive, (b) direct staff to process the vacation and acceptance of said easements, and (c) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. DISCUSSION: During the May 22, 2007 City Council meeting, Council continued the public hearing for this item in order to remove a 15 -foot wide sewer and water easement that was proposed by the developer, The Irvine Company, at 1600 Newport Center Drive. The original staff report and Resolution had the incorrect project address of 1600 East Coast Highway. The official project address is 1600 Newport Center Drive and the change has also been reflected in the Resolution. Per Council direction, the developer has agreed to change the proposed 8 -inch sewer main on the proposed easement to a private sewer lateral to serve the proposed new multi -story office building. The new sewer lateral will not need an easement. The easement documents and the Resolution have been updated to reflect the change. Vacation of an Existing Sewer and Water Easement and Acceptance of New Sewer and Water Easements at 1600 Newport Center Drive Page: 2 The portion of the sewer and water easement to be vacated and granted to the City are legally described in Exhibit "A" and shown in Exhibit "B" of the attached Resolution. The Irvine Company will relocate the existing City water main as a part of this development. Public Notice: Public Hearing Notices were posted along the proposed vacation site on May 30, 2007 and were published in the Daily Pilot. Environmental Review: Pursuant to Section 15301, Existing Facilities — Class I of CEQA Guidelines, the requested vacation is exempt from environmental review. Prepared by: Submitted Rodi Almendralo Associate Engineer �h G. Badum Works Director Attachments: Resolution Grant of Easement for Sewer and Water Purposes. Proposed Site Plan RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY CLERK'S OFFICE CITY OF NEWPORT BEACH POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659 -1768 Space above this line for Recorder's use only. RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE VACATION OF A PORTION OF AN EXISTING 12 -FOOT WIDE SEWER AND WATER EASEMENT AND THE ACCEPTANCE OF A RELOCATED 12 -FOOT WIDE SEWER AND WATER EASEMENT AT 1600 NEWPORT CENTER DRIVE; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach has received a request from The Irvine Company to relocate an existing 8 -inch water main as a part of a new multi -story office building development at 1600 Newport Center Drive; and WHEREAS, the City has existing sewer and water easements of various widths at 1600 Newport Center Drive; and WHEREAS, the relocation of an existing 8 -inch water main in this easement will involve the abandonment of an existing portion of a 12 -foot wide sewer and water easement and the acceptance of a new 12 -foot and 21 -foot wide sewer and water easement; and WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8300 of the Street & Highways Code) is authorized to vacate portions of public easements; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring its intent to vacate and accept easements on the property and has determined that the proposed vacation and acceptance is consistent with the General Plan; and WHEREAS, with the new sewer and water easement, the vacated sewer and water easement is unnecessary for future sewer and water purposes; and WHEREAS, a Notice of Vacation was published for at least two (2) successive weeks prior to the hearing in a newspaper of general circulation in the City of Newport Beach;and WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of the proposed vacation were conspicuously posted adjacent to the easement, and that Notices were posted not more than three hundred feet (300') apart along the property frontage on East Coast Highway. The notices stated the day, hour, and place of the hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the sewer and water easements legally described in Exhibit "A" and shown in Exhibit "B" are hereby ordered vacated and abandoned. BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the sewer and water easements legally described in Exhibit "A" and shown in Exhibit "B" of the attached Grant of Easement for Sewer and Water Purposes form are hereby accepted. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution and easement documents recorded by the Orange County Recorder. Adopted this 12th day of June, 2007. ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach EXHIBIT "A" PARTIAL ABANDONMENT OF EXISTING WATER EASEMENT THAT PORTION OF PARCEL 1 DESCRIBED IN A "GRANT & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, COUNTY RECORDER OF SAID COUNTY, AND ALSO LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED STRIP OF EASEMENTS FOR SEWER RECORDED OCTOBER 26, RECORDS, LYING WITHIN OF NEWPORT BEACH, FILED IN BOOK 316, IN THE OFFICE OF THE WESTERLY AND A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF SAID PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; NORTH 60 045'00" WEST, 173.48 FEET. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: JAMES O. STEINES, P.L.S. 6086 REVISED APRIL 19, 2007 APRIL 17, 2007 J.N. 2042 305021 1 OF 1 V:\PROIECTS \13050.201 URMAP \UOC\LEG.ALS\CITY WATER QUITCLAIM (SYME001 ZI9),IpC EXHIBIT „B" SHEET 1 OF 2 A PORTION OF PARCEL 3 OF PARCEL MAP NO. q4 -102, P.M.B. 31G / 3 -G, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA PARTIAL ABANDONMENT OF EXISTING WATER EASEMENT P M. NO P A�CE� 1 1'20 / J� Jw i JP � F4 \P N SCALE: 1" = 100' INDEX MAP 1 '* ,% 14 2 @ INDICATES SHEET NO. % to , 'o Ste; JAMES 0. STEINES, PLS G08G Q \A. NO 102 � 2 Q P rj � �1 \ Q P�G� PORTION OF°� 1� O.R. lggB07205q3 TO BE ABANDONED ®® ?o -Z co ra "F� 'y �:. rF+obi` F� .o LAND Sr E>p.12/31ro7 No. 6086 8:04.18 AM PDT p EXHIBIT "B„ SHEET 2 OF 2 PARTIAL ABANDONMENT OF EXI5TING WATER EASEMENT NO� PORTION OF O.R. 19980720593 TO BE ABANDONED Pq� 1�0-6 0. CF�7 1� l� 3 SCALE: 1° = 50' QPFG h I P \4) \ 1 \ PT1i „A„ 5TRP 1 x . \0 sl N93 m \1\ "13" \ PT RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH CITY CLERK POST OFFICE BOX 1768 Newport Beach, CA 92659 -1768 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code - Section 6103) GRANT OF EASEMENT FOR SEWER AND WATER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Irvine Company L' LAC, a Delaware limited liability company, owner(s) of certain real property described herein situated in the City of Newport Beach, County of Orange, State of California, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, exclusive easements for the construction, reconstruction, operation, maintenance and repair of sewer and water facilities and appurtenances, in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this document. Dated: C4.,, S "60 7 Signature ` EKA� ra Mark C. Middlebrook Senior Vice President, Project Management Commercial Property Development Investment Properties Group eirp'l-ost Signature Vincent P. Hayes Vice President, Finance Commercial & Multi - Family Development Investment Properties Group CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c Ica. _a. ---------- _n. n.. State of California } ss. County of Orange J On May 8, 2007 before me, Sandra L. Erickson, Notary Public Date Name and TOe of Officer (e.g., "Jane Doe, Notary Public') personally appeared Mark C. Middlebrook and Vincent P. Hayes Name(s) of Signer(s) !Ppersonally known to me 0 p`^ ad in rr,a cip the barit; Qf ��e to be the persons •whose name(�-is/ere subscribed to the within instrument and acknowledged to me that heFs /they executed the same in his/her /their authorized capacity ft, , and that by hielker /their signature(§1 on the instrument the person(yj or the entity upon behalf of which the person(,s� acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signatur of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach Grant of Easement Document Date: Signer(s) Other Than Named Above: 8,2007 Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Off icer— Title(s):_ • Partner — LJ Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OFSIGNER 0 Number of Pages: Signer's Name: • Individual • Corporate Officer — Tdie(s):_ LJ Partner — ❑ Limited LJ General LJ Attorney in Fact LJ Trustee LJ Guardian or Conservator LJ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER z «v ✓ %vr�.r:`✓r�rm,.'z az�:r,1:�r�az:��r��<.�� va:v � fir.✓ ✓ � ✓ Vtir�ti ✓r✓ ✓r�rrr:>r��r crr:�r >� ✓�a�a�c �z -� EXHIBIT "A" WATER EASEMENT THOSE PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 316, PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: STRIP l: A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; NORTH 60 045'00" WEST, 163.32 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT °Z "; CONTINUING NORTH 60045'00" WEST, 10.50 FEET. STRIP 2: A STRIP OF LAND 21.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Z "; THENCE, SOUTH 29 015'00" WEST, 19.55 FEET. EXCEPING THEREFROM THAT PORTION INCLUDED WITHIN SAID STRIP 1. 1 OF 2 VpPROMCTS \1305020\UR P \MOLEG.ALS \CITY WATER -SS ESMT(SYME0014.16). O EXHIBIT "A" WATER EASEMENT ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. � s UNDER THE DIRECTION OF: EV.12131MI tio.06 0 .1 74-1 JAMES O. STEINES. P.L.S. 6086 REVISED MAY 23, 2007 APRIL 17, 2007 J.N. 2042 305021 2 OF 2 V:WOIECf M0502MSVR PID OLEGALS\CITY WATER -SS FSMT(SYME0014- 16).OfN.'. EXHIBIT »B» SHEET 1 OF 3 PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 94 -102, P.M.B. 31G / 3 -6, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER EASEMENT ? A. NO P A�CE� 1 PMT. 152 / 11 20 P ARCED � / / ( STRIP P� SCALE, 1" = 100' A Pw �� F \l INDEX MAP ` 2 1 INDICATES SHEET NO. ♦® \ - t'IMA, r) -Sh� JAMES 0. INES, PL5 6086 Q N'� • . NO 102 2 2 j STRIP 1 y) �co \ \4) r e Q beoo \� \ 1 �, co N \\ ° o 1 . j // / i TF \��pLL11ND�9 \ c EV. UAW VA 60 9�OF CAS ��\p 12:06.15 PM PDT P� EXHIBIT "B" WATER EASEMENT SEE v SHEET 3 \ 0. Q \'�. NO Q PF�Gl� LINE TABLE NO. I BEARING DISTANCE Ll 540'3233"W 38.96' I JP SHEET 2 OF 3 P.O.B. \ STRIP 1 ✓\ \ o N4. N� \\ \ o P \\ \ \ PT "A" P.O.G. STRIP 1 \ x �Jp PRGE� 2 \ � \ 0 O 0. �c 9 \ \ \\ 70 C m r ✓ \ \ 01 � JO ✓ b \\\ OtS \r12 \ 3 �.Co 1� / t SCALE: 1" = 50' 'B" CO P AR 4 PT �pfERE 5q3 gga0T20 l PARCEL 3 AP \DWG \SYME0015.dwg 5123/2007 12.09:18 PM PDT PM A EXHIBIT 191399 5HEET 3 OF 3 WATER EASEMENT Np . A�OE� 1 M� 52 / 1'20 1 N N 2 5GALE: 1" = 50' L1 \ N6 \00, RAF � LINE TABLE RING DISTANCE '00 "W 19.55' �c L NO. BEA Ll 529'15 4Sl c \ \\ 12 ��' 3 '� \\ \ O ePSG N� \ \ \Qo \1 5 RIP 1 \ 3 e \� �� 1 I? PSG P.O.B. STRIP 1 PT "A" 's. \0 \\ \\ 93 1 \ SEE SHEET 1 `\ 2 12:11:29 PM PDT , A hy- % PR( LJNI 'X & �i rr NI OF EXISTING VA N& fi BE INNI\tNNI 4 K ♦ % 4� % % % % Yl % E % CO % N. N\ M EXISTING WATER EASEMENT TO REM41N �j -,- EXISTING WATER EASEMENT TO RE REMOVED PROPOSED WATER EASEMENT REALIGNMENT z ......... . 113 7t % Description: PROPOSED MODIFICATION TO WATER E45EUEN STAIMC CONSULTING INC. 0 19 TKHNCI00Y DRIVE IRVINE, CA 92616 StafflICK 949.923.6000 Job No.: 2042 305021 7 t CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 14 May 22, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Rodi Almendralo 949 - 644 -3334 or ralmendralo @city.newport- beach.ca.us SUBJECT: VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600 EAST COAST HIGHWAY DEVELOPER: The Irvine Company RECOMMENDATIONS: 1. Hold public hearing and close public hearing for the vacation of an existing sewer and water easement. 2. If desired, (a) adopt a Resolution ordering the vacation of an existing sewer and water easement and the acceptance of new sewer and water easements at 1600 East Coast Highway, (b) direct staff to process the vacation and acceptance of said easements, and (c) direct the City Clerk to have the Resolution and easement documents recorded by the Orange County Recorder. DISCUSSION: The Irvine Company, property owner of 1600 East Coast Highway, submitted building plans to construct a new multi -story office building on an existing parking lot site. Part of the development will require the relocation of an existing City 8 -inch water main located in an existing 12 -foot wide sewer and water easement on the property. The City has various widths of sewer and water easements throughout The Irvine Company property to serve the existing office buildings. In order to relocate the existing City 8 -inch water main to accommodate the new office building, a portion of the existing 12 -foot wide sewer and water easement on the property will need to be vacated and a new sewer and water easement will need to be granted to the City. The portion of the sewer and water easement to be vacated and granted to the City are legally described in .Exhibit "A" and shown in Exhibit "B" of the attached Resolution. The Irvine Company will relocate the existing City water main as a part of this development. EXHIBIT "A" PARTIAL ABANDONMENT OF EXISTING WATER EASEMENT THAT PORTION OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER • & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, LYING WITHIN PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 316, PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND ALSO LYING WESTERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED STRIP: A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF SAID PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; 6 NORTH 60 045'00" WEST, 173.48 FEET. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD. IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: JAMES O. STEINES, P.L.S. 6086 REVISED APRIL 19, 2007 APRIL 17, 2007 J.N. 2042 305021 1 OF 1 V ;TROIEC[51IM1 .2 URMAPDO�ALSX= WATER QMCLMM(SYM 17- 191.DOC EXHIBIT 1399 SHEET 1 OF 2 A PORTION OF PARCEL 3 OF PARCEL MAP NO. 94 -102, P.M.B. 31G / 3 —G, IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA • PARTIAL ABANDONMENT OF EXISTING WATER EASEMENT P.M. No 1� -2J PMT /ARGti- 3 / 1a'j04 ARGti� 1 1P2 q� . Np . QM� z e PSG PORTION OF O R 19980720593 P PSG TO BE ABANDONED �� 1 Cp SCALE, 1" = 100' roy f s INDEX MAP �F y 1'h ,P2 2 ( INDICATES SHEET NO. C c�N�LANDS�i o S'--L JAME5 O. 5TEINE5, PI-5 GOBG Eq.12191A7 Na 6086 8-04.18 AM PDT EXHIBIT "B" PARTIAL ABANDONMENT OF V05TING WATER EASEMENT \AO \O4s � °O' 1y PORTION OF O.R. 19980720593 TO BE ABANDONED N SCALE, T' = 50' Q PSG !,,L-'Y, 102 P.O.G. - STRIP 1 3 co 1� / e M4 8:04:57 Aid PDT o `o. SHEET 2 OF 2 P PSG ,T ..A.. yQRGEti 2 `o N9 , N2' PT • 1 �- RECORDING REQUESTED AND • WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH CITY CLERK POST OFFICE BOX 1768 Newport Beach, CA 92659 -1768 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR SEWER AND WATER PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Irvine Company tl.C, a Delaware limited liability company, owner(s) of certain real property described herein situated in the City of Newport Beach, County of Orange, State of California, hereby grant(s) to the CITY OF NEWPORT BEACH, a municipal corporation, exclusive easements for the construction, reconstruction, operation, maintenance and repair of sewer and water facilities and appurtenances, in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of • this document. Signature Signature • Mark C. Middlebrook Senior Vice President, Project Management Commercial Property Development Investment Properties Group ne"1611C.-.1 App; 11%1� '4 _ . Vincent P. Mayes r/ Vice President, Finance Commercial & Multi - Family Development Investment Properties Group CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 �K:i :. cai 7i.7i n n 'l, i?<:Tt. � T:$t!� ?n a .00R ? 2'� �t 7 '�t::X A� AN'<[�.2L�^•�t!' -�J,3i . 'T. <aJ'6L�'.�L?; State of California } ss. County of grange J On May 8, 2007 before me, Sandra L. Erickson, Notary Public Date - Name aM We of Officer (e.g..'Jare Doe. Ne q Ptbl'w') personally appeared Mark C. Middlebrook and Vincent P. Hayes Nameta) of Slgnerls) Eft personally known to me Si1i1 L RId�ON p IIAN ulorr 000DN to be the personMwhose nameu- isfare subscribed Nptgy pum _ Catania to the within instrument and acknowledged to me that bwnpe County heABM /they executed the same in hls/ber/their • � authorized capacity ies , and that by hiell4er/their signatureW on the instrument the person(sj, or the entity upon behalf of which the person($; acted, executed the instrument. WITNESS my hand and official seal. • Place NO ry Seel Above 7 a ';;;;(— Y , r SIgrwW O Newry Public OPTIONAL Though the information below is not required bylaw, R may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of Newport Beach Grant of Easement Document Date: Signer(s) Other Than Named Above: 8, 2007 Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer — Title( &): ❑ Partner —❑ Limited ❑ General i Attorney in Fact Trustee Guardian or Conservator Other. Signer Is Representing: RIGHT THIJrtd BP RINT Or SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Tifie(s)i ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THIJIMIPRINT - I OFSIGNER.___.. Y1,V <w 0 ­A AM wa.: J :.� .'.: nl. !% ' ✓' �.l t. /.> `V: \V /.>J; <•V],V! :v /.w :�V��u : "v CLJ�.. :�LJ�..�nJi. :`V : :LJ... :w :}.J.aC���. �V � :�Y,� i _Y: `:.\ _�i iv>v>v := \:2�.1 :1'.16, •e :j:/ J EXHIBIT "A" SEWER AND WATER EASEMENTS • THOSE PORTIONS OF PARCEL 3 OF PARCEL MAP NO. 94 -102, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 316, PAGES 3 THROUGH 6, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:' STRIP 1: (WATER EASEMENT) A STRIP OF LAND 12.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" ALONG THE CENTERLINE OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID CENTERLINE OF PARCEL 1, NORTH 15 045'00" WEST, 100.00 FEET TO THE POINT OF BEGINNING; THENCE, TRAVERSING THE INTERIOR OF SAID PARCEL 3 OF PARCEL MAP NO. 94 -102, THE FOLLOWING COURSES: NORTH 15 045'00" WEST, 61.32 FEET; • NORTH 60 045'0.0" WEST, 163.32 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "Z "; CONTINUING NORTH 60 045'00" WEST, 10.50 FEET. STRIP 2: (WATER EASEMENT) A STRIP OF LAND 21.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREINABOVE DESCRIBED POINT "Z "; THENCE, SOUTH 29 015'00" WEST, 19.55 FEET. EXCEPING THEREFROM THAT PORTION INCLUDED WITHIN SAID STRIP 1. STRIP 3: (SEWER EASEMENT) A STRIP OF LAND 15.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: •COMMENCING AT POINT "B" ALONG SAID CENTERLINE OF PARCEL 1 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF 1 OF 2 v:aRaJWsiww.WSUP- umooaXGAISKa" WAMRn S R W(SYnMEOiais).DOC EXHIBIT "A" SEWER AND WATER EASEMENTS NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS; THENCE, ALONG THE CENTERLINE OF PARCEL 3 DESCRIBED IN SAID "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS, SOUTH 40 032'33" WEST, 26.64 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 45 053'40" WEST, 207.34 FEET. EXCEPING THEREFROM THAT PORTION INCLUDED WITHIN SAID PARCEL 3 DESCRIBED IN A "GRANT OF EASEMENTS FOR SEWER & WATER PURPOSES" TO THE CITY OF NEWPORT BEACH RECORDED OCTOBER 26, 1998 AS INSTRUMENT NO. 19980720593 OF OFFICIAL RECORDS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC p. S ND PREPARED UNDER THE DIRECTION OF: Tf /y� tyOP M0.5088 * JAMES O. STEINES, P.L.S. 6086 APRIL 17, 2007 J.N. 2042 305021 2 OF 2 V:TROlEC 1"50.X URMAMDWLEGALSIC WAnR- SEW(SYMFL W6).DM • • • EXHIBIT "B"t 5HEET 1 OF 3 PORTION5 OF PARCEL 3 OF PARCEL MAP NO. 94 -102, P.M.B. 316 / 3 -6, IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA • 5EWER AND WATER EA5EMENT5 . NIq_,p4 p- P M• AROti� 1 152 / ARGti� 3 / OJ v`'o PoP P 5CALE: I" = 100 INDEX MAP I ` 2 1 INDICATE5 5HEET NO_ 1�2 AAA Np . e \'\- ' ,-v 2 Q P�� 5TRIP 2`\ \ Q P `♦ ® �" 5TRIP 1 e M� i S I C, 2 O �'� 76 9 y� 4SJ. \ -5TRIP 3 ```` �o 1 Cp N \ 11 l V 5 -L' JAMES O. 5TEINE5, PL5 GOBG 5YME001 \ro STh/ \O �rc � qr rF !� h rADsUn,_ \ i Fxp.12/31(Ol No.6086 STANTEC CONSULTING INC. 9� OF CA��FO�C\P _._, ___ .............. IRVINE, CAO922618 RIPE StanteC 949.923.6000 712007 3.51.24 PM POT J.N. 2042 305021 DATE: 4/17/07 SEE EXHIBIT "B" SEWER AND WATER EASEMENTS v SHEET 3 \�\ \ \76`` k.3 cez I \ NO - LINE TABLE NO. BEARING D15TANGE L1 540'32'33 "W 38.96' 5HEET 2 OF 3 e PSG s RP 1 / �.(0 1 1 31Co 3 10 1 °- 11 \ 1 PT "A" P_O.G. STRIP 1 1 2 ��Pp¢GEL 2 0 v 1 O u O �c N� 1 11 j0 � s9 1\ 1 9 ox Vk 5GALEj 1" = 50' \\ \-� STRIP 3 PT "B" 3 \ \R\ \ C0 P.O.B. \ 4S� 5TMP 3 \ q} 44, V. \projects \13050.20 \SURAIAP \DWG \SYME0015.dwg 411712007 3.52.12 PM PDT �..C;`j W q %TZD5A3 / 0.• ARGEL 3 EXHIBIT "B" SEWER AND WATER EASEMENTS • lq,1oa N P N1. o - AM 152 NO q ? M • �� 2 I? PSG ro PT "T' �L] \ \ \ \ 3'32\ \/ \ ONE TABLE RING DISTANCE \ \ 1�N. o. '00 "W ]9.55' � �c L NO. BEA L] 529']5 Jp r 'QS T coq 4r ST �� 3 ? PF2G 3 ? M�- SHEET 3 OF 3 i 5GALE: V = 50' ;v: 0. 1 P.O.G. STRIP >1 ` STRIP 3 SEE SPIFFY Iwg 4/17/2007 3:53:27 PU PDT ? PSG P.O.B. 5TRIP ] 2 9 p`1 11 � O t" 1 N to 1111 pia IIw 2 �1`1,