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Home My WebLink AboutC-7137-1 - Grant of Drainage Easement and AgreementDocument -3 765599 -Page -1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 Newport Beach, CA 92658-1768 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111 ll111111111111111111111111111111111111111111l111111lllll1111111 NO FEE -$ R 0 0 0 9 4 8 z 7 7 1$ 2017000340682 2:18 pm 08/11117 47 NC -5 G01 Al2 11 0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00 Recording Fee: Exempt (Space above this line for Recorder's use) (Government'Code—Section 21383 GRANT OF DRAINAGE EASEMENT AND AGREEMENT THIS GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Agreement") is entered into this 14th day of August, 2017, by and among the City of Newport Beach, a California municipal corporation and charter city ("City') and John Clinton Manly, IV and Jill Apperson Manly, as Co -Trustees of the Manly Family Trust established May 12, 2008 ("Owner"). `.City and Owner are sometimes referred to herein individually as a "Party' or collectively as the "Parties." RECITALS A. The City is a municipal corporation organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Owner is the vested owner of the real property located at 2612 Mesa Drive in the City of Newport Beach, Orange County Assessor's Parcel Number 439-051-06 ("Property"). C. On April 25, 2015, the Parties, along with the County of Orange and William Buck Johns. and Elizabeth Colleen Johns, as Co -Trustees of the Johns Living Trust established August 13, 2007, entered into a Cooperative Agreement for Mesa Drive Drainage Improvements Project ("Cooperative Agreement"), to address the fact that some of the drainage on Mesa Drive and properties north of Mesa Drive have historically flowed across the Property, the natural drainage course that runs along the Property has progressively eroded material over many decades, that erosion is progressively headcutting toward Mesa Drive and, if left uncontrolled, could eventually undercut the roadway, the eroded sediment has been carried into and deposited in Upper Newport Bay ("Bay'), and, if left uncontrolled, storm flows could begin to disturb native riparian plants growing along the Bay. As a result, the Parties expressed their intent to construct a storm drain and catch basins on Mesa Drive to safely convey drainage across the Property, and construct a wetlands at the downstream end of the storm drain system as a good water quality management practice to buffer negative impacts of urban runoff to the Bay ("Project"). about:blank 08/11/2017 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 Newport Beach, CA 92658-1768 Recording Fee: Exempt (Space above this line for Recorder's use) (Government'Code —Section 1383 GRANT OF DRAINAGE EASEMENT AND AGREEMENT THIS GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Agreement") is entered into this 14th day of August, 2017, by and among the City of Newport Beach, a California municipal corporation and charter city ("City") and John Clinton Manly, IV and Jill Apperson Manly, as Co -Trustees of the Manly Family Trust established May 12, 2008 ("Owner"). .City and Owner are sometimes referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The City is a municipal corporation organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Owner is the vested owner of the real property located at 2612 Mesa Drive in the City of Newport Beach, Orange County Assessor's Parcel Number 439-051-06 ("Property"). C. On April 25, 2015, the Parties, along with the County of Orange and William Buck Johns and Elizabeth Colleen Johns, as Co -Trustees of the Johns Living Trust established August 13, 2007, entered into a Cooperative Agreement for Mesa Drive Drainage Improvements Project ("Cooperative Agreement"), to address the fact that some of the drainage on Mesa Drive and properties north of Mesa Drive have historically flowed across the Property, the natural drainage course that runs along the Property has progressively eroded material over many decades, that erosion is progressively headcutting toward Mesa Drive and, if left uncontrolled, could eventually undercut the roadway, the eroded sediment has been carried into and deposited in Upper Newport Bay ("Bay"), and, if left uncontrolled, storm flows could begin to disturb native riparian plants growing along the Bay. As a result, the Parties expressed their intent to construct a storm drain and catch basins on Mesa Drive to safely convey drainage across the Property, and construct a wetlands at the downstream end of the storm drain system as a good water quality management practice to buffer negative impacts of urban runoff to the Bay ("Project"). D. In furtherance of the intent of the Project and the Cooperative Agreement, Owner has agreed to provide temporary construction and right of entry easements for the design and construction of the Project. Such temporary construction and right of entry easements are being provided via separate written instruments. E. In fulfillment of the terms and conditions of the Cooperative Agreement, Owner desires to grant to City, at no cost to City, a perpetual and irrevocable drainage easement in, on, under, and across the portion of the Property described and depicted in Exhibit A, incorporated herein by reference, for the maintenance, repair, and replacement of the storm drain system, catch basins, and appurtenances thereto installed and constructed for the Project. GRANT AND AGREEMENT NOW, THEREFORE, City and Owner agree: 1. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner grants City an exclusive easement for drainage and related purposes for the maintenance, repair, and replacement of the Project improvements, including the storm drain system, catch basins, and appurtenances thereto, in, over, under, along, on, and across that portion of the Property described and depicted in Exhibit A ("Easement Area"). 2. The above recitals are true and correct and incorporated into the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement be executed on the dates written below. CITY OF NEWPORT BEACH, a California Municipal Corporation Date: _ 1�,) ifl-g. By: 1 o L—" Dav iff, City Manager ATI Dat 0 Manly Family Trust Grant of Drainage Easement and Agreement 2 APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: `i--' /I 7 By: K— / Ver Aaron C. Harp, City Attorney oil OWNER: 2612 Mesa Drive, Newport Beach: Date: la Signed in Counterpart John Clinton Manly, IV, Co -Trustee of the Manly Family Trust established May 12, 2008 Date: t-0 Signed in Counterpart Jill Apperson Manly, Co -Trustee of the Manly Family Trust established May 12, 2008 Attachment: Exhibit A — Easement Area [END OF SIGNATURES] Manly Family Trust Grant of Drainage Easement and Agreement 3 APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: ��'I7 By: Aaron C. Harp, City Attorney oil OWNER: 2612 Mesa Drive, Newport Beach: Date: v9 I() Loi By: JvW Clinton Manly, IV, Co -Trustee the Manly Family Trust establishe May 12, 2008 Co -Trustee of /the Manly Family Trust establi71 May 12, 2008 Attachment: Exhibit A — Easement Area [END OF SIGNATURES] Manly Family Trust Grant of Drainage Easement and Agreement 3 ACKNOWLEDGMENT 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 2+A,.72[Q ) On 8%10/2-0)1 before me, Troy Bowman, Notary Public (insert name and title of the officer) personally appeared ,J OIW C Ll 47%1 JV e at u Aoy&:LS0,1 Mm, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that halsge/they executed the same in his/her/their authorized capacity(ies), and that by hiefher/their signature(s) on the instrument the person(s), 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. TROY BOWMAN WITNESS my hand and official seal. e ; COMMISSION N 2+02982 E. Notary Public - Caliloml a ORANGE COUNTY My Camm, Expire6 May 7.2021 Signature (Seal) State of California County of On Public, personally appeared ACKNOWLEDGMENT ss. before me, Notary , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), 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 State of California County of On Public, personally appeared ACKNOWLEDGMENT ss. before me, (seal) Notary , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), 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) Manly Family Trust Grant of Drainage Easement and Agreement 4 Exhibit A Easement Area Manly Family Trust Grant of Drainage Easement and Agreement A-1 1 EXHIBIT "A" 3 LEGAL DESCRIPTION 5 BAYVIEW HEIGHTS 6 DRAINAGE PIPELINE EASEMENT 8 That certain parcel of land situated in the City of Newport Beach, County of Orange, State of 9 California, being those portions of Parcels 1 and 2 of that certain Grant Deed to John C. Manly and 10 Jill A. Manly recorded February 17, 2015 as Instrument No. 2015000084570 of Official Records, in 11 the Office of the County Recorder of said Orange County, lying within a strip of land of variable 12 width, the centerline of which is described as follows: 13 14 COMMENCING at the intersection of the centerline of Mesa Drive with the centerline of Cypress 15 Street as shown on Record of Survey 2013-1134 filed in Book 273, Pages 36 through 44 of Records 16 of Surveys in said Office of the County Recorder of Orange County; thence along said centerline of 17 Mesa Drive South 49°22'16" East 1158.91 feet to the easterly boundary line of Parcel 1 as shown on 18 a map filed in Book 21, Page 8 of Parcel Maps, in said Office of the County Recorder of Orange 19 County, said point being marked by a spike and washer stamped "Orange County Surveyor 6191R1" 20 as shown on said Record of Survey; thence along said easterly boundary line South 40°37'44" West 21 30.00 feet to the southwesterly right-of-way line of said Mesa Drive as shown on said Parcel Map; 22 thence along said southwesterly right-of-way line North 49°22'16" West 47.66 feet to the TRUE 23 POINT OF BEGINNING; thence leaving said southwesterly right-of-way line South 04°19'59" East 24 18.28 feet to a point hereinafter referred to as Point "A"; thence continuing South 04° 19'59" East 4.65 25 feet to the beginning of a tangent curve concave northwesterly and having a radius of 90.00 feet; thence 26 along said curve southerly 61.78 feet through a central angle of 39°19'59"; thence tangent from said 27 curve South 35°00'00" West 17.57 feet to a point hereinafter referred to as Point "B"; thence 28 continuing South 35°00'00" West 15.00 feet to a point hereinafter referred to as Point "C"; thence 29 continuing South 35000100" West 41.54 feet to the beginning of a tangent curve concave southeasterly 30 and having a radius of 90.00 feet; thence along said curve southwesterly 31.42 feet through a central 31 angle of 20°00'00"; thence tangent from said curve South 15°00'00" West 256.51 feet to the northerly 32 line of the land described in that certain Corporation Grant Deed to the County of Orange recorded 33 February 26, 1969 in Book 8885, Page 409 of Official Records, in said Office of the County Recorder 34 of Orange County. 35 36 Said strip of land shall be 20.00 feet wide, lying 5.00 feet easterly and 15.00 feet westerly of said 37 centerline, between the true point of beginning and Point "A"; 10.00 feet wide, lying 5.00 feet easterly 38 and 5.00 feet westerly of said centerline, between Points "A" and `B"; 28.00 feet wide, lying 10.00 39 feet easterly and 18.00 feet westerly of said centerline, between Points `B" and "C"; and 20.00 feet 40 wide, lying 10.00 feet easterly and 10.00 feet westerly of said centerline, between Point "C" and the 41 terminus of this strip. 42 43 The sidelines of said strip shall be lengthened or shortened so as to terminate northerly in said easterly 44 boundary line of said Parcel Map and southerly in said northerly line of the land described in Book Page I of 2 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Bayview Heights Drainage Pipeline Easement Exhibit "A" 8885, Page 409 of Official Records, in said Office of the County Recorder of Orange County. CONTAINING: 6,109 Square Feet, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT `B" attached and by this reference made a part hereof. Kevin D. MacDonald, L.S. 8431 Date Michael Baker International 5 Hutton Centre Drive, Suite 500 Santa Ana, California 92707 JN 145986 H:\pdata\145986\Admin\Legals\145986-Pipeline Lgl_2612 Mesa Dr.docm Page 2 of 2 r N0. % 8431 0 I— wLLI w (L 8 m P.O.C. _ MESA DRIVE 9 2'16"W) S49 -22'16"E 1158.91' SW'LY RIGHT=OF-WAY LINE-\,-- PARCEL INE PARCEL 1 PARCEL MAP, P.M.B _ �E'LY BOUNDARY LINE T.P.O.B, P.M.B. 21/8 L2 --1 — —--------- POINT "A" \ I PARCEL, 1 GRANT DEED 5� 1NST, No. 20151000084570, O.R. 21/8 POINT "B r 18 L POINT "C" E'LY BOUNDARY LINE P.M.B. 21/8 CURVE DATA TABLE LINE DATA TABLE NO. BEARING LENGTH L1 S40037'44"W 30.00' L2 N49022'16"W 47.66' L3 SO4019'59"E 22.93' L4 SO4019'59"E 18.28' L5 S35°00'00"W 74.11' L6 S35°00'00"W 17.57' L7 S35000'00"W 15.00' L8 S35000'00"W 41.54' L9 S15000'00"W 256.51' _ �E'LY BOUNDARY LINE T.P.O.B, P.M.B. 21/8 L2 --1 — —--------- POINT "A" \ I PARCEL, 1 GRANT DEED 5� 1NST, No. 20151000084570, O.R. 21/8 POINT "B r 18 L POINT "C" E'LY BOUNDARY LINE P.M.B. 21/8 CURVE DATA TABLE NO. DELTA RADIUS LENGTH Cl 39°19'59" 90.00' 61.78' C2 20°00'00" 90.00' 31.42' EXHIBIT "Bn SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR BAYVIEW HEIGHTS DRAINAGE PIPELINE EASEMENT CONTAINING: 6,109 S.F. +l - LEGEND ( ) RECORD DATA PER RECORD OF SURVEY 2013-1134, R.S.B. IN 273/36-44 • SPIKE & 1 1" WASHER STAMPED "ORANGE COUNTY SURVEYOR 6191R1" PER RECORD OF SURVEY 2013-1134, R.S.B. 273/36-44 – SEE SHEET 2 – SHEET 1 OF 2 SHEETS INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949)472.3505• MBAKERINTL.COM JULY 7. 2017 .N 14506 - SEE SHEET 1 - I I _ I I I� IJ I 1� N NOTE SEE SHEET 1 FOR LEGEND AND DATA TABLES PARCEL 1 GRANT DEED INST. N0, 2015000084570, 0. J Y Of -ct 00 OZ N \ M m J O w oo. 00 PARCEL 1 PARCEL MAP, P,M.B. 21/8 ,o \ �0 EXHIBIT °Bn SKETCH TO ACOOMPANY A LEGAL DESCPoPnON FOR BAYVIEW HEIGHTS DRAINAGE PIPELINE EASEMENT CONTAINING: 0,109 S.F. +/- PARCEL 2 GRANT DEED 1NST, N0, 20115000084570, O,R. \ / NORTHERLY LINE BOOK 8885/409, O.R. SHEET 2 OF 2 SHEETS INTERNATIONAL 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 (949)472.3505• MBAKERINTL.COM JULY 7, 2017 JN 145986