HomeMy WebLinkAboutC-8175-2 - William Buck and Elizabeth Colleen Johns, Co-Trustees of the Johns Living TrustDocument -3765598 -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
Recording Fee: Exempt -
(Government Code —section '2_7-3b3
Page 1 of 1
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIJ III IIIIIIIIIIIIIIIIIII III NO FEE
+$ R 0 0 0 9 4 R 2 7 7 0$ R
20170003406812:18 pm 08/11/17
47 NC -5 G01 Al2 11
0.00 0.00 0.00 0.00 30.00 0.00 0.00 0.00
(Space above this line for Recorder's
GRANT OF DRAINAGE EASEMENT AND AGREEMENT
THIS GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Agreement") is
entered into this 14"' day of August, 2017, by and among the City of Newport Beach, a
California municipal corporation and charter city ("City') and William Buck Johns and Elizabeth
Colleen Johns, as Co -Trustees of the Johns Living Trust established August 13, 2007
("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 2600 Mesa Drive in the City of
Newport Beach, Orange County Assessors Parcel Number 439-051-05 ("Property').
C. On April 25, 2015, the Parties, along with the County of Orange and John Clinton
Manly, IV and Jill Apperson Manly, as Co -Trustees of the Manly Family Trust
established May 12, 2008, 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 ?L -13b3
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 William Buck Johns and Elizabeth
Colleen Johns, as Co -Trustees of the Johns Living Trust established August 13, 2007
("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 2600 Mesa Drive in the City of
Newport Beach, Orange County Assessor's Parcel Number 439-051-05 ("Property").
C. On April 25, 2015, the Parties, along with the County of Orange and John Clinton
Manly, IV and Jill Apperson Manly, as Co -Trustees of the Manly Family Trust
established May 12, 2008, 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:
By: G -
Dave iff, City Manag�X
ATTEST:
Date: C-11.11
By: MA NVM4<
Leilani . Brown, Ci y Clerk
Johns Living Trust Grant of Drainage Easement and Agreement 2
APPROVED AS TO FORM:
CITY ATTORNEY'S O FICE
Date: /�
By:
Aaron C. Harp, City Attorney alb
OWNER:
2600 Mesa Drive, Newport Beach:
Date:
0
Signed in Counterpart
William Buck Johns, Co -Trustee of
the Johns Living Trust established August 13, 2007
Date:
VA
Signed in Counterpart
Elizabeth Colleen Johns, Co -Trustee of
the Johns Living Trust established August 13, 2007
Attachment: Exhibit A — Easement Area
[END OF SIGNATURES]
Johns Living Trust Grant of Drainage Easement and Agreement 3
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:�'�
Aaron C. Harp, City Attorney ell
OWNER:
2600 Mesa Drive, Newport Beach:
Date: m/i 7 _
[am Buck-3Mns, Cd -Trustee of
Johns Living T st established August 13, 2007
Date: 7
`ElizaColleen Johns, Co -Tru e of
the Johns Living Trust established August 13, 2007
Attachment: Exhibit A — Easement Area
[END OF SIGNATURES]
Johns Living 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 oa4-lR-ei )
On Sbo / 2-o/ 7 before me, T oy (33yvmR./i /6st"� P\jGLtc
(insert name and title of the officer)
personally appeared WtW-1NN1 13vGk SoN+JS i CLi?'4r36T4 GI-Li4J 71
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�heir authorized capacity(ies), and that by his/her/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 It
COMMISSION / 2192362
WITNESS my hand and official seal. E Notary Public - Calilomia
ORANGE COUNTY
My Comm Expires 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)
Johns Living Trust Grant of Drainage Easement and Agreement 4
Exhibit A
Easement Area
Johns Living Trust Grant of Drainage Easement and Agreement A-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 that portion of Parcel 1 as shown on a map thereof filed in Book 21, Page 8 of Parcel
10 Maps, in the Office of the County Recorder of said Orange County, lying within a strip of land of
11 variable width, the centerline of which is described as follows:
12
13 COMMENCING at the intersection of the centerline of Mesa Drive with the centerline of Cypress
14 Street as shown on Record of Survey 2013-1134 filed in Book 273, Pages 36 through 44 of Records
15 of Surveys in said Office of the County Recorder of Orange County; thence along said centerline of
16 Mesa Drive South 49'22'16" East 1158.91 feet to the easterly boundary line of said Parcel 1, said point
17 being marked by a spike and washer stamped "Orange County Surveyor 6191R1" as shown on said
18 Record of Survey; thence along said easterly boundary line South 409744" West 30.00 feet to the
19 southwesterly right-of-way line of said Mesa Drive as shown on said Parcel Map; thence along said
20 southwesterly right-of-way line North 49°22'16" West 47.66 feet to the TRUE POINT OF
21 BEGINNING; thence leaving said southwesterly right-of-way line South 04°19'59" East 18.28 feet
22 to a point hereinafter referred to as Point "A"; thence continuing South 0499'59" East 4.65 feet to the
23 beginning of a tangent curve concave northwesterly and having a radius of 90.00 feet; thence along
24 said curve southerly 61.78 feet through a central angle of 39'19'59"; thence tangent from said curve
25 South 35°00'00" West 17.57 feet to a point hereinafter referred to as Point "B"; thence continuing
26 South 35°00'00" West 15.00 feet to a point hereinafter referred to as Point "C"; thence continuing
27 South 35°00'00" West 41.54 feet to the beginning of a tangent curve concave southeasterly and having
28 a radius of 90.00 feet; thence along said curve southwesterly 31.42 feet through a central angle of
29 20°00'00"; thence tangent from said curve South 15°00'00" West 256.51 feet to the northerly line the
30 land described in that certain Corporation Grant Deed to the County of Orange recorded February 26,
31 1969 in Book 8885, Page 409 of Official Records, in said Office of the County Recorder of Orange
32 County.
33
34 Said strip of land shall be 20.00 feet wide, lying 5.00 feet easterly and 15.00 feet westerly of said
35 centerline, between the true point of beginning and Point "A"; 10.00 feet wide, lying 5.00 feet easterly
36 and 5.00 feet westerly of said centerline, between Points "A" and `B"; 28.00 feet wide, lying 10.00
37 feet easterly and 18.00 feet westerly of said centerline, between Points `B" and "C'; and 20.00 feet
38 wide, lying 10.00 feet easterly and 10.00 feet westerly of said centerline, between Point "C" and the
39 terminus of this strip.
40
41 The sidelines of said strip shall be lengthened or shortened so as to terminate northerly in said
42 southwesterly
Page 1 of 2
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
Bayview Heights
Drainage Pipeline Easement
Exhibit "A"
right-of-way line of Mesa Drive and easterly in said easterly boundary line of said Parcel Map.
CONTAINING: 2,205 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 Pcll PM 21_8.docm
Page 2 of 2
MACpr-
<v NO
r 8431
ww
WICT
a�
U
P.O.C.
_ MESA DRIVE _
- 2'16"W) S49°22'16"E 1158.91'
WILY RIGHT=OF-WAY LINE-�
M T.P.O.B.
POINT "A
00
PARCEL 1
PARCEL MAP, P.M.B. 21/8
w
wl�
Z
LLJ
ma
GO
�E'LY BOUNDARY LINE
P.M.B. 21/8
L2 _
---------
L -i z
5 �2015000084570,
PARCEL 1
5 GRANT DEED
1NST, NO,
POINT "B" \ 28'
18' I 10 O�
POINT "C" -00
J
20' �
E'LY BOUNDARY LINE
P.M.B. 21/8
CURVE DATA
LINE DATA TABLE
NO. DELTA
NO.
BEARING
LENGTH
L1
S40°37'44"W
30.00'
L2
N49022'16"W
47.66'
L3
SO4°19'59"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
S35°00'00"W
41.54'
L9
S15°00'00"W
256.51'
w
wl�
Z
LLJ
ma
GO
�E'LY BOUNDARY LINE
P.M.B. 21/8
L2 _
---------
L -i z
5 �2015000084570,
PARCEL 1
5 GRANT DEED
1NST, NO,
POINT "B" \ 28'
18' I 10 O�
POINT "C" -00
J
20' �
E'LY BOUNDARY LINE
P.M.B. 21/8
CURVE DATA
TABLE
NO. DELTA
RADIUS LENGTH
Cl 1 39°19'59"
90.00' 61.78-
C2 1 20°00'00"
90.00' 31.42'
EXHIBIT nBn
SKETCH TO ACCOMPANY A
LEGAL DESCRIPnON FOR
BAYVIEW HEIGHTS
DRAINAGE PIPELINE EASEMENT
CONTAINING: 2,205 S.F. +/-
LEGEND
( ) RECORD DATA PER RECORD OF
SURVEY 2013-1134, R.S.B.
1!S
273/36-44
SPIKE & 1 J" WASHER STAMPED
"ORANGE COUNTY SURVEYOR 6191R1"
PER RECORD OF SURVEY 2013-1134,
R.S.B. 273/36-44
N
- SEE SHEET 2 -
SHEET I OF 2 SHEETS
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949)472-3505• MBAKERINTL.COM
NOTE
SEE SHEET 1 FOR LEGEND AND DATA TABLES
— SEE SHEET 1 —
I
1
\
PARCEL l
(� GRANT DEED
J \
\ 2d 1NST. NO. 2015000084570, O.R.
o \ \./
oN I \ \
J �
w CL
INST.
PARCEL 1 � \ \\\ \ \
PARCEL MAP, \\
P,M.B, 21/8 ,%\ \
\
p � �
1p \
EXHIBIT "F
SKETCH TO ACCOMPANYA
LEGAL DESMP'nON FOR
BAYVIEW HEIGHTS
DRAINAGE PIPELINE EAotmtn i
CONTAINING: 2,205 S.F. +/-
PARCEL 2
GRANT DEED
NO, 2015000084570, 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