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HomeMy WebLinkAboutC-7347-2 - West Pacific Coast Highway, 3333 and 3335 - Grant of Easement for Public Access 2018Batch 3196695 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH P.O. BOX 1768 Newport Beach, CA 92658-1768 Attention: Real Property Administrator WITH A CONFORMED COPY TO: Golden Hills Properties, LLC C/O: Jackson Tidus 2030 Main Street, Suite 1200 Irvine, California 92614 Attention: Gregory Powers Page 3 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111 111111111111111 �1II NO FEE *$ R 0 0 0 9 9 4 5 8 7 2$* 2018000087460 9:02 am 03113118 227 404 ED1 A04 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.00 0.00 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 27383) GRANT OF EASEMENT FOR PUBLIC ACCESS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GOLDEN HILLS PROPERTIES,, LLC, a Cal'lfomia limited liability company, DBA Newport Marina ("Grantor"), owner of certain interests in the 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 and charter city ("Grantee"), a non-exclusive, perpetual sidewalk and public access easement for pedestrian access to Newport Harbor, in, under, over, along, and across certain real property ("Easement") described on Exhibit 1 and depicted on Exhibit 2 attached hereto (the "Easement Area"). https:Hgs.secure-recording.com/Batch/Confirmation/3196695 03/13/2018 Batch 3196695 Confirmation Page 4 of 4 IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of 20Lj. This Grant of Easement shall not be effective for any purpose unless and until t1Ye Acceptance below has been duly executed by Grantee. "GRANTOR", GOLDEN HILLS PROPERTIES, LLC, a California limited liability company, DBA Newport Marina By: Michael Dlija i Manager By: Shahram Manager 2 https:Hgs.secure-recording.com/Batch/Confirmation/3196695 03/13/2018 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH P.O. BOX 1768 Newport Beach, CA 92658-1768 Attention: Real Property Administrator WITH A CONFORMED COPY TO: Golden Hills Properties, LLC C/O: Jackson Tidus 2030 Main Street, Suite 1200 Irvine, California 92614 Attention: Gregory Powers Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 27383) GRANT OF EASEMENT FOR PUBLIC ACCESS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GOLDEN HILLS PROPERTIES, LLC, a California limited liability company, DBA Newport Marina ("Grantor"), owner of certain interests in the 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 and charter city ("Grantee"), a non-exclusive, perpetual sidewalk and public access easement for pedestrian access to Newport Harbor, in, under, over, along, and across certain real property ("Easement") described on Exhibit 1 and depicted on Exhibit 2, attached hereto (the "Easement Area"). IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of , 201. This Grant of Easement shall not be effective for any purpose unless and until t e Acceptance below has been duly executed by Grantee. "GRANTOR" GOLDEN HILLS PROPERTIES, LLC, a California limited liability company, DBA Newport Marina By: Michael D lija i Manager By: Shahram elijani Manager 2 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 ko �`�S s On e 20 befor me, "c °�J L� Notary Public, personally appeared t Gr -J 0 0 L who proved to me on the basis of satisfactory evidence to be the person�,whos name( -s) is/af subscribed to the within instrument and acknowledged to me that he/stre4lc y executed the same in his/herfthLeir authorized capacity(ics<and that by his/her/thr-1r signatures(s) on the instrument the persorj�a), or the entity upon behalf of which the person�cted, executed t�instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LARION AYZMAN COMM. #2115103 zz WITNESS my han�aicial seal.=:� Notary Public California o Z Ventura County 4 < <=;'o My Comm. Expires June 12, 2019 Signature (seal) 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 Cali rnia P /�1, Coun of , -5 c Iss.. n On h /t C - 20 before me, _ Q `t © `'j `-^ , Notary Public, personally ap red kc 2Cttvj e / proved to me on the basis of satisfactory evidence to be the persopW-whose namg4s�-is/ subscribed to the within instrument and acknowledged to me that heAs4e4hey executed the same in his/hef4heir authorized capacity; and that by his/ha4their signatures44-on the instrument the person.W--1 or the entity upon behalf of which the persoro)-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 andjfi eaI �--�LARION AYZMAN d COMM. #2115103 z Notary Public • California o Signature z $i, Ventura County MZ Comm. Expires June 12, 2019 3 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by this Grant of Easement dated-y—e6M!k r 15 , 2018, by and between the City of Newport Beach, a municipal corporation, as Grantee, and Golden Hills Properties, LLC, a California limited liability company, DBA Newport Marina as Grantor, is hereby accepted on Ahc> , 20 , by the undersigned officer on behalf of the City of Newport Beach pursuant to authority conferred by Resolution No. 1992-82 of the City Council adopted on July 27, 1992. The City consents to the recordation of said document in the Office of the Recorder of Orange County, State of California. APPROVED AS TO FORM: CITY ATTORNEY' .OFFICE By: 41 ((S) Aaron C. arp aM 6��tii►r City Attorney ATTEST: Will mu I 11nall rd CITY OF NEWPORT BEACH, a California municipal corporation By: le Dave Kiff City Manager 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 bRArlbE }ss. On W 0- ct , 20_S before me,JENN►Fr,-12 Arv�1 MULyE'1 Notary Public, personally appeared DIN JE IC1yr , who proved to me on the basis of satisfactory evidence to be the person(s}whose name(%) is/ate subscribed to the within instrument and acknowledged to me that he/sluat4ey executed the same in his/heir authorized capacity(ies), and that by his/heir signatures(-) on the instrument the person(.&), or the entity upon behalf of which the person(&.) 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. Jennifer Ann Mulvey WITNESS hand and official sea]./° ^t COMM #2214138 b Wil4. : Notary Public - California'" ORANGE COUNTY Expires Oct. 12, 2021 •.Hltt�HiMtttltllFll/tlJtlltN IttIH!»»...» Sign 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. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared 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 5 Exhibit 1 Description of Easement Area Parcel "A" (A six foot wide Pedestrian Access Easement) A six foot wide easement for pedestrian access purposes, situated in the City of Newport Beach, County of Orange, State of California, being a portion of Section 28, T6S, R10W, SBBM, and the centerline of which is described as follows: Beginning at a the Northwest corner of Lot L, Tract 919, recorded in Miscellaneous Map Book 29, Pages 31-34, Official Records of Orange County, California, said Westerly line to point bears North 11057'35" East, and Northerly of U.S. Bulkhead line between U.S. Bulkhead Station No. 128 and 128A, as said U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor", approved by the Secretary of the Army, February 15, 1951 and on file in the U.S. District Engineer's Office, Los Angeles, California, a radial line through said point bears North 270 20' East (and also shown as "North 250 00' East")- thence Westerly along a curve concave to the South and having a radius of 1550.00 feet and a central angle of 30 24' 34" an arc distance of 92.22 feet to the True Point of Beginning, thence South 11 ° 57' 35" West, a distance of 79.24 feet, thence North 770 41' 03" West, a distance of 14.70 feet, thence South 110 57' 35" West, a distance of 93.17 feet, to the northerly line of a 10 foot wide Pedestrian Access easement, as described as Parcel B hereon. Said land is included within a portion of the area shown on a map files in Book 21, Page 44 of Record of Surveys, in the office of the County Recorder of said County. As described in a Grant Deed, re-recorded July 28, 1999, in Official Records 19990550385. Area contains approximately 1,120 square feet (0.026 acres), more or less. Parcel "B" (A ten foot wide Pedestrian Access Easement) A ten foot wide strip of land along the bay frontage for public pedestrian access purposes, situated in the City of Newport Beach, County of Orange, State of California, being a portion of Section 28, T6S, R10W, SBBM, the Southerly line of which described as follows: Beginning at a point (P.O.B.) on the Westerly line of Lot L, Tract 919, recorded in Miscellaneous Map Book 29, Pages 31-34, Official Records of Orange County, California, said Westerly line bears North 11057'35" East, said point being distant 40.00 feet measured along said Westerly line of Lot L, and Northerly of U.S. Bulkhead line between U.S. Bulkhead Station No. 128 and 128A, as said U.S. Bulkhead Lines and Stations are laid out and shown upon a map titled "Harbor Lines, Newport Bay Harbor", approved by the Secretary of the Army, February 15, 1951 and on file in the U.S. District Engineer's Office, Los Angeles, California, thence North 790 02' 19" West, a distance of 368.19 feet, thence North 370 06' 13" E, a distance of 3.05 feet, thence N 520 53'52" West a distance of 12.5 feet, thence South 370 06' 08" West, a distance of 37.43 feet, thence South 520 53' 52" East, a distance of 12.5 feet, thence South 370 06' 08" West, a distance of 137.42 feet, thence South 18° 30' 56" West, a distance of 90.71 feet, thence South 880 54' 01" West, a distance of 140.33 feet, to the southwesterly prolongation of the northwesterly line of that certain parcel of land described in deed to the State of California from the City of Newport Beach, recorded in Book 3111, Page 125, and dated June 12, 1955, Official Records of Orange County, California, and as shown on a Record of Survey, recorded in RS Book 220, Pages 44-50, and dated June 27, 2007, Official Records of Orange County, California. Said land is included within a portion of the area shown on a map files in Book 21, Page 44 of Record of Surveys, in the office of the County Recorder of said County. As described in a Grant Deed, re- recorded July 28, 1999, in Official Records 19990550385. Area contains approximately 8,000 square feet (0.184 acres), more or less. Exhibit 2 Depiction of Easement Area 4 0 Lji 3 0 6 COAST HWY W PAR[ELBPARCELAi—' (10' wide) LCT Po.fl Easement Area US Bulkhead Stations Bulkhead/Pierhead Pedestrian Access Easements (Newport Marina Parcels)lry onlev....... ry GIS Du on F b—, 2], 2—