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HomeMy WebLinkAboutC-7224-5 - Grant of Easement for Sidewalk & Strom Drain PurposesU! T N N F0 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH CITY CLERK'S OFFICE 100 CIVIC CENTER DRIVE Newport Beach, CA 92658-1768 WITH A CONFORMED COPY TO: PROMONTORY POINT APARTMENTS LLC c/o Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Attn: General Counsel's Office Recording Fee: Exempt (Government Code — Section 6103) (Space above this line for Recorder's use) GRANT OF EASEMENT FOR SIDEWALK & STORM DRAIN PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PROMONTORY POINT APARTMENTS LLC, a Delaware limited liability company ("Grantor"), owner 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 and charter city ("Grantee"), a non-exclusive easement (the "Easement") for sidewalk, main line fifteen (15) inch storm drain and facilities (collectively, the "Facilities") in, under, over, along, and across certain real property in the City of Newport Beach, County of Orange, State of California, more specifically described on Exhibit A and depicted on Exhibit B attached hereto (the "Easement Area"). This Easement is non-exclusive, is granted subject to all prior easements and encumbrances of record, and Grantor reserves the right to grant to others easement rights in and to the Easement Area, provided that such future easement rights shall not substantially interfere with the easement rights granted hereunder. Grantor reserves to itself the right to use the surface of the Easement Area for maintenance, repair and replacement of (a) the slope and the retaining wall and footings located on Grantor's property adjacent to the Easement Area, and (b) any landscaping, landscape irrigation systems and other improvements on Grantor's property adjacent to the Easement Area; provided that Grantor shall not erect, place or construct any permanent buildings or structures within the Easement Area (other than for those, if any, that exist as of the date of recordation of this Grant of Easement), without the prior approval of Grantee. Grantee shall maintain the Facilities within the Easement Area in proper working condition at all times. Grantee shall be liable for its own negligence and willful misconduct and that of its employees, agents and independent contractors in connection with the exercise of Grantee's rights under this Easement. Grantee shall pay Grantor for any damage to the property of Grantor, including without limitation the slope, landscaping, landscape irrigation, drainage facilities and retaining wall on Grantor's property adjacent to the Easement Area, caused by or arising from Grantee's use of the Easement Area or maintenance activities under this Easement. Grantee assumes all risk arising out of its use of the Easement. JRC/30110-1010\4832-0319-7827 v.4 12/19/2018 Grantee acknowledges that the conveyance of this Easement by Grantor shall not alter the setback requirements of Grantee with respect to any buildings or improvements on Grantor's property from the setback requirements in effect prior to the conveyance of this Easement, all as more fully set forth in that certain letter agreement between Grantor and Grantee dated January 22, 2019. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of January , 2019. This Grant of Easement shall not be effective for any purpose unless and until the Acceptance below has been duly executed by Grantee. "GRANTOR" Promontory Point Apgtwents LLC, a Delaware limited -1 omaan By: Name: Teresa A1'�ood Title: Senior Vice ident, Community Management Operations By: Name: Vonny Gill tt Title: Assistant Sacretary JRG30110-1010\483200319-7827 v.4 12/19/2018 2 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 ORANGE On—c O 201q, before me, V \ , a Notary Public, personally appeared ©p , who proved to me on the bas& of satisfactory evidence to be the person wh a name(,!;) a subscribed to the within instnt d acknowledged to me that y exec ted the same in hie/it authorized capacity(s), and that by l�i /t signature(�'f on the instrument eperson( 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. WITNESS my hand and official seal. KRISTEN JARECKY Notary Public - California N tary Public (SEAL)z '� Orange County i z Commission # 2215432 My Comm. Expires Oct 20, 2021 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 ORANGE On 6) _ av , 20( , before me, j4f—1 M �/'t�G , a Notary Public, personally appeared - /,nN 7 FL(�QTt , who proved to me on the basis bf satisfactory evidence to be the person�upn hose name s is subscribed to the within in�T�ser t and acknowledged to me that r(�/tl�y executed the same i e th�lr au rized capacity(Ks), and that by t�ir signature) on the instrument the person, or the entity behalf of which the person(o4 acted, executed the instrument. Y" 1 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. N tary Public JRC/30110-1010\483200319-7827 v.4 12/192018 KRISTEN JARECKY Notary Public -California (SEAL) i Orange County i Z Commission # 2215432 D 1 —My Comm. Expires Oct 20, 2021 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by this Grant of Easement dated , 20_, by and between the City of Newport Beach, a municipal corporation and charter city, as Grantee, and Promontory Point Apartments LLC, a Delaware limited liability company, as Grantor, is hereby accepted on , 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: OFFICE OF THE CITY ATTORNEY By: i�7N .sit... A Aaron C. Harp chm 0%hZ10 City Attorney ATTEST: I2A Leilani I. Brown, City Clerk JRC/30110-1010\483200319-7827 v.4 12/19/2018 CITY OF NEWPORT BEACH, a municipal corporation and charter city Grace K. Leung City Manager 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 ORANGE On 20 , before me, , a Notary Public, personally appeared , 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 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. WITNESS my hand and official seal. Notary Public (SEAL) JRG30110-1010\483200319-7827 v.4 12/19/2018 Exhibit A Legal Description of Easement Area JRC/301 10-10 1 0\483200319-7827 v.4 12/19/2018 EXHIBIT "A" LEGAL DESCRIPTION All that real property situate in the City of Newport Beach, County of Orange, State of California, being a portion of Parcel 1 as shown on a map filed in Book 49, Page 15 of Parcel Maps, in the office of the County Recorder of said county, more particularly described as follows: Beginning at a point on the northerly right of way line of Bayside Drive as shown on said Parcel Map which bears South 75°34'57" East, 277.64 feet from a 2" Brass disk in monument well on the centerline of Bayside Drive as shown on said Parcel Map, also being the westerly terminus of a curve concave northerly having a radius of 799.98 feet with a radial bearing of North 33'20'13" East, a central angle of 28'l 2' 14", and a length of 393.79 feet as shown on said Parcel Map; thence leaving said northerly right of way line North 13'09'11" East, a distance of 3.50 feet to the beginning of a non -tangent curve concave northerly and concentric with and lying 3.50 feet northerly, measured at right angles from said right of way, having a radius of 753.48 feet with a radial bearing of North 13°02'06" East; thence easterly along said concentric curve through a central angle of 07°54'07", a distance of 103.92 feet to the beginning of a line parallel with and lying 3.50 feet northerly, measured at right angles from said right of way; thence along said parallel line South 84°52'01" East, a distance of 100.00 feet to the beginning of a tangent curve concave southwesterly and concentric with and lying 3.50 feet northerly, measured at right angles from said right of way having a radius of 846.47 feet; thence easterly along said concentric curve through a central angle of 27'36'13", a distance of 407.81 feet to the beginning of a reverse curve concave northerly having a radius of 18.50 feet with a radial bearing of North 32'44'13" East; thence easterly through a central angle of 52'28'17", a distance of 16.94 feet along said curve to the beginning of a non -tangent curve concave southerly having a radius of 853.83 feet with a radial bearing of South 33°43'17" West; thence southeasterly through a central angle of 03038'08", a distance of 54.18 feet along said curve to the beginning of a non -tangent curve concave northeasterly having a radius of 19.00 feet with a radial bearing of South 84°22'19" East; thence southeasterly through a central angle of 57°11'57", a distance of 18.97 feet along said curve to a point on said northerly right of way line of Bayside Drive, which bears North 11 °15'38" East, 50.96 feet from a 2" Brass disk in monument well per said Parcel Map, also being the easterly terminus of a curve concave southwesterly with a radius of 799.98 feet, a central angle of 34°57'45", and a length of 488.16 feet as shown on said Parcel Map, also being the beginning of a non -tangent curve concave southerly and having a radius of 844.97 feet with a radial bearing of South 38°25'44" West; thence along said northerly right of way line of Bayside Drive the following three (5) courses: 1) Northwesterly through a central angle of 02'50'19", a distance of 41.86 feet along said curve, 2) Non -tangent South 35°35'25" West, a distance of 2.00 feet to the beginning of a non - tangent curve concave southwesterly having a radius of 842.97 feet with a radial bearing of South 35°35'25" West, 3) Northwesterly through a central angle of 30°27'26", a distance of 448.11 feet along said curve, 4) North 84°52'01" West, a distance of 100.00 feet to the beginning of a tangent curve concave northerly having a radius of 756.98 feet and 5) Northwesterly through a central angle of 07°54'09'', a distance of 104.41 feet along said curve to the Point of Beginning. Containing a total of 2,795 square feet more or less The Basis of Bearings for this survey is based on the bearing between OCS Horizontal Control Station GPS No. 6266 and Station GPS No. 6280 being North 83°18'32" West per Records on file in the office of the Orange County Surveyor. Coordinates are based on the California Coordinate System (CCS83), Zone VI, 1983 NAD, (2007.00 Epoch OCS GPS Adjustment). All distances are grid, multiply all distances by 1.00002923 to obtain ground distances. This legal description was prepared by me or under my direction, in accordance with the Professional Land Surveyors Act. All as more particularly shown on Exhibit B attached hereto and made part hereof. Subject to: Covenants, conditions, reservations, restrictions, rights of way and easements of record, if any. LAND SU9G\ / v ON O� Brandon Benton, PLS 8679 ;��No. 8679 00 pl Page 2 of 2 � : " � ( Z 00 Date Exhibit B Depiction of Easement Area JRC/301 10- 10 1 0\483200319-7827 v.4 12/19/2018 LEGEND POB POINT OF BEGINNING A PORTION OF PARCEL 1 PER P.M.B. 49 /15 (R) RADIAL FOUND MONUMENT AS NOTED O DIMENSION POINT ® AREA DESCRIBED --- TIE LINE THE BASIS OF BEARINGS FOR THIS SURVEY IS BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL STATION GPS NO. 6266 AND STATION GPS NO. 6280 BEING NORTH 83°18'32" WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. COORDINATES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (2007.00 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES ARE GRID, MULTIPLY ALL DISTANCES BY 1.00002923 TO OBTAIN GROUND DISTANCES. /4 ) �0 2" BRASS CAP IN WE (P.M.B. 49/15) & NORTHERLY TERMINUS NORTHERLY RIGHT OF WAY LINE 64, L 1 CURVE TABLE R= 753.48' LAND s� C1 4=0754'07" L =103.92 BRANDON R=756.98' BENTON C5 4=0754'09" i� L=104.41' s� No. 8679 �Q qTF O LINE TABLE Ll N 13 09'11 "E 3.50' S wri vc.; y 9 2 i' 1 ei L2 S84 52'01 "E 100.00' L4 N84 52'01 "W 100.00' 999 1 POB C5 L2 L4 BAYS > W 00.00 cbN4 2'1 r86zE � w w 0 40 80 160 Feet SCALE 1" = 80' SHEET 1 OF 2 U Exhibit B APN 050-241-04/05 HARKTHOMAE Plat to Accompany Legal Description Scale: 1" = 80' In the City of Newport Beach Date Jan. 2019 Orange County, California Drawn By BRM Checked By BGB I: din—I iwn kdATWUL UKIVE IMPRUVEMEN IS)\SURVEY\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\BAYSIDE—PO.DWG 2019-01-09 CDAVIS PEDESTRIAN INGRESS/EGRESS EASEMENT TO CITY OF NEWPORT BEACH PER / 11218/770 OR. PROMONTORY POINT / / APARTMENTS LLC. Porcel / 1 Pff PARCEL 1 c 050-241-04/05 Doc 49/15 �• ,QP.M.B. ,� 201 171406 Xh OHO N �h 1 999 1 POB C5 L2 L4 BAYS > W 00.00 cbN4 2'1 r86zE � w w 0 40 80 160 Feet SCALE 1" = 80' SHEET 1 OF 2 U Exhibit B APN 050-241-04/05 HARKTHOMAE Plat to Accompany Legal Description Scale: 1" = 80' In the City of Newport Beach Date Jan. 2019 Orange County, California Drawn By BRM Checked By BGB I: din—I iwn kdATWUL UKIVE IMPRUVEMEN IS)\SURVEY\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\BAYSIDE—PO.DWG 2019-01-09 CDAVIS LEGEND A PORTION OF PARCEL 1 POB POINT OF BEGINNING PER P.M.B. 49/15 (R) RADIAL GAS PIPELINE EASEMENT TO FOUND MONUMENT AS NOTED SO CAL GAS CO. O DIMENSION POINT PER DOC # DETAIL r ® AREA DESCRIBED — — — — — — — 89-377707 OR. — — SCALE 1 ": 20' - - TIE LINE I N19°44'04"W(R) li I W t 2,79Sf S/ S842?'1 CURVE TABLE R=18.50' I �I R=853.83' 4=3°38'08" L=54.18'1 C2 4=52 28'17" ( (y v N L=16.94' R=19.00' R=842.97' 4=30'27'26" C4 C3 4=57°11'57" I L=448.11' L=78.97' ( I S35'35'25 "W(R) I I R=844.97' �----- �,------LO 2.00----=N�--=N�— . C4 4--02'50'19" (� L=41.86' LINE TABLE L3 S11 '15'38"W 50.96PROMONTORY APARTMENTS Parcel / 1 AM -050-241-04/05 ..1 Doc 201JU1714X OR W co 0 2" BRASS CAP POINT IN WELL (P.M.B. 49/15) LLC. PEDESTRIAN INGRESS/EGRESS- Parcel / I NGRESS/EGRESSParcel// EASEMENT TO CITY OF P.M.9.49115 NEWPORT BEACH _ PER 11218/770 OR. 8,846 4j' 4- STORM DRAIN EASEMENT TO 8¢2,91 ;36, CITY OF NEWPORT BEACH —�— _ 4-- 7J" PER DOC # 89-189062 OR. NORTHERLY99 �6" �- h� SEE WAY GHT LINE ``�8' Q\�¢• �srQ���, � DETAIL ^/� 0 0 40 80 160 4 L— — — — Feet SHEET 2 OF 2 u MARK THOMAS Scale: 1" = 80' Date Jan. 2019 Drawn By BRM Checked By BGB SCALE 1" = 80' 2" BRASS CAP IN WELL (P.M.B. 49/15) & SOUTHERLY TERMINUS Exhibit B APN 050-241-04/05 Plat to Accompany Legal Description In the City of Newport Beach Orange County, California I: \IR -17104 (BAYSIDE DRIVE IMPROVEMENTS)\SURVEY\PRODUCTION FILES\LEGAL DESCRIPTIONS & PLATS\BAYSIDE_PD.DWG 2019-01-09 CDAVIS �t�oohj