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HomeMy WebLinkAboutC-4503(A) - Grant of Easement (Newport Banning Ranch - Access Road Sunset Ridge Park)This Document was electronically recorded by OR South County D WHEN RECORDED, RETURN TO: City of Newport Beach 3300 Newport Beach Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Attn: City Clerk Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 63 405 E01 19 II NO FEE 2013000338399 01:55pm 06/04/13 0.00 0.00 0.00 0.00 54.00 0.00 0.00 0.00 (Exempt From Recording Fees Pursuant to Government Code § 6103) (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT U This Grant of Easement ("Easement") is made as of Time'7 , 2013 ("Effective Date") by Aera Energy LLC, a California limited liability company ("Aera") and Cherokee Newport Beach, LLC, a Delaware limited liability company ("Cherokee") (Aera, and Cherokee are collectively referred to as "Grantor") in favor of the City of Newport Beach, a municipal corporation ("Grantee"), with reference to the following facts: RECITALS A. Grantor is the fee owner of certain real property located in the City of Newport Beach and the County of Orange, State of California, which is commonly referred to as Banning Ranch ("Grantor's Property"). B. Grantee is the fee owner of certain real property located in the City of Newport Beach, County of Orange, and State of California, which is adjacent to Grantor's Property and commonly referred to as Sunset Ridge Park ("SRP"). C. Grantor and Grantee have previously entered into that certain Access Agreement Between the City of Newport Beach and Newport Banning Ranch, LLC Regarding Sunset Ridge Park approved by the City Council on March 23, 2010 (the "Agreement"). Pursuant to the terms of the Agreement, Grantor agreed to grant to City a non-exclusive easement in order to accommodate access for the purposes set forth in this Easement from West Coast Highway through Grantor's Property to SRP. D. As a result of the requirements of regulatory and permitting agencies and the conditions imposed on the development of SRP, Grantor and Grantee hereby agree to modify the location of the access road that was depicted and described in the Agreement to the access road area as depicted in Exhibit "A", which is attached hereto and incorporated herein by this reference. D. Grantee desires to accept this Grant of Easement in order to improve and maintain a 16-feet wide access road ("Access Road") and to accommodate and allow only those limited uses on, over, under and/or across the other areas of Grantor's Property and solely for the purposes defined and set forth in this Grant of Easement. LM/A09-00/ 10/Replacement Easement v2 5139.13 E. In addition to providing for the conveyance of this Grant of Easement, the Agreement included provisions and obligations that Grantor and Grantee agree are no longer applicable or necessary due to the actions of regulatory and permitting agencies and the terms and conditions of Coastal Development Permit No. 5-11-302, which authorizes the construction of SRP. Therefore, upon Grantee's acceptance of this Grant of Easement, Grantee and Grantor agree to terminate and acknowledge that the Agreement is of no further force and effect. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW, THEREFORE, in consideration of the mutual promises, covenants, benefits, obligations and agreements set forth herein, the parties agree as follows: 1. Incorporation of Recitals. The Recitals contained herein are true and correct and are incorporated into the operative part of this Easement. 2. Grant of Easement. Grantor grants to Grantee, and Grantee accepts the grant of, a non-exclusive easement to improve and maintain the Access Road, and to construct and maintain improvements on, over, under and across a portion of Grantors' Property depicted and described in Exhibit "B" ("Easement Area"). This Easement is subject to the following terms and conditions : 2.1. Purpose of Easement. 2.1.1 The Easement for the Access Road improvements is being granted to provide the City with access to the proposed Sunset Ridge Park for the following purposes only: 1) Construction ingress/egress to facilitate construction of the SRP by the City and its contractors; 2) Maintenance by the City and its contractors of the SRP; and 3) Emergency ingress/egress to SRP. With the exception of 2.1.1(3), and a limited number of City - operated shuttles agreed to by Grantor and Grantee required as a reasonable accommodation under the American with Disabilities Act, no public use of the Access Road is allowed under this Easement. 2.1.2 This Easement is being granted to provide the City with access to the Easement Area to conduct the following activities: a. Installation and maintenance of security fencing separating Grantor's Property from SRP. The proposed location of and specifications for the security fencing are depicted in Exhibit "C". 2 b. Installation of vegetation and maintenance of the vegetation until satisfaction of the 5-year success criteria set forth in the Restoration Plan approved by the Coastal Commission in connection with Consent Cease and Desist Order CCC- 11-CD-03 and Consent Restoration Order CCC-11-RO-02 on the approximately 0.47 acres of Grantor's property that lie immediately adjacent to the Access Road, commonly referred to as the Southeast Polygon. Installation of vegetation shall be in accordance with and in fulfillment of the Coastal Commission approved Restoration Plan. Once the vegetation has been installed by Grantee, Grantor will monitor the vegetation for the required 5-year monitoring period, but Grantee shall remain responsible for maintenance and achievement of the success criteria. Upon completion of the 5-year maintenance and monitoring period described in the Restoration Plan, Grantor will assume long-term monitoring and maintenance responsibilities. 2.2. The Access Road shall be improved through the addition of approximately 6 inches of thick, loose gravel and placement of a low concrete curb, along both edges of the existing 16-foot road (collectively, the "Access Road Improvements"). The Access Road improvements shall be constructed, maintained and improved pursuant to the designs, standards and specifications approved by the California Coastal Commission and other regulatory agencies, if such approvals are required, and employed by the Grantee for the construction, grading, maintenance and improvement of similar public improvements, and as approved by the Grantor. 3. Coordination with Grantor. Grantee shall provide plans to Grantor of all work it plans to undertake within the Access Road and the Easement Area. Prior to commencing any of the work on Grantor's Property, Grantee shall obtain Grantor's prior written consent, which consent shall not be unreasonably withheld. 4. Non-exclusive Easement. Grantor retains all rights to use the Access Road Area and Easement Area, and to construct any and all improvements on its property, including the Access Road Area and Easement Area, so long as it allows the Grantee to continue to use the Access Road and Easement Area for the purposes set forth in this Easement. 5. Future Changes, Repair and Maintenance of the Access Road. Grantee may not construct any new facilities or place any improvements on the Access Road and Easement Area, or change the intensity of use of the Access Road without first providing written evidence to Grantor that it has obtained all regulatory permits and approvals for the work, or that no regulatory permits or approvals are required. Routine repair and maintenance activities are permitted. 6. No Further Encumbrances. Grantee shall not be allowed to encumber the property subject to this Easement, or any adjacent, adjoining property to the Access Road and Easement Area. 7. Continuance of Oil Field Activities. Grantee's exercise of its rights under the Easement shall not jeopardize continuing use of the oil field, or oil field security and safety by Grantor or Grantor's lessees. To that end, Grantee shall provide and maintain 3 security fencing described in Section 2.1.2 above, subject to Grantor's approval, to ensure that anyone using the Easement Area cannot access Grantor's private property. 8. Compliance with Consent Cease and Desist Order. None of the rights granted in this Easement shall impede or obstruct the ability of Grantor to fulfill its obligations under Consent Cease and Desist Order CCC-11-CD-03 and Consent Restoration Order CCC-11-RO-02 issued by the California Coastal Commission. 9. Indemnification. To the fullest extent permitted by law, Grantee, its successors or assigns, agrees to indemnify, defend and hold harmless Grantor and its officials, officers, agents and employees ("Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims"), which arise from the Grantee's, its agents', employees', invitees', or contractors' use of the Access Road Area and Easement Area, including any injury or damage to Grantor's Property outside of the Access Road and Easement Areas that may occur in the course of Grantee's exercise of its rights under the Easement. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Easement. 10. Joint and Several Liability. Unless otherwise provided in this Grant of Easement, the terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto, all of whom shall be jointly and severally liable hereunder. 11. Commencement of Easement. The Easement rights contained herein shall become effective upon the recordation of this Easement in the Official Records of the County of Orange. 12. Extinguishment of Easement. If alternate access is provided through Grantor's property in the future pursuant to applicable agency approvals, the City shall record a document to extinguish this Easement. 13. Taxes. The payment of any real property taxes and assessments relating to the Easement granted herein shall be borne by the Grantee. 14. Permits. It shall be Grantee's responsibility to comply with all applicable laws during the construction, maintenance and improvement of the Access Road and the Easement Area including the requirement to obtain all required city, county, state and federal permits. 4 15. Permitted Use. Grantee shall use or permit the use of the Access Road and Easement Area solely for the purposes stated in this Easement. 16. Successors and Assigns. This Easement, including all rights and duties of the parties, shall run with the land and inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto. 17. Miscellaneous Provisions. 17.1. There are no representations, warranties or other agreements between the parties as to the matters described in this Easement except as expressly stated herein, and this Easement fully states the agreement of the parties as to such matters. 17.2 No change, amendment, alteration or revision of this Easement shall be valid unless in writing and signed by the parties hereto. 17.3 In any action or proceeding between the parties to enforce any provision hereof; the prevailing party shall not be entitled to attorneys' fees in addition to such other relief. 17.4 This Easement shall be interpreted, enforced and governed by the laws of the State of California. Venue shall be in Orange County, California. 18. Termination of Agreement. Upon Grantee's acceptance of this Grant of Easement and its recordation in the Official Records of Orange County, California, Grantee shall request that the City Council authorize the City Manager to provide written documentation of the City's request to terminate the Agreement. Should the City Council not approve of the termination of the Agreement, this Grant of Easement is null and void and the City shall be required to record written notice of its termination in the Official Records of Orange County, California. [SIGNATURES ON NEXT PAGE] 5 A-r-TA FtM SiNA-11k PA I f — area. eitn Vurry , City of Newport Beach Approvcd as to Forrri: Office of the City At#omey Attcst: City of Ncwport Beach City of Ncwport Bcach Dated: 5-23-7-ci3 GRANTOR AURA ENER(aY LLG, A LALIRAI•lIA LIMITED LIA M u-ry COMPANY By: Name: Title: Vk crc. 17 z' - By: Name: Title: sc kiTAU-I©D SI t r orTmeE p/ta Gr I -Ue- Dated : GRANTEE Kcith Curry , Mayor City of Ncwport Balch Approvcd as to Form: -Officc of the City Attorncy Attost: -flcaron C. I larp, City Attorncy Lciloni Brown, City Clcrk City of Newport I3cach Dated: 5 / I 1 r� t 3 City of Ncwport Bo~ach GRANTOR cLcLA WAS It � /vJ r" �> A PE I-IMI'ED 1-like.1L.iTY COMeANy By: Name: sRir (% , . ttuo Title: -cl2s f By: Name: Title: 6 Dated: 1M1( '1(013 Approved as to Form: Office of the City Attorney Aaron C. Harp, City Attorney *//3 City of Newport Beach GRANTEE ek,,L1A Daviiff, City Manager \ City of Newport Beach Leilani Brown, City Clerk City of Newport Beach State of California } } ss. County of Orange } On this the AO, day of MA, a013 , before me, Me/ 1PC.k am Notary public, personally , appeared �J Ge-Or Z-. Bas,ci e. e. , and proved to me on the basis of sa sfactory evidenc to be the person 4whose name(,sfis/are-subscribed to the within instrument and and that by his/her4I-rerirsignature(s'jon acted, executed State of California WITNESS my hand acknowledged to me that he/3hc/they executed the same the instrument the personor the the instrument. I certify under penalty of perjury that the foregoing paragraph is tru and official seal. _ z 6):_ethAd,n, (SEAL) in his/hor/thcir authorized capacityki j, entity upon behalf of which the personX under the laws of the Notary's Signa e State of California } } ss. County of Orange } On this the day of , before me, Notary public, , personally appeared and 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. WITNESS my hand and official seal. (SEAL) Notary's Signature State of Califa North (r,,-�/,`j & } } ss. County of Oreen e- moo, k -E__ } On this the / 7 day of tr)6 c 13 , before me, Vick.' P r-/«,-j=� Notary public, personally ap eared y 1 r N -f. 6, -t.cl, e. l de.,--- , and 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 th,gntjj;y�upon behalf of which the person(s) acted, executed the instrument. a..01.%� p_ ''4,,, a`G+,# A � }: '44.4% WITNESS my hand and official seal. s 1 i 1 Comm. Exp. _ = _ I y-26-2016. = V �' J I , (SEAL) ='Z `" 0.G -, e Notary's Signature Y<Lk, e✓ P_ Hui --to ,,`'': •GOU�.`d��` State of California } } ss. County of Orange } On this the day of , before me, , Notary public, personally appeared and 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. WITNESS my hand and official seal. (SEAL) Notary's Signature N -ia State of California } } ss. County of Orange } On this the 4.1 day of 0-"Uht:. 2013, before me, l'< I� ran. R 1. e-t-t , Notary public, personally appeared 1� J l a 14. nc , and proved to me on the basis of satisfactory evidence to be the person:(,) whose name4r) is/are subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their authorized capacity(.ies), and that by his/hir/their signature(on the instrument the person(.a-) 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. ,m..„ �`KIM R Eff ., Commission # 1967536 ":', Notary Public - California I Comm. fires Jan 26, 2016 /2'(SEAL) Notary's Signature State of California } } ss. County of Orange } On this the day of , before me, , Notary public, personally appeared and 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. (SEAL) Notary's Signature N-I EXHIBIT "A" Depiction of Access Road A-1 A 2- EXHIBIT "B" Legal Description and Depiction of Access Road Easement Area B-1 LEGAL DESCRIPTION SUNSET RIDGE PARK MAINTENANCE ROAD PARCEL 1 THAT CERTAIN PARCEL OF LAND SITUATED IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 1 OF TRACT NO. 2250 AS SHOWN ON A MAP FILED IN BOOK 104 PAGES 6 THROUGH 7, INCLUSIVE, OF MISCELLANEOUS MAPS TOGETHER WITH A PORTION OF LOT D OF THE BANNING TRACT AS SHOWN ON A MAP FILED IN SUPERIOR COURT CASE NO. 6385 OF LOS ANGELES COUNTY, ALL RECORDS IN THE OFFICE OF THE ORANGE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF PARCEL 1 OF A DEED RECORDED FEBRUARY 14, 1966 IN BOOK 7839, PAGE 739 WITH THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF TRACT NO. 7817 AS SHOWN ON A MAP FILED IN BOOK 308, PAGES 23 THROUGH 24, INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1 SOUTH 0° 19' 10" WEST 431.28 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 158.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 25°52'30" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID CURVE 23.68 FEET THROUGH A CENTRAL ANGLE OF 8°35'18"; THENCE SOUTH 55°32'12" WEST 10.98 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 23.67 FEET THROUGH A CENTRAL ANGLE OF 14°44'30"; THENCE SOUTH 70°16'43" WEST 20.27 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 92.00 FEET; THENCE WESTERLY ALONG SAID CURVE 11.30 FEET THROUGH A CENTRAL ANGLE OF 7°02'23"; THENCE SOUTH 77°19'05" WEST 22.21 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 108.00 FEET; THENCE WESTERLY ALONG SAID CURVE 8.00 FEET THROUGH A CENTRAL ANGLE OF 4° 14'46' ; THENCE SOUTH 73°04' 19" WEST 27.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 92.00 FEET; THENCE WESTERLY ALONG SAID CURVE 10.16 FEET THROUGH A CENTRAL ANGLE OF 6°19'42"; THENCE SOUTH 79°24'02" WEST 70.75 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 42.00 FEET, THENCE WESTERLY ALONG SAID CURVE 19.33 FEET THROUGH A CENTRAL ANGLE OF 26°22'17" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 31.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 15°46' 19" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 44.29 FEET THROUGH A CENTRAL ANGLE OF 81 °51'36' ; THENCE SOUTH 23°54'43" WEST 16.27 FEET TO THE NORTHEASTERLY LINE OF PARCEL NO. 73170-1 AS DESCRIBED IN A DEED RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 94-0032786 OF OFFICIAL RECORDS; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL NO.73170-1 SOUTH 66°09'47" EAST 28.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE OF PARCEL NO. 73170-1 NORTH 23°54'43" EAST 19.00 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 15.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 18.90 FEET THROUGH A CENTRAL ANGLE OF 72°10'59" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 6°05'42" EAST; THENCE EASTERLY ALONG SAID CURVE 16.90 FEET THROUGH A CENTRAL ANGLE OF 16°41'41"; THENCE NORTH 79°24'02" EAST 70.75 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 108.00 FEET; THENCE EASTERLY ALONG SAID CURVE 11.93 FEET THROUGH A CENTRAL ANGLE OF 6° 19'42' ; THENCE NORTH 73°04' 19" EAST 27.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 92.00 FEET; THENCE EASTERLY ALONG SAID CURVE 6.82 FEET THROUGH A CENTRAL ANGLE OF 4°14'46"; THENCE NORTH 77°19'05" EAST 22.21 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 108.00 FEET; THENCE EASTERLY ALONG SAID CURVE 13.27 FEET THROUGH A CENTRAL ANGLE OF 7°02'23"; THENCE NORTH 70°16'43" EAST 20.27 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 108.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 27.79 FEET THROUGH A CENTRAL ANGLE OF 14°44'30"; THENCE NORTH 55°32' 12" EAST 10.98 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 142.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 13.30 FEET THROUGH A CENTRAL ANGLE OF 5°21'58" TO SAID WESTERLY LINE OF PARCEL 1 AS DESCRIBED IN BOOK 7839 PAGE 739 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL 1 NORTH 0° 19' 10" EAST 18.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 0.117 ACRES MORE OR LESS EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS. RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD. PREPARED UNDER THE SUP GREGOS. BORCHARD, LS 7705 MY RED STRATION EXPIRES: 12/31/14 EXHIBIT TRACT NO. P 5O LOT I M.Jail, 104/6-7 SW'LY LINE OF TRACT NO. 7817 M.M. 308/23-24 WESTERLY LINE OF BK 7839 PG 739 0. R. N25 52'30"�R), d=835'18" L=23.68' R=158.00' N5532'12"E 10.98' d=14'44'30" L=23.67' R= 92.00 N7076'43"E 20.27' d=7'02'23" L=11.30' R= 92.00' N7779'05"E 22.21' d=474'46" L=8.00' R=108.00' N73 04'19"E 27.69' d=679'42" L=10.16' R= 92.00' PARCEL 1 0.117 AC± d=26 22'17"L=19.33' R=42.00' .111 R_¢;1�E(P C) d=8151 '36" R=31.00' L=44.29' N23 54'43 "E 16.27' NO79'10"E 18.08' N29 05'50 "W(R) 521'58"L=13.30' R=142.00' N55'32'12"E 10.98' d=14 44'30" L=27.79' R=108.00 N7016'43"E 20.27' d= 7'02'23" L=13.27' R=108.00' N7779'05 "E 22.21' 474'46" L=6.82' R=92.00' N73 04'19'E 27.69' d=679'42"L=11.93' R=108. 00' LOT D BA iVAIJNG TRA CT LA CO. SUPERIOR COURT CASE # 6335 d=1641'41"L=16.90' R= 58.00' �N6 05'42 "E (ER ) A=7270'59"R=15.00' L=18.90' N2354'43 E 19. 00.. N66 09'47"W 28.00' NORTHEASTERLY LINE OF PARCEL NO. 73170-1 INST. NO. 94-0032786 O.R. ffB ff SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SUNSET RIDGE PARK MAINTENANCE ROAD CONTAINING: 0.117 AC ± GREGORY S GOROIIARD ;:xf, l2tNei- 7705 SHEET 1 OF 1 JANUARY 10, 2012 UR114122 B-4 EXHIBIT "C" Proposed Location of and Specifications for the Security Fencing C-1 L - Z. This Document was electronically recorded by CR South County C RECORDING REQUESTED BY AND WHEN RECORDED MAIL A CONFORMED COPY TO: City Attorney's Office City of Newport Beach PO Box 1768 Newport Beach, CA 92658-1768 Exempt from recording fees pursuant to Govt. Code section 27383 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III III I 111111111 III 11 1111 111111 II P1111111111 IIINO FEE 2013000357073 01:20pm 06/12/13 10 402 A04 2 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 Space Above This Line For Recorder's Use Only CERTIFICATE OF ACCEPTANCE FOR GRANT OF EASEMENT RECORDED AS INSTRUMENT NO. 2013000338399 ON JUNE 4, 2013 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by the Grant of Easement at Sunset Ridge Park dated June 4, 2013 from Area Energy LLC and Cherokee Newport Beach LLC, as Grantor and the City of Newport Beach, a California municipal corporation, as Grantee, is hereby accepted on June 4, 2013, 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 ATT R EY'S OFFICE Date: ( Li/ /3 By Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH, A California municipal corporation Date: G011% 1 a-06 By: Dave Ki City Manager RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS DEPARTMEtNT Date: it- t3 By. J David A. Webb Public Works Director On' LMA L t l t 2013 before me, OA. Lc.,CQ , Notary Public, personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ie,.$), and that by his signature on the instrument the person, or the entity upon behalf of which the person(4acted, 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) M. LOCEY Commission # 1864451 Notary Public - California Orange County - My Comm. Expires Oct 7, 2013