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Home My WebLink AboutC-7572-7 - Grant of EasementCF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 3939 E. CORONADO, 2ND FLR ANAHEIM, CA 92807 WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 CONSIDERATION LESS THAN $100 DOCUMENT TRANSFER TAX $0 Signature of declarant or agent determining tax: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II[I 11111111 jjjj III 1111 jjjj 11111 Ilii ]11111111111111111122. 00 *$ R 0 0 1 1 6 5 9 9 3 4$* 2020000200572 9:47 am 05/04/20 9 503A E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 3.00 Exchange: Newport Beach/Corona Del Mar Bathing Pool, River Section APN: 423-363-01 LE(43) AOODEMX El 11902/63054 Page 1 of 5 GRANT OF EASEMENT The undersigned Grantor, hereby grants to PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT&T California, its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee," an easement to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such underground communication facilities as Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, pipes, manholes, handholes, service boxes, aboveground markers, risers, service pedestals, underground and aboveground switches, fuses, terminals, terminal equipment cabinets, transformers with associated concrete pads, associated electrical conductors, necessary fixtures and appurtenances necessary to any and all thereof, together with the right of way therefore in, over, under and upon that certain real property in the City of Newport Beach, County of Orange, State of California. The easement is described in Exhibit "A " and shown on Exhibit "B ", attached hereto and made a part hereof. SEE PAGE 2 CF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 3939 E. CORONADO, 2ND FLR ANAHEIM, CA 92807 WITH A COPY TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive Newport Beach, CA 92660 CONSIDERATION LESS THAN $100 DOCUMENT TRANSFER TAX $0 Signature of declarant or agent determining tax: Exchange: Newport Beach/Corona Del Mar Bathing Pool, River Section APN: 423-363-01 LE(43) AOODEMX El 11902/63054 Page 1 of 5 GRANT OF EASEMENT The undersigned Grantor, hereby grants to PACIFIC BELL TELEPHONE COMPANY, a California corporation dba AT&T California, its associated and affiliated companies, its and their successors, assigns, lessees and agents, hereinafter referred to as "Grantee," an easement to construct, reconstruct and maintain (place, operate, inspect, repair, replace and remove) such underground communication facilities as Grantee may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, pipes, manholes, handholes, service boxes, aboveground markers, risers, service pedestals, underground and aboveground switches, fuses, terminals, terminal equipment cabinets, transformers with associated concrete pads, associated electrical conductors, necessary fixtures and appurtenances necessary to any and all thereof, together with the right of way therefore in, over, under and upon that certain real property in the City of Newport Beach, County of Orange, State of California. The easement is described in Exhibit "A " and shown on Exhibit "B ", attached hereto and made apart hereof. SEE PAGE 2 Bathing Pool, River Section LE(43) AOODEMX E 111902/63054 Page 2 of 5 This legal description was prepared pursuant to Section 8730(c) of the Business and Professions Code. Grantor further grants to Grantee the right to trim such trees and other foliage and to cut such limbs and roots on said easement as may be necessary for the protection of said facilities subject to prior approval and agreement of Grantor. In addition, in making any approved excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Grantor, his/her/their successors and assigns, shall not erect or construct any building or other structure or drill or operate any well within said easement. Grantor also grants to Grantee the right to cut, fill or otherwise change the grade of said easement and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of such facilities subject to prior approval and agreement of Grantor. Grantor also grants to Grantee the right to receive commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place its respective service facilities upon and within said easement. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees, while exercising the rights granted herein. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this O TO day of R P 12,1 L '2020 THE CITY OF NEWPORT BEACH, a Municipal Corporation BY: Gra O. Leung Cit anager APPROV D AS TO FORM BY: AAon C. Harp City Attorney ATTEST: BY: SEEPAGE 3 Leilani I. BrZSwn U�Iclo '""" City Clerk Bathing Pool, River Section LE(43) AOODEMX El 11902/63054 Page 3 of 5 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 OZIAM bE On APR1L 30.2oZO before me, Jr.NNIFEsQ ANN MVLVE*-/ , Notary Public, personally appeared GRACe re. LCUF4 6 , who proved to me on the basis of satisfactory evidence to be the person(.&-) whose name(-&) is/afe subscribed to the within instrument and acknowledged to me that he/she/thay executed the same in 14&/her/tl*e4f authorized capacity(ia�, and that by l>.if4her/tl it signature(&) on the instrument the person(sj, 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. (Signature Notary) Jennifer Ann Mulvey COMM #2214138 a rn Notary Public • California "' ORANGE COUNTY a Tres Oct 12, 2021 i � MyCommiss(onFxp LEGAL DESCRIPTION Exhibit "A" Page 4 of 5 9706A APN: 423-363-01 SHEET 1 OF 2 A portion of land lying in the Bathing Pool River Section in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 4, Page 25, of Miscellaneous Maps in the office of the County Recorder of said Orange County, described as follows: Beginning at the centerline intersection of Balboa Boulevard and 38'h Street as shown on Record of Survey Map No. 2012-1020 filed in Book 260 Page 39, of Record of Surveys in the office of said County Recorder of said Orange County; Thence North 53° 39' 41" East along the centerline of said 38`h Street, a distance of 118.01 feet; Thence South 36° 20' 19" East, a distance of 17.18 feet to a point, said point being on the Easterly Right of Way of said 38'h Street and Westerly line of said Bathing Pool River Section, said point also being the True Point of Beginning; Thence South 36° 20' 19" East, a distance of 11.58 feet; Thence South 53° 39' 41" West, a distance of 5.00 feet; Thence North 36' 20' 19" East, a distance of 13.00 feet to a point, said point being on said Westerly line of said Bathing Pool River Section and said Easterly Right of Way of said 38`h Street, said point also being the beginning of curve concave Southeasterly having a radius of 75.00 feet, a radial line through said point bears North 22° 29' 25" West; Thence Northeasterly along said curve and said Westerly line of said Bathing Pool River Section and said Easterly Right of Way of said 38`h Street through a central angle of 03° 58' 16", a distance of 5.20 feet to the True Point of Beginning. Subject to easements, covenants, conditions, restrictions, reservations, rights, right-of- way and other matters of record, if any. Shown on EXHIBIT "B" hereto and made a part hereof, containing 62 square feet (0.001 acres) more or less. Michael A. Forkert, P.L.S. 5662 Dated this 19 day of September, 2019 I I I I I S36'2019"E / T. i 17.18' i IA-03'58'16"� L=5.20' R=75' I I 0 m • It M IM L I z C -i I P.O.B. r — BALBOA BOULEVARD N 36'18'29"W SIS OF BEARINGS r S36'20'19"E 11.58' S53'39'41 "W 5.00 , N36'20'19"W 13.00' N&cTMi DH@ P@M, 1 RIVER SECTION M.M. 4-25 \EASTERLY R W I EGEND& ®LANDS AS DESCRIBED IN EASEMENT CORD DATA: CORD OF SURVEY 2012-1020 3.6. 260/39 BASIS OF BEARING: CENTERLINE OF BALBOA BOULEVARD BEING N36'18'29"W DATE: SEPTEMBER 19, 2019 e20F2 Page 5 of 5 SCALE: 1" = 50'