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HomeMy WebLinkAboutC-8764-1 - Grant of Easment for Storm Drain PurposesBatch 11505841 Confirmation RECORDING REQUESTED AND WHEN RECORDED RETURN TO: WHEN RECORDED MAIL TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 WITH A COPY TO: Brian L. Sheehy, Trustee Carnation Cove Trust 2495 Ocean Boulevard Newport Beach, CA 92625 Page 1 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE *$ R 0 0 1 3 1 1 5 5 0 4$ 2021000536992 2:31 pm 08126121 371 502A E01 A04 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR STORM DRAIN PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BRIAN L. SHEEHY, TRUSTEE OF THE CARNATION COVE TRUST DATED MAY 11, 2012, 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, exclusive easements for storm drain purposes, and those appurtenances and uses commonly associated therewith, and the construction, re -construction, relocation, operations, maintenance and repair of sewer mains, facilities and appurtenances, in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this document. The easement rights granted herein include the following: (a) the right of ingress and egress, from the easement herein described, across the lands of Grantor for all purposes useful or convenient in connection with or incidental to the exercise of the rights herein granted at locations which shall not interfere with grantor's reasonable use of its remainder property; (b) the right to construct, reconstruct, repair, replace, operate and maintain said facilities and the right to enter upon, pass and re -pass over, along, and beside said easement and right-of-way; and (c) the right to deposit tools, implements and material there on, (d) The rights granted herein are for the benefit of the City of Newport Beach, its officers, agents, employees, successors or assigns, or by any contractor, its agents or employees, engaged by said City, its successors or assigns, whenever and wherever necessary for the purposes above set forth. https://�(js.secure-recording.com/Batch/Confirmation/1 1505841 08/26/20211 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: WHEN RECORDED MAIL TO: City of Newport Beach City Clerk's Office 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 WITH A COPY TO: Brian L. Sheehy, Trustee Carnation Cove Trust 2495 Ocean Boulevard Newport Beach, CA 92625 Recording Fee: Exempt (Space above this line for Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR STORM DRAIN PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BRIAN L. SHEEHY, TRUSTEE OF THE CARNATION COVE TRUST DATED MAY 11, 2012, 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, exclusive easements for storm drain purposes, and those appurtenances and uses commonly associated therewith, and the construction, re -construction, relocation, operations, maintenance and repair of sewer mains, facilities and appurtenances, in, over, under, along, and across said certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this document. The easement rights granted herein include the following: (a) the right of ingress and egress, from the easement herein described, across the lands of Grantor for all purposes useful or convenient in connection with or incidental to the exercise of the rights herein granted at locations which shall not interfere with grantor's reasonable use of its remainder property; (b) the right to construct, reconstruct, repair, replace, operate and maintain said facilities and the right to enter upon, pass and re -pass over, along, and beside said easement and right-of-way; and (c) the right to deposit tools, implements and material there on, (d) The rights granted herein are for the benefit of the City of Newport Beach, its officers, agents, employees, successors or assigns, or by any contractor, its agents or employees, engaged by said City, its successors or assigns, whenever and wherever necessary for the purposes above set forth. Grantor shall not plant any trees or bushes within or erect, construct or install any fence, wall, irrigation or any other type of structure, improvement or private utilities over, across or upon said easement and right-of-way without first obtaining written permission from Grantee, which shall not be unreasonably withheld. Grantor shall keep the easement area clear from any obstacles that will make the area un -accessible. The conveyance of said easement and right-of-way is made for the benefit of all parties who have or may acquire any right, title, or interest in any part of the above described real property. This conveya ce is qnding on the Grantor, its heirs, assigns or successors in interest. Dated: 2 2 - Signature Signature Print Name Brian L. S eehy Trustee, Carnation Cove Trust dated May 11, 2012 ACKNOWLEDGMENT State of California County of ()'.A ICAC }ss. On AUG-iUS) 2517,02-1 bre me, LA9A A. �Et`!�i Notary Public, personally appeared �,1AefpL. 51-IEf-09 ,who proved to me on the basis of satisfactory evidence to be the person whose name(;4 is/0 subscribed to the within instrument and acknowledged to me that he/sJW/tXy executed the same in his/her/their authorized capacity(, and that by his/fitWir signatures) on the instrument the person(s), or the entity upon behalf of which the personX 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. G�- Signature LARA A. ZENK COMM. #2249635 z zQM Notary Public • California o Orange County g Comm. Expires J ly 13, 2022+ (seal) CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by Grant of Easement at 2495 Ocean Boulevard from BRIAN L. SHEEHY, TRUSTEE OF THE CARNATION COVE TRUST DATED MAY 11, 2012, as Grantor and the City of Newport Beach, a California municipal corporation, as Grantee, is hereby accepted on , 2021, 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'S OFFICE Date: (8 /1 ZZ Zv z 1 By: a -i�_. Aaron C. Harp City Attorney �\ ATTEST: Date: Uk ZDR) By: Leilani I. Brown City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH A California municipal corporation Date: / ;--(-1 By: /'�' t-�� Grace ung City M ger RECOMMENDED FOR ACCEPTANCE: PUBLIC WORKS DEPARTMENT Date: b' Zfl21 By: David A. Webb Public Works Director On 40C�uST ZtQ�2021 before me, JtNt4ifelL ANN Notary Public, personally appeared GRACE K. LEUNG, 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(ies), and that by his signature on the instrument the person, 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 Jennifer Ann Mulvey Signature COMM #2214138 a Nota Public - California mOyyGECOUNYWomiwon Expires oc.12,2021(SeaI) TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 2-8586 FAX 9) 9(9449) 9498 8625 PARCEL1 joB 14814 Sheehy SHEET NO. 1 OF 2 CALCULATED BY LLC DATE _ 09/11/20 (revision) CHECKED BY — DATE Gree F EXHIBIT 'A' - LEGAL DESCRIPTION Storm Drain Easement Portion of Parcel 2 of P.M.B. 36/3 Newport Beach, California A Wedge of land situated in the City of Newport Beach, County of Orange, State of California being a portion of Lots C and D of Corona Del Mar as per map filed in Book 3, Pages 41 and 42 of Miscellaneous Maps and as shown as Parcel 2 of a Map filed in Book 36, Page 3 of Parcel Maps, All in the Office of the County Recorder of said County, being more particularly described as follows: Commencing from the most Northerly corner of said Parcel 2, thence South 19016'15" East, along the Easterly line of said Parcel 2 a distance of 5.26 feet to the TRUE POINT OF BEGINNING. Thence leaving said Easterly line and parallel to the Northwesterly Line of said Parcel 2, South 52°33'20" West, 23.07 feet; thence North 69029'03" East, 21.89 feet to the Easterly line of said Parcel 2; thence North 19016'15" West, 6.71 feet to the POINT OF BEGINNING. Also as shown on Exhibit 'B' attached hereto and by this reference made a part hereof. LAND VIKTOR P. o PREPARED BY ME OR UNDER MY MEUM �° DIRECTION ON: %- 2(o- 20Z% uA No. 8682 �Q 9TF of CAS \F�` VIKTOR P. MEUM LS 8682 TOAL ENGINEERING, INC. 139 AVENIDA NAVARRO SAN CLEMENTE, CALIFORNIA 92672 FAX (949) 9498 58625 joB 14814 Sheehy SHEET N0. 2 OF 2 CALCULATED BY LLC DATE 09/11/20 (revision) CHECKED BY --= SCALE 1 = EXHIBIT 'B' - SKETCH TO ACCOMPANY LEGAL DESCRIPTION Storm Drain Easement Portion of Parcel 2 of P.M.B. 36/3 Newport Beach, California SOV 9 MU .N. 02.060.91@ 4 --r N69 Ngo Parcel 2 (P.M.B. 3613) DATE SCALE: C) N)1 "=20' P/ �j P P<Z-�� . LEGEND P.O.B. POINT OF BEGINNING ------- EASEMENT LIMITS C777-77771 PROPOSED EASEMENT AREA +'++,++1 EXISTING L._�- �--_j EASEMENT AREA � 51 '(�J• 161 1� �� / � 61 51g1 L L L L �Q LAND SG PREPARED BY ME OR UNDER MY VIKTOR P. MEUM DIRECTION ON: - - b * uj No. 8682 �Q CN, �VIKTOR P. MEUM LS 8682