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HomeMy WebLinkAboutC-519(V) - West Coast Highway, 1221 (Balboa Bay Resort) - Easement Deed Highway 2021RECORDING REQUESTED BY DEPARTMENT OF TRANSPORTATION WHEN RECORDED MAIL TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 1750 E. 4T" STREET, SUITE 100 SANTA ANA, CALIFORNIA 92705 ATTN: EVANGELINA WASHINGTON R/W TITLES & ESCROW This office is exempt from filing fees under Government Code 6103 & 27383. No tax due for Revenue & Taxation Code 11922. Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 �! � IIOIII III 11111111111111 h'11 NO FEE *$ R 0 0 1 3 4 0 8 6 9 3$* 2021000755242 10:43 am 12/16/21 93 RW11A E01 6 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 CONFORMED COPY a Ot Compared with Original Written by: BB Checked by: TA, SE EA: 0P680 R/W Map No.: E120142-09, 15 APN: 049-161-05 EASEMENT DEED HIGHWAY Space above this line for Recorder's Use District County Route Postmile Number 12 ORA 001 18.8 104035-1 City of Newport Beach, a municipal corporation and charter city, organized and existing under and by virtue of its charter and the laws of the State of California, hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE or GRANTEE, an easement for the right of way and incidents thereto for a public highway upon, over and across that real property in the City of Newport Beach, County of Orange, State of California, described as follows: See Exhibits A & B ("Legal Description and Exhibit Map"), attached. The GRANTOR hereby further grants to STATE all road building materials within the right of way, together with the right to use same in such manner and at such location as the STATE may deem proper, needful or necessary for the construction, reconstruction, improvement or maintenance of the highway, in strict compliance with all applicable state and federal laws and regulations. The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for severance damages based on the Toss in value of the remainder of GRANTOR's property caused by the State's acquisition of Parcel 104035-1 and construction of the State's project in the manner proposed (See Code Civ. Proc., §§ 1263.410 & 1263.420); provided, however, such waiver shall not apply to damages to the GRANTOR's remaining property caused by the negligence or other wrongful acts of STATE and/or its contractors/subcontractors. [SIGNATURES ON NEXT PAGE] GRANTOR: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 By: Aaron Harp City A o ney ATTEST: eg_ Date: 1A.1 I By: 00 1 Leilani I. Brown City Clerk Number 104035-1 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: 17-145/7497-i Gracung City ager This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated t2I I t 12_02_ BY ADETOKUNBO OMISHAKIN Director of Transportation By �' f EVANGEI NA W + H INGTON, Branch Chief, R/W Planning & Management, Project Coordination & Acquisition District 12 Highway EASEMENT DEED CORP HIGHWAY 104035-1.docx Page 2 of 3 Number 104035-1 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 Off) (, £ ) On 12 18 t 2O2.1 before me, Et4N Y3N rvIV L(e-f N OrF14i2"t P..)3 `< < (insert name ana utie of me otnceo personally appeared C,t A c_ E . , Lij tJ 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%he/they executed the same in his/her/their authorized capacity 004 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. Signature (Seal) JENNIFER ANN MULVEY Notary Public - California Orange County Commission # 2315299 My Comm, Expires Oct 12, 2025 Number 104035-1 ACKNOWLEDGEMENT BALBOA BAY CLUB VENTURES, LLC, a California limited liability company, hereby acknowledges and consents to this Easement Deed by Grantor to State affecting certain property leased to Balbo.:ay Club Ventures, LLC by Grantor pursuant to that Amended and Restated Grou r : Lease dated October 29, 2013. Dat By: Kev Pres By: Todd M. Pi Secretary d this /3 day of ECE,V1I& / . , 2021. Highway Easement Deed Corp Highway Blackline 12062021€asement-Deed Page 3 of 3 EXHIBIT 'A' LEGAL DESCRIPTION Parcel 104035-1: HIGHWAY EASEMENT Being that portion of real property in the City of Newport Beach, County of Orange, State of California as described in a deed to the City of Newport Beach, recorded March 13, 1929 in Book 249, Page 423 of Official Records in the office of the County Recorder of said County, described as follows: COMMENCING at the at the westerly terminus of that certain curved course, concaved northerly and having a radius of 2550.00 feet, and a central angle of 18° 21' 32", as shown on Sheet 9, of Record of Survey No. 2019-1005, filed in Book 315, Pages 4 through 31, inclusive of Record of Survey, in the office of said County Recorder, said curve also being the southerly right of way line of Pacific Coast Highway, for the purposes of this description, a radial line to said point bears South 16° 33' 32" West; thence easterly, 81.36 feet along said curve through a central angle of 01 ° 49' 41" to the POINT OF BEGINNING; thence leaving said southerly right of way line, South 02° 59' 55" East, 17.67 feet; thence North 87° 00' 05" East, 4.05 feet; thence South 62° 46' 04" East, 8.79 feet to the beginning of a non -tangent curve concave westerly and having a radius of 22.00 feet, a radial line to said point bears South 60° 45' 09" East; thence northerly 18.30 feet along said curve through a central angle of 47° 39' 38" to a point on said southerly right of way, said right of way being said curved course having a radius of 2550.00 feet, a radial line to said point bears South 14° 23' 43" West; thence westerly 14.94 feet along said curve through a central angle of 00° 20' 09" to the POINT OF BEGINNING. Containing 247 square feet, more or less. All bearings and distances described herein are based on the California Coordinate System of 1983, Zone VI, North American Datum of 1983 (Epoch 1991.35). The distances shown herein are grid distances. Divide grid distances by a combined factor 0.99998271 to obtain ground distances. This land description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Signature: /V-7/ Date: O 8/06 Mark S. a Sharber * PLS 7411 STATE ROUTE 1 - PACIFIC COAST HIGHWAY LT* Lf) LC) o N z z 0� o aL() N 01 ✓ to N O 'yr X d --I U cr U 0 c EXISTING STATE R/W RIGHT OF WAY EXHIBIT MAP EXHIBIT "B" Map of Parcel 104035-1 NOT TO SCALE u) 1- W w J 0 F- 0 Z N x co w00 - x 1- o^ cc } zQ Z� 0 O U f- U N 0 co M 0al0 O Ih • 0 • N N CO N II II II CC a CC S60° 45'09"E W O o N r- �co oft / 1-1-1 In to o ZLI o (0 0 0 / 0 w r co in (D Z / 0 Lc) / (Ac\J W //J /ZZ I— Z o W Z / Z 0 W 0 W Q m o o m00 J I— I— Q V) <Z Z 3 C) 0 0 = Q W !L X II II II I II [DU cr O O W C W W