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
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