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HomeMy WebLinkAboutC-7476-3 - Grant of Easement (Grant Howald Park Rehabilitation)Batch 13962083 Confirmation Page 1 of 8 CF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 1452 EDINGER AVE, 3AD FLOOR TUSTIN, CA 92780 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 $0 Signature of declarant or agent determining tax: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I I II II I III IIII' I I II I I I I II 19.00 *$ R 0 0 1 3 7 3 6 0 6 6 $ * 2022000183455 9:58 am 05/17/22 65 RW10A E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.000.000.00 0.00 Exchange: Newport Beach/Corona Del Mar Irvine Sub Blk 93 APN: 458-642-07 LE(43) AOIXZ67 E042106/CA-2021 -APR- 1108342-0 Page 1 of 3 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 https://gs.secure-recording.com/Batch/Confirmation/13962083 05/17/2022 CF0057B UNDERGROUND AFTER RECORDING, RETURN TO: PACIFIC BELL TELEPHONE COMPANY R/W OFFICE 1452 EDINGER AVE, 3an FLOOR TUSTIN, CA 92780 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 Irvine Sub Blk 93 APN: 458-642-07 LE(43) AOIXZ67 E042106/CA-2021-APR-1108342-0 Page 1 of 3 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 Irvine Sub Blk 93 LE(43) A01XZ67 E042106/CA-2021 -APR- 1108342-0 Page 2 of 3 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 property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of such facilities. 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 day of I i m I , 2022- THE CITY OF NEWPORT BEACH, a Municipal Corporation BY: • G K. Leung ��WP VV Manager APPROVED TO FORM: ATTEST: Imo- ' , c U __: y -- - BY: BY: ar C. Harp �� Leilani 1. Bro 7�✓ City Attorney b�ti City Clerk cA SEE PAGE 3 Irvine Sub Blk 93 LE(43) AOIXZ67 E042106/CA-2021-APR-1108342-0 Page 3 of 3 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 020Nla6 On MA-1 t'l %7-02-2 before me, J UJI-41 FEV— ANUJ MV L.yE Y , Notary Public, personally appeared 69-A LE K - L f-y hl 4a , who proved to me on the basis of satisfactory evidence to be the person(4) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that h"he/they executed the same in 44iaer/their authorized capacity(ies}, and that by lamer/thoirsignature(s) on the instrument the person(4), or the entity upon behalf of which the persons) 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 MULAY N - �'�► oti ry Publk • CNMomM CwV County Commbsion S 237:12, •• My Comm. O piros Oct 39 EXHIBIT "A" LEGAL DESCRIPTION AT&T EASEMENT A strip of land 8.00 feet wide lying in Block 93 of Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 1, Page 88, of Miscellaneous Maps, in the Office of the County Recorder of said Orange County, the centerline being described as follows: Beginning at the centerline intersection of Goldenrod Avenue and 5TH Avenue as shown on Parcel Map No. 2005-277 filed in Book 354, Pages 1 and 2, of Parcel Maps in the office of the County Recorder of said County; Thence South 49' 25' 57" East along the centerline of said 5TH Avenue, a distance of 123.46 feet; Thence North 40' 34' 55" East a distance of 25.00 feet to a point, said point being on the northeasterly Right of Way of said Fifth Avenue, said point also being the True Point of Beginning and centerline of the easement; Thence North 40' 34' 55" East a distance of 34.00 feet to the end of said strip. Shown on EXHIBIT "B" hereto and made a part hereof, containing 272 square feet (0.006 acres) more or less. EXHIBIT "B" C L GOLDENROD AVE CIL 5TH AVE OP 0' 00 00 LEGEND: O 8FT WIDE UNDERGROUND EASEMENT TO PACIFIC BELL TELEPHONE COMPANY dba AT&T CALIFORNIA T N NO SCALE