HomeMy WebLinkAboutC-4143 - Grant of Easement for Sanitary Sewer Line PurposesRECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768
Newport Beach, CA 92658
Recording Fee: Exempt
(Government Code — Section 6103)
APN: 049-271-31
COPY
CCO NOT OFR
Recorded i 7 official Records, Or;ii II,t County
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(Space above this line for Recorder's use)
GRANT OF EASEMENT FOR
SANITARY SEWER LINE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Timothy
Bailey Hobin and Dorothy Shea Hobin, trustees of the Timothy Bailey Hobin and Dorothy Shea
Hobin Family Trust Agreement dated February 19, 2008, owners of the real property
commonly known as 721 Saint James Road in the City of Newport Beach, County of Orange,
State of California, hereinafter referred to as "OWNERS", hereby grant(s) to the CITY OF
NEWPORT BEACH, a California Municipal Corporation and Charter City, hereinafter referred
to as "CITY," a non-exclusive easement in perpetuity for sanitary sewer purposes and the
construction, re -construction, re -location, operation, maintenance and repair of sewer mains,
facilities and appurtenances, in, over, across, under and along said certain real property
described in Exhibit "A" and shown in Exhibit "B" which exhibits are made a part of this
document.
CITY agrees to construct and maintain the said sewer mains, facilities and appurtenances in
compliance with all applicable laws, building codes, ordinances, and rules and regulations of
all duly constituted governmental or public authorities having jurisdiction thereof. CITY shall at
all times: (i) take any and all action necessary to minimize interference with OWNER's use and
occupancy of the real property described in Exhibit "A" (the "Property"), including without
limitation by utilizing access to the Property other than through the front street entrance(s); and
(ii) indemnify OWNER against and hold OWNER harmless from, all claims, demands,
penalties, actions, liabilities, losses, damages, costs and expenses which are incurred as a
result of, or which arise or result from, CITY's use and enjoyment of the easement granted
hereby, including without limitation any damage to OWNER's property or to the property of
OWNER's neighbors, tenants, invitees or licensees caused by CITY or CITY's contractors,
invitees or licensees.
OWNERS and CITY agree that OWNERS are responsible for constructing a new sewer lateral
to connect the existing home to CITY'S facility. In doing so, CITY will compensate OWNERS
in the amount of Twenty Two Thousand and Five Hundred Dollars ($22,500.00). Once the
project is complete, OWNERS shall own and maintain said lateral, CITY shall maintain and
, ute uu..t d(11C
..elderlateral.
Nothing contained herein shall be deemed to allow CITY's contractors the right to access
and/or use electrical power or water delivery systems and installations on the Property.
Signature
Print Name Timothy Baitey
TRUSTEE
Signature
Print Name Dorothy
TRUSTEE
of i
lobin
YkWal ,WANV.......MMAI,X,
BEING A PORTION OF LOT 14 OF TRAfF NO. 1218, IN THE CITY OF NEWPOM BEACH,
COLIN-FY OF ORAW3E, STK! L.. OF CALIFORNIA, AS SITOWN ON THE MAP FILED IN BOOK
37, PAGES 41 TIIFZOLIGH 49 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF ThE
COUNTY RECORDER OF SAID COUNH Y, MORE PAREICIILARI Y DESCI1RIBED
FOLLOWS:
A STRIP OF LAND 15.00 FEET IN WIDTH, 5.00 FEET LYING NORTHERLY OF AND 10.00
FEET LYING SOUTHERLY OF THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 14; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID LOT 14, NORTH 04°57'00" WEST 170.53 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89°45'07" WEST 10.00 FEET TO THE POINT
OF TERMINATION.
THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE AT THE EAST LINE OF SAID LOT 14.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Ot_ LAN
cts 0:4
No. 7914
p. 12-31-13
ALDEN &
SSOCIATES
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B • IRVINE, CA 92614-6274
(949)-660-0110 FAX: 66D-0418
EXHIBIT "A"
LEGAL DESCRIPTION FOR
A SEWER EASEMENT
W.O. No.1697-369-002
Engr.B.J.W, Chk'd, J.W.
Date: 07/31/2012
Sheet 1 of'l
15SEWER EASEMENT IN FAVOR
OF THE CITY OF NEVVPORT 'BEACH
LINE TABLE
Li S 59°4507” W 10.00'
ALDEN &
SSOCIATES
CI V 11 • ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B •IRVINF, CA 92614-6236
(949) 660-0110 FAX: 660-0418
v
L
TRUE POINT
OF BEGINNING
1 4
POINT OF
COMMENCEMENT
1
0
*CP
EXHIBIT "B"
td
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR SEWER EASEMENT
W.O. No. 1697-369-002 Date 07/31/2012
Engr. BJ,W. Chk'd. J.W. Sheet 1 of 1
a`ftate of California
County of ofa tN< "' } SS.
On r1neni 131 l_oiLl before me, Tfarola>> 11e.la,J try"St��.,r Notary
Public, personally appeared 1 i o r -Nl 13r a t "/ I-t iss
,who
proved to me on the basis of satisfactory evidence to be the person(`) whose name(O4` are
subscribed to the within instrument and acknowledged to me,. tha he%sp(e/tp(ey executedthe
same in (tIsittfilth6ir authorized capacity(jth), and that by i h fr I)6it signatures) on the
instrument the person), 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.
I
Signature
State of California
County of 012 ArJdtC
ACKNOWLEDGMENT
} ss.
s
TANYA LYNN CONNAUY
Commlaelon Y 202r&95
Notary Public - California
Orange Courtly
Comm. Expires May 24, 2017
On INAfARC1.4 t" y 2,0IL4 before me, N4t 11NN) r_ra 181-NO„1 , Notary
Public, personally appeared Uof'-,c r Aw SI-t fA i 1OF,l rti3
who
proved to me on the basis of satisfactory evidence to be the person
subscribed o the within instrument and ackpowledged to me ha
same in h' /(Se»ithr authorized capacity(i, and that by
instrumen the person(, or the entity upon behalf of which ti4e `r i on(
instrument.
I certify under PENALTY OF PERJURY under the laws of the State
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal)
whose name(,')
elkh4 executed the
ignatures($) on the
acted, executed the
of California that the
TANYA LYNN COR$AUT
Commission n* 2025035
Notary Public • California
Orange County.
My Comm. Expires M y 24, 201
reraror• --
l e4 d
inif IIEN4t)il9f3i !:iPfli,N 14.1:
carry or NEWPORT 13EACf1
PUBLIC WORKS P PAR TM1;°N`h
P.O. f3ox 1760
Newport [leach, CA 92668
Recording Feo: Exempt
Lovornment Coder• Section 6103)
APN: 049-271-31
Recorded in official Re co da;, ureuagn
u li Nt)uyon Cltnlc Fte ordergg�
2014000179417 8:04 am 05109114
47 422 313 6
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(Space above this line for Recorder's use)
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER EASEMENT,
.241
This agreement, made as of the /2 24; day of f444,..c.t. 281 , by
Timothy Bailey Hobin and Dorothy Shea Hobin, Trustees of the Timothy Bailey Hobin
and Dorothy Shea Hobin F:amity Trust Agreement dated February 19, 2008, owners of
the real property commonly known as 721 Saint James Road in the City of Newport
Beach, County of Orange, State of California and as more fully described in Exhibit "A,"
hereinafter referred to as "OWNERS", and BNY Mellon N.A. present holder of a deed of
trust and hereafter described and hereinafter referred to as the "MORTGAGEE."
THAT WHEREAS, OWNERS, did execute a deed of trust dated December 1, 2010,
encumbering that certain real property located at 721 Saint James Road, Newport
Beach, California 92663, Assessor Parcel Number 049-271-31 and as more fully
described in Exhibit "A" ("PROPERTY") to secure a note in the amount of $1,100,000.00
in favor of MORTGAGEE, which deed of trust was recorded on December 7, 2010 as
Document No. 2010000655697 in the Official Records of Orange County, CA; and
WHEREAS, OWNERS have executed, or are about to execute, a Grant of Easement for
Sanitary Sewer Line Purposes, which is attached hereto as Exhibit "A," of even date
herewith, to the City of Newport Beach, a Municipal Corporation and Charter City,
hereinafter referred to as "CITY," subject to the terms and conditions described therein,
which Grant of Easement for Sanitary Sewer Line Purposes is to he recorded
concurrently herewith; and
WHEREAS, it is a condition precedent that the Grant of Easement for Sanitary Sewer
Line Purposes above mentioned shall unconditionally he and remain at all times an
encumbrance, interest or charge upon the land hereinbefore described, prior and
superior to the lien or charge of the deeds of trust first above mentioned; and
NJOVV, I I-11 li I1, >I+I , II r OI k10iAn) I Hi ihf
k row arid other vaduld:elu COnsid(Prstion,
corlsiderntion is hereby acknowledged, and in
the Grant of Basement for Sanitary Sewer
understood and agreed as follows:
•
Iiiuu ldl heiieiil., 3CCFItiIi I iu the ft
the receipt ancl suiiicioul.y of which
order to induce City to consent to obtain
Line Purposes, it is hereby declared,
(1) That said Grant of Easement for Sanitary Sewer Line Purposes in favor of
City shall unconditionally be and at all times remain an encumbrance, lien ancl charge
on the property therein described, prior and superior to the lien or charge of the deeds
of trust first above described.
(2) That City would not consent to Grant of Easement for Sanitary Sewer Line
Purposes without this SUBORDINATION AGREEMENT.
(3) That this agreement shall be the whole and only agreement with regard to
the subordination of the lien or charge of the deeds of trust first above mentioned to the
Grant of Easement for Sanitary Sewer Line Purposes in favor of the City above referred
to and shall supersede and cancel, but only insofar as would affect the priority between
the easement and deeds of trust hereinbefore specifically described, any prior
agreement as to such subordination including, but not limited, those provisions, if any,
contained In the deeds of trust first above mentioned, which provide for the
subordination of the lien or charge thereof to another deed or deeds of trust.
DATED: .3I17 J'Y
OWNERS:
Timothy Bailey Hobin and Dorothy Shea Hobin, Trustees of the Timothy Bailey Hobin
and Dorothy Shea 1-robin Family Trust Agreement dated February 19, 2008
eA
Timothy ailey Hobin, Trustee Dorothy Shda obin, Trustee
MORTGAGEE:
BNY MELLON N.A.
By:
Its:
By:
Its:
}VI(r t 1tr f! i
t?;tato of California }
County of fir--PNtat'-
On
to 9Itttt.ldbefo:eme, Mt
- IA .11Nr,)C rc ar t � rtAF'jNamee/Ti�le) personally appeared
"i..
i ___._
who proved to me on the basis of satisfactory evidence to be the person whose name Jjd/te
subscribed to the within instrument and acknowledged to ne that his/ ey xecuted the same m
I /h/r/ Fer"r authorized capacity s r' and that by h , , I r (tfreir, ;signature r on the instrument the
peisol sj)or the entity upon behalf of which the perso s}. cted executed the instrument.
yam,
l 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.
State of California }
County of
On before me,
Notary Public
ACKNOWLEDGEMENT
TANYA LYNN CORRAnr
Commissmn 0 2OZfl 5
No%arY Puolto C,IWO tl
Oranp�
Comm„ExrssMina 20
(Name/Title), personally appeared
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/she/they executed the same In
his/her/their authorized capacity(les), 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.
Notary Public Signature Notary Public Seal
, ii life, 1f !'; i " i; `i lii (..7It lit y ',P<:'., „i it,li a= e;, of}„n ¢,:k ;i
Ili' 3to untl iallha IIJIi- is ft i st lft.Wuii, fht. ri ( ;II it si pili:ls ti;:y Ui whirl!
t,onsicleration is hen^bvt tsilv41e drle3d, :hid hi ril1IL r to inthu:n t`.iiy hit cinise:nt in ohtrain
the Grant of i'.ricc iiiutit fur 1:a,anitary Scwer L.in t urpit is hereby declarod,
understood and agreed as follows:
(1) Mat sold Grant of L osoment for Sanitary Sewer lino t'iirposes in favor of
City shall unconditionally be and at all times romain an encumbrance lien and charge
on the property therein described, prior and superior to the lien or charge of tho deeds
of trust first above described.
(2) That City would not consent to Grant of Easement for Sanitary Sewer Lino
Purposes without this SUBORDINATION AGREEVIENi,
(3) That this .agreement shall be the whole and only agreement with regard to
the subordination of the lien or charge of the deeds of trust list above mentioned to the
Grant of Easement for Sanitary Sewer Line Purposes in favor of the City above referred
to and shall supersede and cancel, but only Insofar as would affect the priority between
the easement and deeds of trust hereinbefore specifically described, any prior
agreement as to such subordination including, hut not limited, those provisions, if any,
contained in the deeds of trust first above mentioned, which provide for the
subordination of the lien or charge thereof to another deed or deeds of trust.
DATED: 'jll:///
OWNERS:
Timothy Bailey Hobin and Dorothy Shea I-lobin, Trustees of the 7 imothy Bailey Hobin
and Dorothy Shea Hobin Family Trust Agreement dated February 19, 2008
Timothy Bailey Ho in, Trustee
MORTGAGEE:
BNY MELLON N.A.
.M L
Dorothy Stir Hobin, Trustee
or Cdifomi€r )
oun
On i`!i'WC .il t t berme mar,
who pi overt to me on the basis of s Ihsf,rutoly evidence to he the pets;olf(gi whose neaan np/f s/(i
ub+aribedto the within Instrument rand acicnuvlcrtgud to me that hpfs1pe/itley executed the a iia
ha' /i) lit xair ,authorized capacitQie .), and that by histtaer/f eir,en the in -Armor it the
petson(S) or the entity upon behalf of which the per sort[is) icted, executed the inch ument.
I certify under PENAL 1 Y OF PERJURY unclear they laws of the State of California that the to
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public;-^ijrfaturo
Notary Public Seal
ACKN0WLFZDGEMENT
'), personally appeared
Tieing
State of Gefifemie4 tu(t6Sfrktf{u se-CrS
County of '6QFTh_Kt
Tim of N�IAteof �14- t�r,C..
on b( } before me, f- K blgra,,, ll`IametTitle), personally appeared
wee_ I t_yht•«
who proved to me on tho basis of satisfactory evidence to be the person(s) whose name(s) Is/arc
subscribed to tho within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capaclty(ies), and that by his/her/thou signature(s) on the instrument the
person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALLY OF PERJURY under they laws of the Stele of California that Ole foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
HolzryPublic Sign, tu e
PAUIItT(p C. OF t Pd r¢x
Notary Public
Commonwealth of Massachusetts
My Commission Expires
October 8, 2015
Notary Public Seal
PTANCE.
This. CERTIFICATE C)F ACCLP°F'ANCE is to certify that the intoresl in real property
conveyed by Grant of Easement Sanitary Sewer Line Purposes at 721 Saint Jaynes
Road from TIMOTHY BAILEY HOBIN AND DOROTHY SHEA HOBIN FAMILY TRUST
AGREEMENT, as Grantor and the City of Newport F3each, a Califomia municipal
corporation, as Grantee, is hereby accepted on �i�� L ..°, 2013, 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:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH
A California municipal corporation
Date: '` ,
By:
( Dave Kiff
City Manager
RECOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS DEPART ICq ENT
Date
By:
David A. Webb
Public Works Director
State of California )
County of ORANGE )
On �`„'tia.lw°,t;�..a before me, Jc, Notary
Public, personally appeared DAVE KIFF, 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.
Signature
(Seal)
JFNNIFER ANN MULVEY
< 1 $ CUmmission 0 2046022
u t Notary Public - California
Orange County
My Comm., Expires Oct 12, 2017