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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 h ordei H�I I�! 141 I n Iin IIIIl:Ii'f t111 II IIII NO FEE*$ R 0 0 0 6 6 8 5 B 5 0$* 2014000179416 8:04 am 05/09114 47 422 E01 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 (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 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 (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