HomeMy WebLinkAboutC-4394 - Offer of Dedication for Alley Purposes for 912 East Ocean FrontREGO!
WHEN
1) AND
N 10:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
POST OFFICE BOX 1768
Newport Beach, CA 92659-1768
COPY
CCO NOT OFR
Recorded in offci11 Records, Oranys,. t aunty
Renee Ramirez, Assistant Clerk Recorder
1,1111111V 11l11 ! 11 11111'! 1� 54..00
+$ R 0 0 0 5 7 3 3 5 8 6 4+
2013000197558 1:07 pm 04102/13
47 422 001 A04 F13 14
0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00
Recording Fee: Exempt
(Government Code — Section 6103)
(Space above this line for Recorder's use)
OFFER OF DEDICATION FOR
ALLEY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MORCOS
KHALIL AND VEVIAN KHALIL, as trustees of the KHALIL 2004 FAMILY TRUST dated June
18, 2004, owner of certain real property commonly known as 912 East Ocean Front situated in
the City of Newport Beach, County of Orange, State of California, Assessor's Parcel No. 048-
143-20, hereby make an offer of dedication to the CITY OF NEWPORT BEACH, a municipal
corporation, for street, highway and utility purposes in, over, under, along, and across said
certain real property described in Exhibit "A" and shown in Exhibit "B" which exhibits are made
a part of this document.
Dated:
Signature
Print Name
alil, Trustee
MORCOS KHALIL, AS TRUSTEE OF THE KHALIL
2004 FAMILY TRUST
Signature t')J
Print Name Vevian Khalil, Trustee
,
VEVIAN KHALIL, AS TRUSTEE OF THE KHALIL
2004 FAMILY TRUST
State of California
County of 3.5
On
Public, personally appeared } k,C
AC NO
} ss.
t Gt TENT
beforeme, t ft )
F
, Notary
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/shefthe9 executed the
same in his/hef�heirauthorized capacity(ies), and that by his/herltheifsignatures(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 Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
State of California
County of } ss.
ACKNOWLEDGMENT
(seal)
KIM SANTIAGO
Commission # 1974822
Notary Public - California
Orange County
Comm. Ex Was Apr 15 2C
On before me, , Notary
Public, 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(ies), and that by his/her/their signatures(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)
EXHIBIT "A"
ALLEY DEDICATION
BEGINNING AT THE NORTHERLY CORNER OF LOT 21 IN BLOCK 14,
BALBOA TRACT, BOOK 4, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA;
THENCE S 65°30' 18" E ALONG THE NORTHERLY LINE OF SAID LOT A
DISTANCE OF 30.06 FEET, THENCE S 28°07'45" W ALONG THE EASTERLY
LINE OF SAID LOT A DISTANCE OF 15.03 FEET, THENCE N 65°30' 18" W A
DISTANCE OF 30.06 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT
21, THENCE N 28°07'44" E ALONG THE WESTERLY LINE OF SAID LOT 21 A
DISTANCE OF 15.03 FEET TO THE POINT OF BEGINNING.
EXNI
�Y,
FOR STM
ET, HIGHWAY AND UTILITY PURPOSES
CI tY OF NEWPORT BEACH
LOT 21, BLOCK 14
BALBOA TRACT
BOOK 4, PAGE 11, M.M.
912 E. OCEAN FRONT
SCALE: 1"=10'
1,22)
EXISTING RESIDENCE
FF=11.28
(TO BE DEMOLISHED)
11>
tiN �D
Ix Q-
Cp ?•
V On_ Lq
to
y
•4
LOT 21
A.P.N. 048-143-20
912 E. OCEAN FRONT
EXISTING RESIDENCE
FF=13.28
(TO BE DEMOLISHED)
\OZ 21
P p'� p4w-
EXISTING RESIDENCE
19
I
SITETECH INC.
38248 POTATO CANYON RD., OAK GLEN, CALIFORNIA 92399
PH: (909) 864-3180, FAX: (909) 864-0850
CERTIFIC A I"E OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by Offer of Dedication at 912 East Ocean Front from MORCOS KHALIL AND
VEVIAN KHALIL, as trustees of the KHALIL 2004 FAMILY TRUST dated June 18, 2004
as Grantor and the City of Newport Beach, a California municipal corporation, as
Grantee, is hereby accepted on Fc\arvory 1 , 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 ATTORNFY'S OFFICE
Date:
By:
Aaron G. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
State of California )
County of ORANGE )
On Mc&raL 191 (2013 before me, )4iY1^ Rt Y , 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.
CITY OF NEWPORT BEACH
A California municipal corporation
Date: 31w1t3
By:
Dave Ki
City Manager
RECOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS.pEPARTMF
Date:4-;2- ?J /3gi
David A.We
Public Works Director
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.
(Seal)
KIM RIEFF
Commlealon # 1967536
Notary Public - California
Orange County
Cpmm. EKplres Jon 26, 2016
RECORDING REQUESTED BY:
North Orange County Escrow Corporation
Order No. 0E1211088
Escrow No. 64298-15
Parcel No. 048-143-20
AND WHEN RECORDED MAIL TO:
MORCOS ICHALIL
VEVIAN KHALIL
17221 BLUE SPRUCE LANE
YORBA LINDA, CA 92886
TWA E)UCBmoot was (ilea( i l by
North County 0
Recorded in Official Recordo, Orange County
Remo Ramirez, Amistent Clerk Recorder
2013000041500 02:53pin 01/22/13
217 408 G02 F13 1
0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX 1S S0,00 - NO
CONSIDERATION - CORRECTION OF NAME AND TRANSFER TO A TRUST
❑ computed on full value of property, conveyed, or
❑ computed on frill value less liens or encumbrances remaining at the time of sale.
❑ unincorporated area: El Newport Beach, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Morcos IClralil, who acquired title as Marcus IChalil and Vevian Khalil, husband and wife as joint tenants
hereby GRANT(S) to
Morcos Khalil and Vevian IChalil, Trustees of the Khalil 2004 Family Trust
the following described real property in the County of Orange, State of California:
Lot 21 in Block I41t8 7H8klift1.NpliiiRf ,$( yity of Newport Beach, County of Orange, State of California, as
per Map recorded in Book 4, Pages 11, Mtsce.
County.
Date e...: ■ 22,
Vevian
STAIt OF CALIFORNIA
} S.S.
COUNTY OF aarriel}
GS11Ft l�tJi3 OnJ, before me, i`1
rlul 1TG9� 1:0,7: �f:hhl l:Jo nt 1 I girder of said
CJHA,JA 18 *»ti 8Rg38 T1 it W1oai n
Y7K.103 iietWARO iNT ?() 3f1UTAt'ir7fg
WitiF4001341403313 IN l f8f8?A
fAaill/3180
nccMA, 'QLripG U .
personally appeared Morcos Khalil and Vevian Khalil who proved to m on the basis oCaJAtisfactory 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(ies), 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)
KIM SANTIAGO
Commission # 1974822 z
Notary Public - California z
Orange County
My Comm. Expires Apr 15, 2016
Jan 22 13.04s03p Marcos Khalil
T•d
T,-!FATE PLA
714 933 1814
and Vevian Khalil
AI Trust
All Assets of Trust to be Titled es Follows:
Morcos Khalil and Vevian Khalil, Trustees of
the Khalil 2004 Family Trust,
Dated June 18, 2004
Page 1 of 25
p.4
DRAFTED BY:
The Law offices of Glen 0, Duval, Inc.
Union Bank South Tower
600 South Main Sheet, Suite 900
Orange, GA92865
Tel: (714) 542-5100
Fox: (714) 542-550H
E9LL49S 4TL saa;Aaasle;oueu;d uosl;m dSE:2o so BO clad
Jan 22 13 04:04p
a-4
Marcos Khalil
711 993 1814
KHALIL 2004 FA ILY TRUST
DATED: June 18, 2004
ARTICLE ONE
1.1. Declaration. MORCOS KHALIL and VEVIAN KHALIL (called the settlors or the
trustees, depending on the context, and sometimes referred to as HUSBAND and
WIFE) declare that they have transferred and delivered to the trustees, without
consideration, the property described in Schedule A, attached to this instrument. We
hereby revoke all prior Trusts.
ARTICLE TWO
2-1. Property constitutln4,Trust Estate. All property subject to this Instrument from
time to time is referred to as the trust estate and shalibe held, administered, and
distributed according to this instrument.
2,2 Community Property in Trust. All property transferred to this trust described In
Schedule A is community property and shall retain its character as such
notwithstanding the transfer to this instrument. Any power reserved to the settlors to
alter, amend, modify, or revoke this trust, in whole or in part, Is held by the settlors
during their joint lifetimes in their capacity as managers of the community property,
subject to all restrictions imposed by law on their management of the community
property.
2.3. Separate Property In Trust. All property transferred to this trust described In
Schedule B as the separate property of either settior was, before its transfer, the
Page 2 of 25
69LL499 414
sao$AJasietoueut8 uosttl'
dSE:20 SD 60 clad
Jan 22 1:1 04: 06p Marco Khalil
c•d
714, 998 1814
p.6
the laws of succession of the State of California then if force relating to separate
property not acquired from a parent, grandparent, or previously deceased spouse.
ARTICLE NINE
9.1 Trustees' Powers. The trustees shall have the full power to sell, encumber,
convey, exchange, invest, reinvest, partition, divide, improve, and repair the property
constituting the trust estate from time to time, and the trustees shall have all powers
conferred on the trustees by law and all powers contained in California Probate Code
sections 16200-16249 and any successor statutes. The enumeration of certain powers
In this instrument shall not limit the trustees' general powers, and they shall have all the
rights, powers, and privileges that an absolute owner of the same property would have,
subject to their fiduciary obligations, and to any limitations stated elsewhere in this
Instrument.
The trustees may, in the trustee's discretion, Invest and reinvest trust funds in
every kind of property (real, personal, or mixed) and every kind of Investment,
specifically including, but not limited to, corporate obligations of every kind; preferred or
common stocks; shares of investment trusts; investment companies; and mutual funds;
life insurance policies; notes, real estate, bonds, debentures, mortgages, deeds of
trusts, mortgage participations, market funds and index funds appropriate under the
then -prevailing circumstances (specifically including, but not limited to, the factors set
out in Probate Cede g 16047(c));
1, General economic conditions.
2. The possible effect of inflation or deflation.
e9L6tr99 *TL
Page 12 of 25
se rnaasIetaueut4 uosTElq
dsE:ac GO 60 clad
n 22 1a 04106p
Marcos Khalil
993 1011
3. The expected tax consequences of investment decisions or strategies.
4. The role that each investment or course of action plays within the overall
trust portfolio.
5. The expected total return from income and the appreciation of capital.
6. Other resources of the beneficiaries known to the trustee as determined
from information provided by the beneficiaries.
7. Needs for liquidity, regularity of Income, and preservation or appreciation
of capital.
S. An asset's special relationship or special value, if any, to the purposes of
the trust or to one or more of the beneficiaries.
In so doing, the trustee shall exercise care, skill, and caution to attain the
settler's goals under this instrument. The trustee shall consider individual investments
as part of an overall investment strategy having risk and return objectives reasonably
suited to the purposes of the trust. The trustee's investments may include stock In, or
any common trust fund administered by, the trustee or stock in any entity owned by the
trustee or that owns the trustee.
ARTICLE TEN
10.1. Construction of Terms. In all matters of Interpretation necessary to give effect to
any clause of this instrument, the following rules shall apply:
(1) Gender and Number. The masculine includes the feminine and neuter, the
feminine includes the masculine and neuter, the neuter includes the masculine and
feminine, the singular includes the plural, and the plural includes the singular.
Page 13 of 25
29LL49S 414 saarnaagte;oueuld uosTIM 4SE:2O SO 50 clad
Jan 22 13 04:06p
Marcus Kha1 i1
711 993 1n14
to . 8
ARTICLE FOURTEEN
14.1. FAMILY TRUST. The trust created in this instrument may be referred to as the
KHALIL 2Q04 FAMILY TRUST.
As settlors of the trusts created by this declaration of trust, we approve this declaration
of trust in all particulars, and agree to be bound by its terms and conditions.
Executed on June 18, 2004, at Santa Ana, California.
MORCOS KHALIL,
VEVIAN KHALIL, Settlor t
We certify that we have read the foregoing declaration of trust and that it correctly
states the terms and conditions under which the trust estate is to be held, administered,
and distributed. As trusteestof the trusts created by this declaration of trust, we approve
thls declaration of trust in all particulars, and agree to be bound by its terms and
conditions.
State of California
County of Orange
}
}
9•d E9LLir9S 41L
MORCLiS KHALIL, T
VEVIAN KHALIL, Trustee ,`r.w. ¥1 `.k
Page 21 of 25
saornJasletoueuTI uo511M dsetaf SO GO gad
Jan z2 13 O4: 'Sp Marcos Khalil
V14 333 1814
On June 18, 2004, before me, JEFFREY PAUL WILSON, a notary public, personally
appeared MORCOS KHALIL and VEVIAN KHALIL, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entities on behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
[Seal]
Page 22 of 25
9'd es444SS 1,14 seOTAaestejoueu;d uosIIM
anc:Rn qn gn qa-1
Clan ""e;12 13 04:02p Mdrno5 Khalil
?L1 993 1814
CERTIFICATION OF TRUST
PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5
,,A�
I (We). IvkOr rncz.--Ves.hfrVi\ tW\a \Le'vit>`'\ \4,kpr`t1
lNoma of TN �<)l
Trustee(s) of the 1,1-j..a1:1 °cGo4 }fl 3,`-t
(Namoon-No 1
Confirm the following facts:
1. The }'lll kr, A\
(Name or tug) is currently in existence and was created on „ia-a I' agog
2. The settlor(s) of the trust is/are as follows: 1 ��1 j
11\r
1rcf C3- is. Ut\ nd. -ev,dat(i 4\fx\aka1
3. The currently acting truste (s) of the trust Is/are:•
ott- C_c5 �,,c4;� Ns \itAJ.VWk&\ ;\
4. The power of the trustee(s) Includes:
(a) The power to sell, convey and exchange real property.
(b) The power to borrow money and encumber the trust property with a deed of trust or mortgage.
5. The trust is (check one) (revocable ( ) Irrevocable and the party/parties, if any, having the
power to revoke the trust is/are:
•
�!\raf'cos K\r. ALAI Age! VetiAN KV1/4AW
6. The trust (check one) ()`) has multiple trustees (_) does not have multiple trustees,
(Check one) (X) The signatures of all trustees are required to exercise the powers of the trust.
( ) The signatures of ___ trustees are required to exercise the powers of the trust.
7. The trust identification number is as follows:
tSS (JR 49s`1
(Social Security Numbw/Employee Idamlrrallon Number)
8. Title to trust assets shall be taken in the following fashion:
��$1 1 tscA .a,f?two .S \r —\.\ \V4.'e.-s GS �nc �11A\.\ 7tc4 �'MNnI A.(w51-
\sr4
The undersigned trustee(s) state(s) that to the best of his/her/their knowledge there are no claims,
challenges of any kind or causes of action alleged contesting the validity of the trust or the trustee's
authority to act for the trust. The undersigned trustee(s) hereby declares/declare that the trust has not
been revoked, modified or amended in any manner which would cause the representations contained
herein to be incorrect. This certificate is being signed by all of the currently acting trustees and is being
executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530,
Statutes of 1993.
Jan 22 13 04e O3p Marcos Khalil
STATE OF C14.. ocv:(a
COUNTY OF
714 903 1014 p. 3
Sign `'
\t
Print c!uav\
On this 1 day of �bnu-pv 20 opt , before me, AST; (}_,
personally appeared 1V o'er a� VAdr lick #, k �l: , personally
known to me (or proved 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/capacities, 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.
WITNESS my hand and official seal. ey
JEFFREY PAULWnac.+r+
Commlulon # 1443684
Notary Public • Calllomie
Orange county
My Comm. Expires 0o16, 20