HomeMy WebLinkAboutC-4482 - Subordination Agreeement for 729 Saint James RoadCOPY
CCO NOT OFR
RECORDING 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: 049-271-06
Recorded in C*tticial Records, Orange aunty
Hugh Nguyen, Clerk Recorde
l INI�Nit I1'111 NO FEE
0Iu
2013000523627 1:09
pm 09106113
47 422 913 0
0.00 0.00 0.00 0.00 21.00 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.
This agreement, made as of the ° '" day of J"i; w l`' , 2013, by
Murphy and Bernardette J. McCann, husband and wife as community property, owners
of the real property commonly known as 729 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 First Republic Bank, 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 28, 2010,
encumbering that certain real property located at 729 Saint James Road, Newport
Beach, California 92663, Assessor Parcel Number 049-271-06 and as more fully
described in Exhibit "A" ("PROPERTY") to secure a note in the amount of $700,000.00
in favor of MORTGAGEE, which deed of trust was recorded on January 11, 2011 as
Document No. 2011000019920 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;
and
WHEREAS, it is a condition precedent that the Grant of Easement for Sanitary Sewer
Line Purposes above mentioned shall unconditionally be 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
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which
M'Urphy McCann, eo-Owner
MORTGAGEE:
FIRST REPUBLIC BANK
By:
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which
consideration is hereby acknowledged, and in order to induce City to consent to obtain
the Grant of Easement for Sanitary Sewer Line Purposes, it is hereby declared,
understood and agreed as follows:
(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 and 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:
OWNERS:
Murphy and Bernardette J. McCann, husband and wife as community property
rrrardette J. McCann, Co -Owner
By:
Its. �t,�,.d, �+�
t�, Its:
State of California },
County of 41r" 4th
On
ACKNOWLEDGEMENT
before me, f, fy fx ( iF,?r r } tU I Yft Y' !d r (Name/Title), personally appeared
t.
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 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
Nptary Pubfd Signature Notary Public Seal
ACKNOWLEDGEMENT
State of California }
County of,
On
before me
fit i
ROBERT REZA
Commission # 2009621
Notary Public. California
Orange County
Gomm fxpues Mar 3?I
(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 (end and official seal.
Notary Public Signature
Notary Public Seal
ROBFR1 RLZA
Commission # 2009621
Notary PubtR GaldOrniT
Orange County
My Comm. Expires Mar 3. 10
HI IT "A"
APN: 049-271-06
GRANT OF EASEMENT FOR
SANITARY SEWER LINE PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Murphy and
Bernardette J. McCann, husband and wife as community property, owners of the real property
commonly known as 729 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.
OWNER and CITY agree that OWNER is responsible for constructing a new sewer lateral to
connect the existing home to the CITY's facility. Once the project is complete, OWNER shall
own and maintain said lateral.
Dated: 4
Signature ,...
Print Name Murphy McCann
Signature
Print Name
Co -Owner
Bd(rfiardette J. McCann
Co -Owner
State of California
County of_�__
} ss.
On `�). before me, , Notary
Public, personally appeared
ts,,asa('t'iik' P�r�r.it; ,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 paragrah is true and correct.
WITSS my h4nd and official seal.
Signature
ACKNOWLEDGMENT
State of California
County of } ss.
(seal)
ROBLRi R€LA
Commission # 2009621
Notary Public California
Orange County
omm P:xpvres.Mar 32
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)
BEING A PORTION OF LOT 15 OF TRACT NO. 1218, IN THE CITY OF NEWPORT BEACH,
COI JN-TY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK
;37, PAGES 47 "THROUGH 49 INCL I!SIVE, OFF MISCEL L ANEOUS MAPS, RECORDS or THE
COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS
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 15; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID LOT 15, NORTH 05°57'10" EAST 153.06 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 89°45'07" WEST 76.54 FEET TO A POINT ON
THE WEST LINE OF SAID LOT 15 AND THE POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED SO AS TO
TERMINATE AT THE EAST AND WEST LINES OF SAID LOT 15.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
ALDEN &
SSOCIATES
CIVIL ENGINEERS -LAND SURVEYORS - PLANNERS
2552 WHITE ROAD. SUITE 13 • IRVINE. CA 92614-6274
(949)-660-01 10 FAX: 660-041 8
EXHIBIT "A"
LEGAL DESCRIPTION FOR
A SEWER EASEMENT
W.O. No.1697-369-002
Engr,B.J,W. Chk'd. J.W.
Date: 05/22/2012
Sheet 1 of 1
CARVE TABLE
C1 A.=0731'40 R , 68' L;,; 3'
14
z
0
'Pe
0
0
G
ALDEN &
SSOCIATES
300' L
15' SEWER EASEMENT IN FAVOR
OF THE CITY OF NEWPORT BEACH
15
M'
POINT OF
COMMENCEMENT
CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS
2552 WHITE ROAD, SUITE B •TRVINE, CA 92614-6236
(949)660-0110 FAX: 660-0418
51
0
0ic
on
0
TRUE POINT
OF BEGINNING
S -18
9
20 10 0 20
SCALE IN FEET
1 inch =20 ft.
EXHIBIT "B"
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
FOR SEWER EASEMENT
W.O. No. 1697-369-002 Date 05/22/2012
Engr,B.J.W. Chk'd. J.W. Sheet 1 of 1
CATS OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by Grant of Easement for Sanitary Sewer Line Purposes at 729 Saint James
Road from Murphy and Bernardette J. McCann, husband and wife as community
property, as Grantor and the City of Newport Beach, a California municipal corporation,
as Grantee, is hereby accepted on 'j t rv_ , 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 OF NEWPORT BEACH
CITY ATTORNEY' OFFICE A California municipal corporation
Date: `lfr' r s3 Date: `‘.. I {;.a.rx
By: 't
Aaron C.`alp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
Otc
Dave Kiff
City Manager
RECOMMENDED FOR ACCEPTANCE:
PUBLIC WORKS DEPARTMENT
Date:
Bf
David A. ebb
Public Works Director
State of California )
County of ORANGE )
On aos ei G2 i8 before me,
Public, personally appeared DAVE KIFF, who
evidence to be the person whose name is
acknowledged to me that he executed the same
signature on the instrument the person, or the en
executed the instrument.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
WITNESS my hand and official seal,
Signature
t:.• ri (Seal)
Notary
proved to me on the basis of satisfactory
subscribed to the within instrument and
in his authorized capacity(ies), and that by his
tity upon behalf of which the person(s) acted,
the laws of the State of California that the
KIM RIEFF
Commission OF 1967536
Notary Public • California
Orange County
m. Expires Jan 26 2016