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Home My WebLink AboutC-4155(A) - Special Utility Easement Agreement for Hyatt Regency Hotel Parking Lot at 1107 Jamboree RoadCOPY CCO NOT OFR FZF:_CCORI 1INC) REQUESTED FY: CITY Y C)P Nt WPL)l f BEACH WHEN RECORDED MAIL TO: City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 Recorded in Off ciol Record-., Orange County IiuGllt Nguyen, Clerk-Recorciet �tll 11 111111131111 11 111 a$ R 0 0 0 6 7 2 1 3 7 3 s* 2014000203888 11:19 am 05/27114 217 409 E02 8 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Exempt from receding fee per Government Code §§ 6103 and 27383 Documentary Transfer Tax Exempt per Rev & Tax Code § 11922 NO ; EE (Space above this line for the Recorder's use) SPECIAL UTILITY EASEMENT AGREEMENT H att Regency Hotel Parking Lot, Newport Beach) On this) day of ilk 2014, for VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JGKALLINS INVESTMENTS NEWPORT, LLC, a California limited liability company ("Grantor"), owners of that certain real property, being described as a portion of Block 55 of Irvine Subdivision, County of Assessor's Parcel Number 440-132-41, commonly known as the Hyatt Regency Hotel located at 1107 Jamboree Road, in the City of Newport Beach, County of Orange, State of California, hereby grants to the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("Grantee" or "City"), a perpetual non-exclusive easement for storm drain improvements and the construction, operation, maintenance and repair of a storm drain treatment unit, with incidental ordinary and necessary appurtenances and connection(s), 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, together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by City, its officers, agents and employees or by person under contract to City, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said storm drain treatment unit, subject to the City's covenant to replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work. Grantor retains the right to use the surface as well as the non-exclusive right to use the subsurface areas of the easements in such manner as Grantor shall deem proper. Grantor may request City to change or relocate City's storm drain treatment unit or any equipment incidental thereto, at Grantor's expense. In the performance of any of the work which City is authorized to perform in the area of such easement, City shall avoid, to the extent reasonably possible, any damage or interference with business operations or other installations in the areas of such easement. Grantor shall not alter the grade, surface or overhead conditions of the easement without prior written approval from City. there shall hc! no Ices than twenty (20) feet of clear vertical space immediately above the surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhead into the easement ground area. The City agrees to confer with Grantor thereof in order that City activity will result in a minimum of inconvenience or hardship. City accepts the easement granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, City shall adequately protect its installations against such use. In making any use of this easement, City shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work; and (c) Hold Grantor and other users of the easement harmless against all claims, liabilities or expenses, including costs and attorney's fees, arising from City's use of such area. In its use of the easement herein granted, City shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement or the interest of Grantor in the land in, on and under which said easement is granted. IN WITNESS WHEREOF, this Special Utility Easement has been executed by Grantor on the dates written below. GRANTOR: JGKALLINS INVESTMENTS NEWPORT, LLC, a California limited iliability company I Date: By L J. Kallins Managing Member NOTARY State of California ) County of Orange ) / J On TipsI( sA , 2014, before me, /`� t� ylicQS notary public, personally appeared, t ° ,° �k proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and who acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. 1 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/ 1, i,F i, 1, e4 ' Li (Signature of Notary) VACUAVICKY pApoUL1AS COMMISSION! 4M952396 �. Notary public Cahlornia . ORANGE COUNTY My Commission Eptres OCTOBER 25, 2016 CERTIFICATE TIFIt': A E C' .ACCEPTANCE This CERTI ICA'f'E OF ACCEPTANCE is to certify that the interest in real property conveyed by the Special Utility Easement Agreement, as more particularly described in Exhibit A to the Special Utility Easement Agreement for storm drain treatment unit purposes dated Rip I za._ , 2014 from JGKALLINS INVESTMENTS NEWPORT, LLC, a California'limited liability company, as Grantor and the CITY OF NEWPORT BEACH, a California municipal corporation and charter city, as Grantee, is hereby accepted on , 2014, 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 County Recorder of the County of Orange, State of California. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Liig(ctf By:( Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk State of California ) County of ORANGE ) CITY OF NEWPORT BEACH, A California municipal corporation Date: SI MJt By: Dave City Manager RECCOMMENDED FOR ACCEPTANCE: Public Works Department Date: (. By: David A. Webb Public Works Director On 'or“ t :i.,0t 1 2014 before me, tlk 4`,4U %��u�r- � 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, and that by his signature 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. JENNIFER ANN MULVEY Commission if 2045022 Notary Public - California Orange County My Comm,. Explros Get 12, 20 LEGAL C IP NO BEING A PORTION OF PARCEL 1, IN THE: CITY OF dEWi'tTtt'a` BEACH, COUN1 STATE, OF CALIFORNIA, AS SHOWN ON THE MAP FILM BOOK 11, PAGE MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MOR PARTICULARLY DESCRIBED AS FOLLOWS: ORANGE., ARCEL A STRIP OF LAND BEING 16.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTI (EAST CORNER OF SAID PARCEL I; THENCE NORTHERLY ALONG THE EAST LINE OF SAID PARCEL, NORTH 33°4?' 15" EAST 229.82 FEET; THENCE LEAVING SAID EAST LINE, NORTH 56°12'45" WEST 234.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 82°49' 11" WEST 21.50 FEET TO THE POINT OF TERMINATION, CONTAINS: 344 SQ. FT. MORE OR LESS. AS SHOWN ON EXIIIBIT "B" ATTACIIED HERETO AND MADE A PART HEREOF. ALDEN & SSOCIATES CIVIL ENGINEERS — LAND SURVEYORS - PLANNERS 2552 WHITE ROAD, SUITE 9 o IRVINE, CA 92614.6274 (949)-660.01 10 FAX: 6604118 EXHIBIT "A" LEGAL DESCRIPTION FOR CONSTRUCTION AND MAINTENANCE EASEMENT HYATT PARKING LOT-NEWPORT BEACH, CA W.O. No.1696-369.003 Engr.B.J.W. Chk'd.J.W. Date: 10/15/2013 Sheet 1 of I I N 82"'19'1In Y7 21,50' TRUE POINT OF BEGINNING ,fr N. ai "i L_ ASEMENT AREA \ee- 4,°° ` N „) \t)av \. to N 05°06'45" F 15.05' \ASS po. ' PARCEL 2 P.M.B. 17/3 POINT OF COMMENCEMENT lAA'pa 'Q MIEN 7'IO.pp`, 1. h r^rA 17/No. 7914 :z bp, 12-31 -13 ALDEN & SSOCIA'l'ES CIVIL INNGINdERS - LAND SURV1iYORS - PLANNI2L4 2552 MOTE ROAD, SIII UII *IRVINF, (*A 926t1-6236 (949)660.ot to PAX: 660.O41N ti m• 80 40 SCALE IN FEET 1 inch =80 ft. �O, N 1 \I11131"h "13" SKIETCI I TO ACU(ThII'ANY A LEGAI. I)KSCRIPTION FOR CONSTRUCTION AND NIA IN'YIiNANCIL LASLMLN'I I IYATI 'AILKING LOT- NIiWI'OItT BEACH, CA W•O. No. 1695-369-00.3 Date 10-16-2013 ugr, li.J.W. C,'hk'd. J.W. Slue) 1 of I