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HomeMy WebLinkAboutC-6392(A) - Grant of Easement for Private Street and Utility PurposesRECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659-1768 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11E 11 11 II III 11 IH� 1H 1H II 111 1II NO FEE *$ R 0 0 0 7 5 8 9 9 8 3$ 201500029876211:24 am 06/09/15 37 402 G01 C34 S12 10 0.00 0.00 0.00 0.00 27.00 0.00 0.00 0.00 Recording Fee: Exempt (Space above this line Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR PRIVATE STREET AND UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, UPTOWN NEWPORT JAMBOREE, LLC, a Delaware limited liability company, owner of certain real property described herein situated in the City of Newport Beach, County of Orange, State of California, hereby grants to the CITY OF NEWPORT BEACH, a municipal corporation, for public purposes, a permanent, non-exclusive private street and utility easement in, over, under, along, and across said certain real property described in Exhibit "A" and shown on Exhibit "B", which exhibits are made part of this document. Dated: Maylf,, 2015 UPTOWN E P RT,JJAM E, LL4WC, a Delaware limited liability company By: 1/� William A. Shopoff, Man er RECORDING REQUESTED AND WHEN RECORDED RETURN TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT POST OFFICE BOX 1768 NEWPORT BEACH, CA 92659-1768 Recording Fee: Exempt (Space above this line Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR PRIVATE STREET AND UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, UPTOWN NEWPORT JAMBOREE, LLC, a Delaware limited liability company, owner of certain real property described herein situated in the City of Newport Beach, County of Orange, State of California, hereby grants to the CITY OF NEWPORT BEACH, a municipal corporation, for public purposes, a permanent, non-exclusive private street and utility easement in, over, under, along, and across said certain real property described in Exhibit "A" and shown on Exhibit "B", which exhibits are made part of this document. Dated: May ff, 2015 UPTOWN 17RT JAM REE, LLC, a Delaware limited liability company By: {�6< William A. Shopoff, Man er ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On May Vq-, 2015, before me, �ao140 ��Q d. , Notary Public, personally appeared WILLIAM A. SHOPOFF who proved to me on the basis of satisfactory evidence to be the person) whose name is/iTe subscribed to the within instrument and acknowledged to me that he/she%tln executed the same in his/heetl'igir authorized capacity (i), and that by his/h�/tXr signature on the instrument the personl, 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. S ignatu _- (Seal) TERRI HOVDESTAD Commission # 2070020 z :Noiary Public -California Z Orange County My Comm. Ex ires Jun 28, 2018 EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "A" Sheet 1 of 1 LEGAL DESCRIPTION PRIVATE STREET AND UTILITY EASEMENT Parcel "A" Being a portion of Parcel 4 of Parcel Map No. 2013-108, in the City of Newport Beach, County of Orange, State of California, per map filed in Book 378 of Parcel Maps at Pages 10 through 12, inclusive, described as follows: Commencing at the most easterly corner of said Parcel 4; thence South 40038'21" West, 577.33 feet along the boundary of said Parcel 4 to an angle point therein; thence South 40038'21" West, 25.06 feet along the southwesterly projection of said boundary to the POINT OF BEGINNING, said point being the beginning point of a non -tangent curve, concave southwesterly, having a radius of 55.00 feet, a radial line to said point bears North 36057'31" East; thence northwesterly, along said curve, through a central angle of 23°19'54" a distance of 22.40 feet to a point in a line parallel with and 30.05 feet northeasterly of the northeasterly line of Parcel 3 of said Parcel Map; thence South 49°21'39" East, 21.45 feet along said parallel line to a point on said projected boundary; thence North 40°38'21" East, 5.89 feet along said projection to the POINT OF BEGINNING. Containing 80 square feet more or less. See Exhibit "B" for a plat depicting the above described land. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. �All� LAND SC Signature �Ga G. h,'S',GX% Wllfiiam G. Hoff, PLS 6685( � ®�,� a License Expires 6/30/16 33 NO. 6685 Date Exp. 0613Wt10 `�/��� �. S:\100288\Mapping\Legals-Plats\Sidewalk Easements\Private Street- Utility Esmt.doc LINE TABLE NO. BEARING DISTANCE L1 S40'38'21 "W 25.06' L2 S49'21'39"E 21.45' L3 N40'38'21"E 5.89' 1p� YZp3�$�1p.12 30.05' L2 L3 P.O.B. EXHIBIT "B" SHEET 1 OF 1 CURVE TABLE NO. DELTA RADIUS LENGTH C1 23'19'54" 55.00' 22.40' A� 0 4 �gC�ti .Q IrK Iw IM PARCEL "A" Z 80± S.F. CN N36'57'31"E (RAD) TITLE: PRIVATE STREET AND UTILITY EASEMENT CITY OF NEWPORT BEACH L1 mor " ; Hall & Foreman, Inc. Engineering • Planning • Surveying 14297 CAJON AVE, SUITE 101 VICTORVILLE, CA 92392 760-524-9100 DATE OF PREPARATION: 10/03/2014 S40'38'21"W 577.33' P.O.C. / MOST E'LY CORNER PARCEL 4 LEGEND P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING PRIVATE STREET AND UTILITY EASEMENT ILS J - CONSENT AND SUBORDINATION The undersigned, as Beneficiary under those certain documents referenced below ("Deeds of Trust") made by UPTOWN NEWPORT JAMBOREE LLC, a Delaware limited liability company, as "Borrower", to FIRST AMERICAN TITLE INSURANCE COMPANY, as "Trustee", in favor of TPG (UPTOWN NEWPORT) FUNDING, LLC, a Delaware limited liability company, as "Lender," both dated February 14, 2014, and recorded on February 14, 2014, 2014 in the Official Records of Orange County, California, 1. Deed of Trust With Assignment of Leases and Rents, Security Agreement and Fixture Filing (Phase II — Senior) Instrument No. 2014000060974 2. Deed of Trust With Assignment of Leases and Rents, Security Agreement and Fixture Filing (Phase II —Junior (Park Parcel Loan)) Instrument No. 2014000060975 hereby expressly and unconditionally consents to, and subordinates the Deeds of Trust and all of their beneficial interests thereunder to the foregoing Grant of Easement For Private Street and Utility Purposes between Uptown Newport Jamboree, LLC, a Delaware limited liability company, and the City of Newport Beach, a municipal corporation, to which this Consent and Subordination is attached. Dated: May lb_ , 2015 TPG (UPTOWN NEWPORT) FUNDING, LLC, a Delaware limited liability company By: dk&j me: __TPM �) � REST Title: 6XGUITIVE VICE Pk 51X4T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On , 2014, before me, the undersigned, otary Public in and for said State, personally appeared , who proved me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the rthin instrument and acknowledged tome that he/she/they executed the same in his/her/their orized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS liand and official seal. Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :assc��,e,�.ec��;cx�S��.er,��rsr�rase:,cr=c.E=c:�,c-rc=�;:r.,<=c_�e�•�r.�.�n.-r�e�£, " A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 0r-Ai''ge, ) On MAX !'�, �� before me, Rornzljl 1 Le✓ezo� IV� Date_ Here Insert Name and Title of the Officer personally appeared Jo✓1 Demore� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/he5q--heir authorized capacity(i&#, and that by his/herAheir 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. ROMELY I LLEVEZOW WITNESS my hand and official seal. Commission # 2032462 Notary Public - California z Orange County Signature My Comm. Expires Jul 4,2017 Signature of Not Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: sehf and S"orail'nafion Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org , 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CONSENT AND SUBORDINATION The undersigned, as Beneficiary under that certain Deed of Trust, Assignment of Leases and Rents and Security Agreement made by UPTOWN NEWPORT JAMBOREE, LLC, a Delaware limited liability company, as "Trustor", to FIRST AMERICAN TITLE INSURANCE COMPANY, as "Trustee", in favor of PFP HOLDING COMPANY III, LLC, a Delaware limited liability company, as `Beneficiary," dated March 21, 2014, and recorded on March 21, 2014 in the Official Records of Orange County, California, as Instrument No. 2014000107704 ("Deed of Trust', hereby expressly and unconditionally consents to, and subordinates the Deed of Trust and all of its beneficial interests thereunder to the foregoing Grant of Easement For Private Street and Utility Purposes between Uptown Newport Jamboree, LLC, a Delaware limited liability company, and the City of Newport Beach, a municipal corporation, to which this Consent and Subordination is attached. Dated: May _, 2015 PFP HOLDING COMPANY III, LLC, a Delaware limited liability company By: Prime Finance P a Maryland corp IN Name: Title: e III, Inc., , its Managing Member A notary pgblic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF NEW YORK ) ss. COUNTY OF NEW YORK ) On May 20th, 2015, before me, the undersigned, personally appeared Jon W. Brayshaw, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WITNESS my hand�'d Signature official seal. Z:�r (Seal) TEODOUNDA DUS,4ALLARI NOTARY PUBLIC STATE OF NEW YORK NEW YORK COUNTY LIC. #01DU62 162 COMM. EXP. L2 CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by Grant of Easement from UPTOWN NEWPORT JAMBOREE, LLC, a Delaware limited liability company, as Grantor and theTY OF NEWPORT BEACH, a California municipal corporation, as Grantee, is hereby accepted oZ 2015 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, 1992. The City consents to the recordation of said document in the Office of Recorder of Orange County, State of California. APPROVED AS TO FORM: CITY ATTO EY'S OFFICE Date: U (1/1, � By;-�w Aaron C. Harp City Attorney ATTEST: Date:4'r By: hvTwv\-- Leifi n1%, Brown City Clerk F - CITY OF NEWPORT BEACH A California municipal corporation Date: 02.-\O�' By: Dave City Manager RECOMMENDED FOR ACCEPTANCE PUBLIC WORKS VPARTM T Date: Z - By David A Webb Public Works Director CALIFORNIA• • OD S4C..a3 _•..0 S_ca.C_c�s c��i.. Com.•. -...%a :-C.�<,....CC.• .•_...`iC .••.SCC •:a..•s�C :mac 4.:�.•s�.•C:.`_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califoj�ia ) County of V " c ) On _�Un1 Z, 2-0/1 before me, Date ��� Here lnie��me and Title of th Officer personally appeared 11��,� Name(s) of Signer(s) 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. IdaWITNESS my hand and official seal. KIM RIEF� Commission #1967536 Notary Public - California s Signature OrangeCounty Signature of Not ublic M Comm. Expires Jan 26, 2016 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: G.�✓,G�'✓,4C_y,4 ✓4�✓4��iC✓,: ✓.1"✓.4 �6�.4�-rti�4�4••✓4"arGV4�4C✓4'�4�✓ti �6v4V4"✓G�✓G�✓.4�y. � `✓�V v4�✓.`✓titi4C✓4�✓.�"✓.4��:4�✓4".rti4�✓..'•✓4" 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1 -800-876-6827) tem #59