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HomeMy WebLinkAboutC-6392 - Grant of Easement for Pedestrian PurposesK�' RECORDING REQUESTED AND M� WHEN RECORDED RETURN TO: 'J 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 1111 � � $1 � 11 1 11 11 Hj� ]�j 111 (11 NO FEE *$ R 0 0 0 7 5 8 1 6 4 3$ 201500029278110:37 am 06/05/15 227 406 E01 14 0.00 0.00 0.00 0.00 39.00 0.00 0.00 0.00 Recording Fee: Exempt (Space above this line Recorder's use) (Government Code — Section 6103) GRANT OF EASEMENT FOR PEDESTRIAN 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 pedestrian 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: e'aer� _, 201 UPTOWN NEWPORT JAMBO , LLC, a elaware limited liability company By: eA 4 William A. Shopoff, Manag 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 PEDESTRIAN 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 pedestrian 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: . _, 2014. UPTOWN NEWPORT JAMBO , LLC, a elaware limited liability company By: William A. Shopoff, Manag CALIFORNIA -PURPOSE ACKNOWLEDGMENTr 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 ,- nt-11 r) -,j) , I' J� On Gl o�0 before me, `%�✓t' (N Date H redoAh rt Name a d itle of the personally appeared J 1(f A r- 1- Name(s) of 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. TERRI HOVDESTAD WITNESS my hand nd ici a . commission # 2070020 a° rm . Notary Public - California D Z Orange County Signature M Comm. Ex ires Jun 28, 2018 u 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 Do ument -_ Title or Type of Document: r rt>1, CCAOr .IJ�— Document Date: af-Acj01�- 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: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION PEDESTRIAN WALKWAY EASEMENT Parcel "A" EXHIBIT 66A" Sheet 1 of 2 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 westerly corner of Parcel 1 of said Parcel Map; thence North 40038'21" East, 70.34 feet along the common line of said Parcel 1 and Parcel 4 to the POINT OF BEGINNING, said point also being the beginning point of a non -tangent curve, concave easterly, having a radius of 100.00 feet, a radial line to said point bears South 84°51'47" West; thence northerly, along said curve, through a central angle of 06026'42" a distance of 11.25 feet to the beginning point of a reverse curve, concave westerly, having a radius of 42.00 feet, a radial line to said point bears South 88°41'31" East; thence northerly along said curve, through a central angle of 50°40'08" a distance of 37.14 feet; thence North 49°21'39" West, 33.94 feet to the beginning point of a non -tangent curve, concave southwesterly, having a radius of 54.00 feet, a radial line to said point bears North 01 041'48" East, said curve being concentric with and 12.00 feet northeasterly of said curve having a radius of 42.00 feet; thence easterly and southerly along said curve, through a central angle of 86052'46" a distance of 81.88 feet to a point on said common line; thence South 40038'21" West, 17.84 feet along said common line to the POINT OF BEGINNING. Containing 841 square feet more or less. See Exhibit "B" for a plat depicting the above described land. Parcel "B" 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 40°38'21" West, 577.33 feet along the boundary of said Parcel 4 to an angle point therein; thence South 40°38'21" West, 10.04 feet along the southwesterly projection of said boundary to the POINT OF BEGINNING; thence continuing South 40038'21" West, 15.02 feet along said projection to 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 North 49°21'39" West, 25.01 feet along said parallel line to the beginning point of a non -tangent curve, concave southwesterly, having a radius of 70.00 feet, a radial line to said point bears North 04056'02" West, said curve being concentric with and 15.00 feet northeasterly of said curve having a radius of 55.00 feet; thence easterly, along said curve, through a central angle of 42040'55" a distance of 52.15 feet to the POINT OF BEGINNING. Containing 570 square feet more or less. See Exhibit "B" for a plat depicting the above described land. S:\100288\Mapping\Legals-Plats\Sidewalk Easements\Sidewalk Easment.doc EXHIBIT "A" Sheet 2 of 2 Parcel "C" 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: BEGINNING at the most northerly corner of Parcel 1 of said Parcel Map; thence course "A", South 49°21'39" East, 235.85 feet along the common line of said Parcel 1 and Parcel 4; thence course "B", North 85°38'21" East, 72.96 feet; thence course "C", North 40°38'21" East, 161.24 feet to the beginning of a curve, concave southeasterly, having a radius of 168.00 feet, hereafter referred to as curve "A"; thence northeasterly, along said curve, through a central angle of 19°33'25" a distance of 57.34 feet; thence course "D", North 60011'46" East, 113.56 feet to the beginning of a curve, concave northwesterly, having a radius of 132.00 feet, said curve being concentric with and 18.00 feet northwesterly of a curve, having a radius of 150.00 feet in the boundary of said Parcel 4, hereafter referred to as curve "B"; thence northeasterly, along said curve, through a central angle of 19033'09" a distance of 45.05 feet; thence North 03°23'11" East, 24.63 feet to the beginning point of a non -tangent curve, concave southeasterly, having a radius of 70.00 feet, a radial line to said point bears North 46°27'40" West; thence southwesterly, along said curve, through a central angle of 02053'59" a distance of 3.54 feet to a line parallel with and 33.00 feet northwesterly of the boundary of said Parcel 4; thence South 40038'21" West, 16.06 feet along said parallel line to the beginning of a curve, concave northwesterly, having a radius of 117.00 feet, said curve being concentric with and 15.00 feet northwesterly of said curve "B"; thence southwesterly, along said curve, through a central angle of 19°33'09" a distance of 39.93 feet to a point in a line parallel with and 15.00 feet northwesterly of said course "D"; thence South 60°11'46" West, 113.56 feet along said parallel line to the beginning of a curve, concave southeasterly, having a radius of 183.00 feet, said curve being concentric with and 15.00 feet northwesterly of said curve "A"; thence southwesterly, along said curve, through a central angle of 19033'25" a distance of 62.46 feet to a point in a line parallel with and 15.00 feet northwesterly of said course "C"; thence South 40038'21" West, 155.03 feet to a point in a line parallel with and 15.00 feet northerly of said course "B"; thence South 85°38'21" West, 64.78 feet along said parallel line to a point in a line parallel with and 12.00 feet northeasterly of said course "A"; thence North 49°21'39" West, 226.63 feet along said parallel line; thence South 40°38'21" West 12.00 feet to the POINT OF BEGINNING. Containing 9,566 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. Signature A�— /I -A& William G. Hoff, PLS 6685 License Expires 6/30/16 Date ! a , l �-- S:\100288\Mapping\Legals-Plats\Sidewalk Easements\Sidewalk Easment.doc EXHIBIT "B" GRAPHIC DEPICTION OF PEDESTRIAN EASEMENT AREA P.O.C. / MOST W'LY CORNER PARCEL 1 LINE TABLE NO. BEARING DISTANCE L1 N40°38'21 "E 70.34' L2 N49°21'39"W 33.94' L3 S40'38'21 "W 17.84' L1 L3 `PcP�,•J �,`� 12.00' _G F P.O.B./� TITLE: PEDESTRIAN WALKWAY EASEMENT CITY OF NEWPORT BEACH moos. Hall & Foreman, Inc. Engineering - Planning - Surveyinc 14297 CAJON AVE, SUITE 101 VICTORVILLE, CA 92392 760-524-9100 DATE OF PREPARATION: 10/01/2014 EXHIBIT "B" SHEET 1 OF 3 CURVE TABLE NO. DELTA RADIUS LENGTH C1 06°26'42" 100.00' 11.25' C2 50°40'08" 42.00' 37.14' C3 86°52'46" 54.00' 81.88' PARCEL "A» 841± S.F. 10 4�Zp��$�1p.12 � �B LEGEND P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING PEDESTRIAN WALKWAY EASEMENT LINE TABLE NO. BEARING DISTANCE L1 S40°38'21 "W 10.04' L2 S40°38'21 "W 15.02' L3 N49°21'39"W 25.01' EXHIBIT "B" SHEET 2 OF 3 CURVE TABLE NO. DELTA RADIUS LENGTH C1 42'40'55" 70.00' 52.15' C2 23'19'54" 55.00' 22.40' 1`0$ Z�13, `�Pp1 PARCEL OT 570± S.F. 30.05'i S40°38'21 "W 577.33' L2 L1 P.O.B. TITLE: PEDESTRIAN WALKWAY EASEMENT CITY OF NEWPORT BEACH moor Hall & Foreman, Inc. Engineering • Planning o Surveying 14297 CAJON AVE, SUITE 101 VICTORNLLE, CA 92392 760-524-9100 DATE OF PREPARATION: 10/01/2014 P.O.C. MOST E'LY CORNER PARCEL 4 LEGEND P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING PEDESTRIAN WALKWAY EASEMENT ki P.O.B• / MOST N'LY CORNER PARCEL 1 CURVE TABLE NO. DELTA RADIUS LENGTH C1 19°33'25" 168.00' 57.34' C2 19°33'09" 132.00' 45.05' C3 02°53'59" 70.00' 3.54' C4 19°33'09" 117.00' 39.93' C5 19°33'25" 183.00' 62.46' L11 12.00' _o _ J J �RG�L 1 � o0 509n NRSE "B" EXHIBIT "B" SHEET 3 OF 3 LINE TABLE NO. BEARING DISTANCE L1 S49'21'39"E 235.85' L2 N85°38'21 "E 72.96' L3 N40'38'21"E 161.24' L4 N60'11'46"E 113.56' L5 NO3'23'11"E 24.63' L6 S40°38'21 "W 16.06' L7 S60*11'46"W 113.56' L8 S40°38'21"W 155.03' L9 S85°38'21 "W 64.78' L10 N49'21'39"W 226.63' L11 S40'38'21 "W 12.00' � PRC�L 013-1�$-12 PARCEL "C" 9,566± S.F. 0 L8 C5 L3 C1t"'D"' COURSE "C"CURVE "A"COUR Agc.�L3 CURVE "B" C2 M5L5 I 1 09 0 0 I Q Cti I� 1� 1� TITLE: PEDESTRIAN WALKWAY 1 EASEMENT CITY OF NEWPORT BEACH !� Moor Hall &ForemanLEGEND MMIr ,, Inc. P.O.B. POINT OF BEGINNING Engineering • Planning • SurveyingPEDESTRIAN WALKWAY 14297 CAJON AVE, SUITE 101 • 41CTORVILLE, CA 92392 760-524-9100 F/71 EASEMENT DATE OF PREPARATION: 10/01/2014 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 Pedestrian 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. U�®�� Dated: I►F , 201 PFP HOLDING COMPANY III, LLC, a Delaware limited liability company By: Prime Financa'partners III, Inc., a Maryland/gr/poration, its Managing Member By: t/ Name: / " Jon W. Brayshaw Titl �: / Authorized Signatory STATE OF 7c 'K e lfZJ7Q�%k ) ss. COUNTY OF 6- ) On Z , 2014, before me, the undersigned, a Notary Public in and for said State, personally a eared illy. U� who proved to me on the basis of satisfactory evidence to be the person(s) w se 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 She-livor-rr that the foregoing is true and correct. WITNESS hand/and official seal. Signature (Seal) TEODOUNDA DU84ALLARI NOTARY PUBLIC STATE OF NEW YORK NEW YORK COUNTY IJC. #01 DU6 162 CDAR EXP 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 Pedestrian 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.Z�um, 201K TPG (UPTOWN NEWPORT) FUNDING, LLC, a Delaware limited liability company By: (-)LALJ N e: ,SON >&MOIQ�51` Title: eve STATE OF CALIFORNIA ) COUNTY OF ORANGE j ss. a�JuJ On , 2014, before me, the undersigned, otary Public in and for said State, personally appeared , who proved t e on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the ' in instrument and acknowledged to me that he/she/they executed the same in his/her/their auxh rized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or he entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF foregoing is true and correct. WITNESS my hand.atid official seal. Signature Y under the laws of the State of California that the (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :�(';c-E',car!'�.<-�C�.M�.F.F.I,-!>�-Y.�^l+phi-;�+c,l+,-J+,'.1+�-.l.,�l..-.l,,.,r,>_„ �r.. �s..,�.�-.i+�.l.�.P�-F+,�`f.�-,t.�.:F.�I+.Mi-•f..F-l. n.. ^... 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 On Q-0 15' before me,1X01")e Date Here Insert Name and Title of the fficer r personally appeared , dry\- Pt icor-A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{sj whose name(s) is/ar& subscribed to the within instrument and acknowledged to me that he/sheAftey executed the same in his/heNfttrelr authorized capacity(ies"nd that by his/ e9 signature(s�on the instrument the persons) or the entity upon behalf of which the person(syacted, executed the instrument. 4�+�r.�+ ROMELY T. LEVEZOW Commission # 2032462 < Notary Public - California z Z Orange County My Comm. Expires Jul 4,2017 Place Notary Seal Above 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 "\ Signature of leo ary Public 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: CDr+SeKf c nd Document Date: Fe &rmn-1 f 9-ot+ 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: ��c�c•�:�cs�.t��.� c.��:�����.��-��c:�c:�^�e.�c�c:_ � - . -- �;c>�.��.��=�,�:��^�.�z:�=c^�=�sw�:�e.�:�c:� 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 the CITY OF NEWPORT BEACH, a California municipal corporation, as Grantee, is hereby accepted on 7_ , 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 27, 1992. The City of Newport Beach consents to the recordation of said document in the Office of the Recorder of Orange County, State of California. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By.aM. V�& City Attorney ATTEST: Date: By: Leilani:�, Brown City Clerk h U CITY OF NEWPORT BEACH, A Municipal Corporation By: !)�� C�i.�--�.�1 David Kiff City Manager RECOMMENDED FOR ACCEPTANCE Date: (tom By- m David A. Webb Public Works Director CALIFORNIA• • •D e.car:�eri,•rcr�er�gr--�C . N-�ersi�.r-�er�Sr�erTN^�N^�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 California County of On -TUAIC ZtJ/,-r before me, l `t t e. -t O Date Here 10seri Name and Title of & Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name0y is/are- subscribed to the within instrument and acknowledged to me that he/sj;ieth,ey executed the same in his/17,er/th,eif authorized capacity(jos), and that by his/he.0t4&'signaturejs)-on the instrument the person or the entity upon behalf of which the person(a)'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. _— KIM— RIEF Commission # 1967536 % z `� Notary Public - California i Si nature l Orange County g M Comm. Ex ires Jan 26, 2016 + Signature of Nq4fl6ublic 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: L✓:\`✓1`�4�✓G�✓.�✓�A'`�.fC✓tiG�6V.=�G�. Jam. J✓'�Uti Vi✓S"✓.��,titi�.`J..ti.�✓tiG�✓G�✓.�✓tii ✓q"�.6�✓•i'✓Ay.A @2014 •nal Notary Associationwww.NationalNotary.org 811 " -800-8 76-6827) 91