Easement - Back Bay Center LTD - 2007-03-13LaAAMOU Commercial Service'
RECORDED AT REQUEST OF,
AND WHEN RECORDED MAIL TO:
County of Orange
Resources & Development Management Department
Real Estate Services
300 North Flower, 6`h Floor
Santa Ana. California 92703
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No FEE
2007000176989 11:46am 03/20/07
104 79 E01 11
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
ATTN: Kingsley Wong
SPACE ABOVE THIS LINE FOR RECORDER'S USE
This is to certify that this document is exempt ❑ This deed is in satisfaction of the Eminent
from recording fees per Govt. Code See. 27383 Domain Action Case No.
and is exempt from Document Transfer Tax per as evidenced by Lis Pendens recorded as
Rev. &Taxa io Code Sec. 22. Instrument No.
® Unincorporated Area
By: ❑Incorporated, City of
J RD R STA _SERVICES
Project/Parcel Nos: Y7-180, 180.1, 180.2, & 180.3
,. Project: Irvine Avenue Road Widening
EASEMENT DEED
U— FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BACK BAY
CENTER, LTD., a California Limited Partnership, does hereby GRANT to the COUNTY OF ORANGE
(COUNTY), a perpetual easement and right-of-way for road purposes in, on, and over the real property
(Parcel 180) and for retaining wall purposes in, on, and over the real property (Parcel 180.1) in the
County of Orange, State of California, described as:
(See Exhibit "A" for legal description and Exhibit "B'' for depiction of Parcels 180 and 180. 1, attached
hereto and made a part hereof.)
GRANTOR hereby further grants to COUNTY a temporary easement for construction over and across
the real property, (Parcels 180.2 and 180.3) in the City of Newport Beach, County of Orange, State of
California, together with the right to excavate, fill or regrade said parcel; to enter upon, to pass and
repass over and along said parcel and to place and/or store tools, vehicles, storage containers,
implements and other construction related equipment and materials thereon by said COUNTY, its
officers, agents and employees, and by persons under contract with it and their employees, whenever and
wherever necessary for the purposes above set forth. Said real property in the County of Orange, State
of California is described as:
(See Exhibit "C" for legal description and Exhibit "B" for depiction of Parcels 180.2 and 180.3, attached
hereto and made a part hereof.)
The temporary construction easement herein granted shall be for a period of twelve (12) months from the
commencement of construction and terminating at the end of the period or upon recordation of a Notice
of Completion, whichever first occurs. GRANTOR shall be given written notice by COUNTY's
Director, Resources & Development Management Department, or designee, as to the date COUNTY
requires use of Parcels 180.2 and 180.3 for commencement of construction.
12-8-06 1 A54
Nothing in this Easement Deed is intended nor shall anything in this Easement Deed be construed to
transfer to COUNTY or its successors or assigns or to relieve GRANTOR or its successors or assigns or
predecessors in title of any responsibility or liability GRANTOR or its successors or assigns or
predecessors in title now has, has had or comes to have with respect to human health or the environment,
including but not limited to responsibility or liability relating to hazardous or toxic substances or
materials (as such terms as those used in this sentence are defined by statute, ordinance, case law,
governmental regulation or other provision of the law). Furthermore, COUNTY may exercise its rights
under law to bring action, if necessary, to recover clean up costs and penalties paid, if any, from
GRANTOR or any others who are ultimately determined by a court of competent jurisdiction and/or a
Federal, state or local regulatory or administrative governmental agency or body having jurisdiction, to
have responsibility for said hazardous toxic substances or materials upon, within, or under the real
property interests transferred pursuant to this Easement Deed. Notwithstanding the foregoing,
COUNTY shall be and remain liable for any hazardous or toxic substances or materials which become
located, because of COUNTY's operations, upon, within, or under the real property interests transferred
pursuant to this Easement Deed.
"GRANTOR"
BACK BAY CENTER, LTD.,
a California limited partnership
By: Capital Back Bay, LLC
Its: General Partner
By:
Steven E. Wise
Title: Managing Member
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On 14aRt4 g , 20Dz, before me C' �ucei SZi� a Notary Public in and for said State,
personally appeared ¢ e ve h f • W +sg personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person ( -s) whose name($) is/an subscribed to the within instrument and
acknowledged to me that he/shehttey executed the same in his/h� authorized capacity(ies- y and that by his+erftheir
signature(s) on the instrument the person(), or the entity upon behalf of which the person(4 acted, executed the instrument.
WITNESS my hand and official seal.
r;•. .. ,
io-
11
12-8-06
Signature �t.'l,I-icC c�. 4
A5-4
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a
body corporate and politic, is hereby accepted by order of the Board of Supervisors of Orange County, California, and the
COUNTY OF ORANGE consents to recordation thereof by its duly authorized officer.
Dated: ��/ti St:!( I .���
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
ATT
Darlene. Bloom
Clerk of the Board of Su ervisors
Orange County, California
COUNTY OF ORANGE
By: daj4V4A--000
Chairman, Board of Supe ors
Approved as to form:
County Counsel
r 3113 %�
BDate:
. v
Deputy
12-8-06 3 A5-4
LEGAL DESCRIPTION
PROJECT: Irvine Avenue
Project No.: Y7
Parcel No.: 180
That portion of that certain land, in the County of Orange, State of California,
shown as Parcel 1 of Parcel Map No. 82-127 filed in book 178, pages 29 and 30 of Parcel
Maps in the office of the County Recorder of said county, lying southeasterly, easterly and
northeasterly of the following described line:
Commencing at the northerly terminus of that certain course shown as having a
bearing of S.2°34'06"E., and a length of 39.38 feet on the easterly line of said Parcel 1 as
shown on Record of Survey 2004-1002 filed in book 202, pages 9 though 17 of Records of
Survey in the office of said County Recorder; thence S.2°34'06"E., 39.38 feet along said
certain course to its southerly terminus, said terminus being the beginning of a non -tangent
curve, concave northwesterly and having a radius of 950.00 feet, to which beginning of
curve a radial bears S.45°48'05"E.; thence southwesterly 82.30 feet along said curve and
the southeasterly line of said Parcel 1 through a central angle of 4°57'49" to the beginning
of a reverse curve, concave southeasterly and having a radius of 1050.00 feet; thence
southwesterly 65.00 feet along said curve and said southeasterly line though a central angle
of 3032'48" to the TRUE POINT OF BEGINNING; thence leaving said southeasterly line
N.42049'00"E., 59.89 feet; thence N.45°13'58"E., 80.30 feet; thence N.0°37'26"W., 40.80
feet to a line that is parallel with and 34.50 feet southwesterly from the centerline of Mesa
Drive as shown on said Record of Survey; thence N.49°21' 12"W., 173.40 feet along said
parallel line; thence N.43°38'34"W., 45.22 feet to the southwesterly line of Mesa Drive
(60 feet wide) as shown on Tract No. 456 per map filed in book 17, page 9 of
Miscellaneous Maps in the office of the office of said County Recorder.
Containing 1935 Square Feet more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
Date: L.4'
J D. Pa%•lik 1.-S. 5168
x ration Date: lune 30, 2007
EXHIBIT "A"
LEGAL DESCRIPTION
PROJECT: Irvine Avenue
Project No.: Y7
Parcel No.: 180.1
That portion of that certain land, in the County of Orange, State of California,
shown as Parcel 1 of Parcel Map No. 82-127 filed in book 178, pages 29 and 30 of Parcel
Maps in the office of the County Recorder of said county, lying southeasterly, easterly and
northeasterly of the following described line:
Commencing at the northerly terminus of that certain course shown as having a
bearing of S.2°34'06"E., and a length of 39.38 feet on the easterly line of said Parcel I as
shown on Record of Survey 2004-1002 filed in book 202, pages 9 though 17 of Records of
Survey in the office of said County Recorder; thence S.2°34'06"E., 39.38 feet along said
certain course to its southerly terminus, said terminus being the beginning of a non -tangent
curve, concave northwesterly and having a radius of 950.00 feet, to which beginning of
curve a radial bears S.45048105"E.; thence southwesterly 82.30 feet along said curve and
the southeasterly line of said Parcel 1 through a central angle of 4°57'49" to the beginning
of a reverse curve, concave southeasterly and having a radius of 1050.00 feet; thence
southwesterly 65.00 feet along said curve and said southeasterly line though a central angle
of 3132'48" to a point herein after referred to as Point "D"; thence leaving said
southeasterly line N.42°49'00"E., 22.03 feet to the TRUE POINT OF BEGINNING; thence
N.45014'33"W., 5.00 feet; thence N.43°05'28"E., 42.93 feet; thence N.45014'21 "E., 73.15
feet; thence N,0°37'39"W., 37.75 feet to a line that is parallel with and 38.50 feet
southwesterly from the centerline of Mesa Drive as shown on said Record of Survey;
thence N.49°21' 12"W., 165.53 feet along said parallel line; thence leaving said parallel line
N.40038'48"E., 4.00 feet to a line that is parallel with and 34.50 feet southwesterly from
the centerline of said Mesa Drive as shown on Tract No. 456 per map filed in book 17,
page 9 of Miscellaneous Maps in the office of the office of said County Recorder.
EXCEPT that portion thereof lying southeasterly. easterly.and northeasterly of the
following described line:
Beginning at said Point "D" described above: thence leaving said southeasterly line
,i.4?°49'00"E.. 59.89 feet; thence N.45°13'58"E.. 80.30 feet; thence N.0°37'?6"W.. 40 80
feet to a line that is parallel with and 34.50 feet southwesterly from the centerline of yiesa
Drive as shown on said Record of Survey: thence N.49°2V1 2"W.. 173.40 feet along
EXHIBIT "A" Page I of 2
said parallel line; thence N.43°38'34"W., 45.22 feet to the southwesterly line of said Mesa
Drive (60 feet wide) as shown on said Tract No. 456.
Containing 1447 Square Feet more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
o• ,4� Date:
J D. Pavlik L.S. 5168
p' ation Date: June 30, 2007
EXHIBIT "A"
Page 2 of 2
LEGAL DESCRIPTION
PROJECT: Irvine Avenue
Project No.: Y7
Parcel No.: 180.2
Thai portion of that certain land, in the County of Orange, State of California,
shown as Parcel I of Parcel Map No. 82-127 filed in book 178, pages 29 and 30 of Parcel
Maps in the office of the County Recorder of said county, described as follows:
Commencing at the northerly terminus of that certain course shown as having a
bearing of S.2°34'06"E., and a length of 39.38 feet on the easterly line of said Parcel 1 as
shown on Record of Survey 2004-1002 filed in book 202, pages 9 though 17 of Records of
Survey in the office of said County Recorder; thence S.2°34'06"E., 39.38 feet along said
certain course to its southerly terminus, said terminus being the beginning of a non -tangent
curve, concave northwesterly and having a radius of 950.00 feet, to which beginning of
curve a radial bears S.45°48105"E.; thence southwesterly 82.30 feet along said curve and
the southeasterly line of said Parcel 1 through a central angle of 4°57'49" to the beginning
of a reverse curve, concave southeasterly and having a radius of 1050.00 feet; thence
southwesterly 65.00 feet along said curve and said southeasterly line through a central
angle of 3°32'48" to the TRUE POINT OF BEGINNING; thence leaving said southeasterly
line N.42°49'00"E., 22.03 feet; thence N.45°14'33"W., 5.00 feet; thence N.43005'28"E.,
42.93 feet; thence N.45°14'21"E., 73.15 feet; thence N.0°37'39"W., 37.75 feet to a line that
is parallel with and 38.50 feet southwesterly from the centerline of Mesa Drive as shown
on said Record of Survey; thence N.49°21' 12"W., 3.99 feet along said parallel line; thence
leaving said parallel line S.0°37'30"E., 39.11 feet; thence S.45°14'30"W., 68.96 feet;
thence S.43°02'37"W., 73.17 feet; thence S.4415 1'54"W., 33.03 feet; thence
S.45008'06"E., 7.97 feet to a point on the southeasterly line of said Parcel 1 of said Parcel
Map, said point being the beginning of a non -tangent curve, concave southeasterly and
having a radius of 1050.00 feet, to which beginning of curve a radial bears N.46028'28"W.;
thence Northeasterly 38.30 feet along said curve through a central angle of 2005'23" to the
True Point of Beginning.
Containing 927 Square Feet more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
pau�0-1
Date:
J D. PaviikL.S. 5168
F pi ation Date: June 30. 2007
EXHIBIT "C"
LEGAL DESCRIPTION
PROJECT: Irvine Avenue
Project No.: Y7
Parcel No.: 180.3
That portion of that certain land, in the County of Orange, State of California,
shown as Parcel 1 of Parcel Map No. 82-127 filed in book 178, pages 29 and 30 of Parcel
Maps in the office of the County Recorder of said county, described as follows:
Commencing at the northerly terminus of that certain course shown as having a
bearing of S.2°34'06"E., and a length of 39.38 feet on the easterly line of said Parcel 1 as
shown on Record of Survey 2004-1002 filed in book 202, pages 9 though 17 of Records of
Survey in the office of said County Recorder; thence S.2°34'06"E., 39.38 feet along said
certain course to its southerly terminus, said terminus being the beginning of a non -tangent
curve, concave northwesterly and having a radius of 950.00 feet, to which beginning of
curve a radial bears S.45°48'05"E.; thence southwesterly 82.30 feet along said curve and
the southeasterly line of said Parcel 1 through a central angle of 41157'49" to the beginning
of a reverse curve, concave southeasterly and having a radius of 1050.00 feet; thence
southwesterly 65.00 feet along said curve and said southeasterly line through a central
angle of 3°32'48"; thence leaving said southeasterly line N.42°49'00"E., 59.89 feet; thence
N.45013'58"E., 80.30 feet; thence N.0°37'26"W., 40.80 feet to a line that is parallel with
and 34.50 feet southwesterly from the centerline of Mesa Drive as shown on said Record of
Survey; thence N.49°21' 12"W., 168.67 feet along said parallel line to the TRUE POINT
OF BEGINNING; thence continuing N.49°21' 12"W., 4.73 feet along said parallel line;
thence leaving said parallel line N.43°38'34"W., 45.22 feet to the southwesterly line of
Mesa Drive (60 feet wide) as shown on Tract No. 456 per map filed in book 17, page 9 of
Miscellaneous Maps in the office of the office of said County Recorder; thence
N.49°21' l TV., 41.25 feet along said southwesterly line; thence leaving said southwesterly
line S.42°58' 18"E., 76.47 feet to a line that is parallel with and 38.50 feet southwesterly
from the centerline of said Mesa Drive; thence S.49°21'12"E., 14.98 feet along said
parallel line to its intersection with a line that bears N.40°38'48"E. and passes though the
true point of beginning; thence N.40°38'48"E., 4.00 feet to the True Point of Beginning.
Containing 328 Square Feet more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
r
VPavlik
Rr"�
J L.S. 5168
xpJune 30, 2007
EXHIBIT "C"
.-1
Date: Z� S
YOU ARE REQUIRED BY LAW TO PROVIDE THE RESOURCES & DEVELOPMENT MANAGEMENT
DEPARTMENT, REAL ESTATE SERVICES, WITH YOUR CORRECT TAXPAYER IDENTIFICATION
NUMBER. IF YOU DO NOT PROVIDE YOUR CORRECT TAXPAYER IDENTIFICATION NUMBER,
YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW.
TAXPAYER INFORMATION:
(Please type or print)
Name: , Back Bay Center Ltd.
Address: 414 Walnut Avenue
Huntington Beach CA 92648-5158
TIN: 33-0988319
(Taxpayer Identification Number)
UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE NUMBER SHOWN ON THIS STATEMENT
IS MY CORRECT TAXPAYER IDENTIFICATION NUMBER.
Taxpayer's Signature tom+TN-( 13-3`4(24
Date
Rev 081604 A3-9 & E1-5
Mli Lai erica
Commercial Services
PENALTY OF PERJURY AFFIDAVIT
(GOVERNMENT CODE 27361.7)
I certify under the penalty of perjury that the notary seal on the document to which this
statement is attached reads as follows:
Name of the Notary: Claudia D. Shaw
Date Commission expires: December 12, 2007
County Where Bond is Filed: Los Angeles
Commission No.: 1455833 ManufacturerNendor No.: NNA1
Place of Execution: Irvine, Ca. Date: March 20, 2007
Signature:- Al
'►'ERS ITLE C MP Y
r'
I further certify under the penalty of perjury that the illegible portion of the document to
which this statement is attached reads as follows (if applicable):
Date: March 20, 2007
Signature:
LAWYERS TITLE COMPANY