HomeMy WebLinkAboutMAI, KELVIN AND DENISE LE (4)When recorded, please mail this
instrument and tax statements to;
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
55.00
*$ R 0 0 1 4 0 9 6 8 1 4$
2022000399237 2:38 pm 12106/22
227 NC-5 E01 C34 S12 A04 10
0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CANCEL
TAXES
APPROVED As 10
POEM BY Art Y.
APPROVED BY
DIRECTOR
DESCRIPTION
wNTENBY
DESCRIPTION
CIIECKED4.K.
A.P.N.
405-213-01 & 02
RAW MAP
NUMBER
PROJECT
NUMBER
1002 North Fairview
Street, Santa Ana, CA 92703
DRED NUMBER
INSURAN
WORK MAY PROCEED
CLERK Of COUNCIL.
DATE:
EASEMENT DEED
(Line of Sight)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
A-2022-109-02
Kelvin Mai, a married man, as his sole and separate property and Denise Le, a married woman, as her
sole and separate property, all as tenants in common
Do Hereby Grant to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California, a permanent easement for the right of way and
incidents thereto, for a line of sight (the "Sight Easement") upon, over, under, and across that portion of
Seller's Property more particularly described in Exhibit "A depicted in Exhibit "B" for the purpose of
providing the operators of vehicles and pedestrians with an unobstructed view across the Sight Easement.
Seller shall not erect at any time any building(s), structure(s), sign(s), vegetation larger than 2 feet in height or
other obstruction, manmade or otherwise, on the Sight Easement which may in any way interfere with the
view of operators of vehicles or pedestrians across said Sight Easement. Seller shall not grant other
easement or easements on, under or over said Sight Easement to any person, firm or corporation without the
previous written consent of Buyer/City.
PROVIDED HOWEVER, that nothing contained herein shall be deemed to release or discharge the Seller
herein and its successors in title from the obligation imposed upon them by the Buyer/City to maintain the
easement hereinabove described. Seller shall maintain said easement free of obstructions to vision as
required by the Buyer/City and covenants and agrees that nothing shall be erected, planted, or allowed to
grow more than 2 feet in height upon the easement herein as shall obstruct vision in violation of Buyer/City
requirements governing sight easements at intersections. Seller Is obligated to maintain said sight easement
and remove any obstructions to the site as necessary for the safe flow of traffic at the site. Seller hereby
expressly permits entry by the Buyer/City upon said easement for any purpose hereof without furnishing
notice of said entry by Buyer/City to Seller. The easement specifically conveys to the Buyer/City the right to
enter upon the premises for the purpose of inspecting and removing any obstructions to the site as necessary
for the safe flow of traffic together with the right of the Buyer/City, its successors and assigns, to enter in and
upon the promises described herein with men and machinery, vehicles and materials at any and all times for
the purpose of maintaining an unobstructed site as required for the enjoyment of the easement granted
herein.
Seller, for itself and its successors and assigns, hereby waives any and all claims for damages to Seller's
remaining property contiguous to the right of way conveyed by reason of the location, construction,
landscaping, or maintenance of the project.
Dated: 7?.(,n &) � '-,
Dated : 6 I 10 I Z'7'
Kelvin Mai, a married man, as his sole and
separate property and Denise Le, a married
woman, as her sole and separate property, all
as tenants in common
By:
K vin Mai
By: (�yP
Denise Le
CAL0FORN�A ALL- PURPOSE
CERTHCATE OF 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
Countyof OJ tQ/JIQE' }
On ! O 2p before me, t AA
e Ql
1111 11 (nee nsert name aria h of the an¢crJ
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 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
' DANIEtA 8ORSE
WITNESS my ham and official seal. Notary Public -California
c Orange County
Commission k 2399876
•��ro•"'' My Comm. Expires Apr 6, 2026
Notary Public Signature (Ndtary Public Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
l�QY/lkke:L`I Leeol
(Title or descdp8on of attached document)
(Title or descdption of attached document continued)
Number of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wwwa.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
DN Thisform complies ipith canrent California statutes regarding notary ipording arid,
if needed, should be completed mad altached to the doeemaent. Acimowledgments
f om other states may be completed for documents being sent to that state so long
as the hnordliagdoes riot require the California notary to violate Califonda notmy
law.
• State and Comity information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and lien your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
IrefsheAther- is fare ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• T1he notary seal impression must be clear and photographically reproducible.
impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, intimate the trie i.e. ChU, UU, 6earmary).
• Securely attach this document to the signed document with a staple.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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
On 2 } D before me, I' Q lQ 4
AI
_ (He nsen name anti tltl f iM1e omcerJ
personally appeared �P�IA 1 l hJ �1
who proved to me on the basis of satisfactory evi ce to be the persons) whose
names) 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.
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
°•., DAp8IEIA BO1B1
WITNESS my hand and official seal. :` - : Note yPubLi'r hforma
`9 Orange County
Commission k 2399876
`'�•°+"' My Comm. Expires Apr 6, 2026
Notary Public Signature (Notary Public Sea])
07 9 , °
DESCRIPTION OF THE ATTACHED DOCUMENT
C0)eA11e-kK+ 1
(Title or description of attached document)
(Title or description of attached document continued)
of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version wv,nu.NotaryClasses.com 800-873-9865
)1�
INSTRUCTIONS FOR COMPLETING THIS FORM
Thirfornicompliestuitlr cm'rew California statutes regarding notary wording and,
if needed should be completed and attached to the decmnent. Acknowledgments
firom other states ntay be completed for documents being sent to that state so long
as the wording does net regnire the California nary to violate California notmy
lam.
• State and Comity information most be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and thenyour title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
hdshe/ther- is /era) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area penmits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document
Indicate title or type of attached document, number of pages and date.
•: Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indurate the titlere. ChU, utu, Secretary).
• Securely attach this document le the signed document with a staple.
Coast Surveying, Inc.
November 10, 2021
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOTS 8 AND 9 OF LANDS OF S.H. FINLEY, IN THE CITY
OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A LICENSED SURVEYOR'S MAP RECORDED IN BOOK 2, PAGE 9, OF
RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED
IN THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED APRIL 25,
1973 IN BOOK 10662, PAGE 207 OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING ON A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 948.00 FEET, A RADIAL
BEARING TO SAID POINT BEARS SOUTH 73133'06" EAST; THENCE, LEAVING
SAID CURVE NONTANGENT NORTH 61022'21" WEST 32.27 FEETALONG THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE GRANT DEED,
RECORDED JANUARY 29, 2016 AS INSTRUMENT NO. 2016000040032,
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 11047'44"
EAST 319.21 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN
THE GRANT DEED TO THE CITY OF SANTA ANA, RECORDED APRIL 25, 1973
IN BOOK 10662, PAGE 201 OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BEING A POINT ON A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 948.00 FEET, A RADIAL
BEARING TO SAID POINT BEARS NORTH 86°24'05" EAST; THENCE
NONTANGENT SOUTHERLY 331.69 FEET ALONG SAID CURVE AND SAID
DEED LINE AND CONTINUING ALONG SAID CURVE BEING THE WESTERLY
LINE OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF
SANTA ANA RECORDED APRIL 25, 1973 IN BOOK 10662, PAGE 207 OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THROUGH A CENTRAL ANGLE OF 20002'49" TO THE POINT OF BEGINNING.
CONTAINING 8,118 SQUARE FEET, MORE OR LESS.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO
AND MADE A PART HEREOF.
PREPARED BY ME OR UNDER MY DIRECTION.
DATED THIS 121h DAY OF NOVEMBER, 2021. �� �` u� <.
�0
l 14 ro- 'L.S. 5108 �2
GWEN-VERA DEL CASTILLO, PLS 5108 0 C0_\�
JN 114-054 APN 405-213-01,02 Page t of t
9
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IN 3*33'D6"W /
P4� {RIAID
���� BEARING DISTANCE
/ 1 N61'22'21"W 32.27'
Q Few
e n 2 N11'47'44"E 112.01'
�
�( s77 �' r / 3 N11'47'44"E 207.20'
�U(o 5 N11'47'44"E 319.21'
n
\ �o ?�0) / / RADIUS DELTA LENGTH
lnlo 4 948.00' 20'02'49" 331.69'
r\r ,
-_-_-___- STREET
PINE
AIcs zvn COAST SURVEYING SCALE: 1"=60' EASEMENT , INC.
1CA PARKWAY 7 ( SUITE 9
SHEET 1 OF 1 TIl6TIN. CA 92780-8627 (714) 916-8268
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Easement
Deed dated June 21, 2022 from Kelvin Mai, a married man, as a sole and separate
property and Denise Le, a married woman, as her sole and separate property to the
City of Santa Ana, a charter City and municipal corporation organized and existing
under the Constitution and laws for the State of California is hereby accepted by
the undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June 1, 1988, in the compliance
with California Government Code Section 27281 and the grantee consents to
recordation thereof by its duly authorized officer.
Date
S I 2z
Date
For the City of Santa Ana:
( cit " anager
Kristine Ridge
L
City Cler
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 November 15, 2022,before me, L.J. Ortiz, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge, 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.
L. J. ORTIZ
Notary Public - California
iA Orange County
Commission # 240607g
Signature (Seal) °""" My Comm. Expires May 27, 2026+
When recorded, please mail this
instrument to:
Provident Savings Bank, F.S.B.
3756 Central Avenue
Riverside, CA 92506
APN: 405-213-01 & 02
CONSENT AND SUBORDINATION TO EASEMENT
Provident Savings Bank, F.S.B. ("Lien Holder") is the current holder of the beneficial interest
under a Deed of Trust dated January 25, 2016 and recorded January 29, 2016, as Document No.
2016000040033, Official Records of Orange County, California("Lien").
The Lien Holder hereby consents and subordinates its Lien to the "Easement Deed (Line of
Sight)" granted to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized
under the Constitution and laws of the State of California, its successors and assigns and Lien Holder
hereby agrees that in the event of a foreclosure of the Lien, the Easement shall survive such
foreclosure and remain binding upon the subject real property andall subsequent owners thereof.
Executed as of this ✓ day of Aft Ile* , 201Z-
LIEN HOLDER: Provident Savings Bank, F.S.B.
6ig
By:
Its: if A 4'IWMA
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
STATE OF CALIFORNIA )
COUNTY OF VL\�t6� k )
On iSMOb(,Y' I , before me,
Notary Public, personally appeared MkGVliUli VA 0-umV who
proved tome on the basis of satisfactory evidence to be the person) whose name )(Dare subscribed
to the within instrument and acknowled ed to me that�h Yshe/they executed the same in�her/their
authorized capacity(i�), and that byai her/their signature,g) on the instrument the personw, or the
entity upon behalf of which the persons) 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.
Sign
;n. >N v, JENNIFER POR7UGAL
Notary Public • California
Riverside County
Commission k 2385869
r F M My Comm. Expires Dec 9, 2025
(Seal)