HomeMy WebLinkAbout1980-04-07 - Easement OC WATER DISTRICT � 15a, 1 Pub
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6 I EASETIFIIT AGREET„1ENT 20 Ai�i APR 21 4980
? i LEE A. BRANCH,Cou tv Re=rr137-
8 THIS AGREEMPIT , made and entered into this ;7 : 3ay of
9 1980 , by and between the CITY OF HUIITIITGTODI BEACF,
10 a municipal corporation of the Stage of California , hereinafter
® 11 i referred to as "Grantor," and ORMIGE COUNTY WATER DISTRICT , a
12 public corporation , hereinafter referred to as-"Grantee " wherein
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13 -the parties hereto do hereby agree as follows :
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15 � 1. Grantor does hereby grant to Grantee a perpetual , non-
w 16I exclusive easement to drill , install , construct , reconstruct ,
W 17 remove and replace , operate , inspect , repair and maintain a f
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18 groundwater observation well in, on , and under those certain
19 parcels of real property in the City of Huntington Beach , County
20 of Orange , State of California , as described on Exhibit "A"
21 ; attached hereto and made a part hereof.
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1 2. In addition thereto, Grantor grants to Grantee a terlporary
2 easement for access and construction purposes in , on , under ,
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3 and across those certain parcels of real property in the City of
4 Huntington Leach , County of Orange , State of California , as
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5 described on Exhibit "Bli attached hereto and made a part hereof ,
6 for use during the period of construction of said observation well
7 Said temporary easement shall in any event terminate on Decem-
8 ber 31 , 1980. Upon completion of construction or termination of
9 said temporary easement as herein provided , Grantee shall restore
10 the area of said temporary ,easement to a condition equivalent to j
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11 that existing at the time of commencement of construction. I
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13 3• Grantor reserves the right to the continued use of said
141 perpetual easement area after completion of construction for any
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15 purpose whatsoever including but not limited to the installation ,
16 maintenance and repair of utility lines or pipelines of all kinds
17 which shall not unreasonably interfere with the use of said
18 I perpetual easement by Grantee for the purpose hereinabove des-
19 cribed. Provided , however , that Grantor shall not at any time
20 construct any structures upon, over , or across said perpetual
21 easement without Grantee' s prior written approval. Grantor
22 covenants and agrees that in the event Grantor' s use of the above
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23 described property shall at any time or times necessitate the
24 ! relocation , rearrangement , reconstruction, reinforcement , modifi-
25I cation or other changes of of Grantee' s facilities located on
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26 the above described property, Grantor shall promptly pay to
27 Grantee on demand the reasonable cost thereof. All such work
28 shall be performed by Grantee or by any means authorized by it.
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1 , 4 . Grantee shall, at its expense , repair and restore-. any
2 damage done by Grantee, its agents , or contractors , to the I
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3 surface area of the first above described easement and to ad
4 jacent areas in the course of the construction, maintenance , or
5 operation of said observation well .
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7 5. Grantee shall, and does hereby agree to defend and indem
8 nify Grantor against , and to hold Grantor harmless from, any loss f
9 of or damage to any property, or injury to or death of any person
10 whomsoever proximately caused, in whole or in part, by any negli-
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11 gence of Grantee or its employees or agents , or by any act or
12 omission for which Grantee or its employees or agents are liable
13 without fault in the exercise of the rights herein granted, save
14 ( and except in those instances where such loss or damage or injury
15 or death is proximately caused solely b an act or omission for
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16 which Grantor or its employees or agents are liable.
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18 6. The aforesaid easements are also granted subject to all
19 easements, rights, leases , licenses and encumbrances of record
20 or of which Grantee has notice, affecting the above described
21 real property, or any portion thereof.
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23 i 7 . This a7reeroen'U and each and every term, covenant and
24i' condition herein contained, shall inure to the benefit of,
25 � and be binding upon successors in interest and assigns of the
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�I respective parties hereto.
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1 , IN WITt1ESS WHEREOF , the parties hereto have executed
2 + this Easement Agreement the day and year first above written. �
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3 CITY OF HUPITINIGTOIN BEACIT
a icipal corporation
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7 ' ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney
REVIEWED AND APPROVED:
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131 ity Administrator j
14 `! ORANGE COUNTY WATER DISTRICT ,
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17 Robert L. Cla:rl�
Pre siden:;
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20 `` Mary E. Johnson
APPROVED AS TO FORM: Assistant Secretary
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24 Orange my Water District
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STATE OF CALIFORNIA )
) ss .
COUNTY OF ORANGE )
On April 9 1980, before me, the undersi ed, a
Notary Public in and for said State, personally appeared
known to me to be the L nd
, known to me toebe the
of the city that executed the within instrument,
known to me to be the persons who executed the within instrument
on behalf of the city therein named, and acknowledged to me that
such city executed the within instrument pursuant to its by-laws
or a resolution of its City Council.
WITNESS my hand and official seal.
OfE
ary Public in and or the Coun
% ' C `r��CtiWAGrange, State of California
1 'G�io-i;+LIFORNIA
ORANGE COUNTY
11�711 Roy Ceme,issi,n Lxpires Oct.10 190
eieeeie ene:el��e.�.s:0:nisi[3i3sS� ye3ee�eeSeNeeueeure�:
STATE OF CALIFORNIA
ss .
COUNTY OF ORANGE } �
On April '16 , 1980 , before me , th�e undersigned a
Notary Public in and for said State, personally appeared RODERT L .,
CLAT?K, known tome to be the* President, and MARY E. JOHNSON, known
to me to. be the Ass ' t. Secretary of the District that executed
the within instrument; known to me to' ' be , the persons who executed
the within instrument on behalf of the District therein named, and
acknowledged .to me that such District executed the within instrument
pursuant to a resolution of its Board of Directors .
WITNESS my hand and official seal.
Otgenmunwenannnereeeeenenunneoeas.aee� � �•. �7�--a '
DOROTHY,M. MORRISS Notary Publ c in and for the
NOTARYPUBiIC — CALIFORNIA !� County of Orange , State of California
PRINCIPAL OFFICE IN S -
. ORA,'4GE COUNTY
My Commisa10n Expires Mar.2, 1984
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BK 1 35 ' 1 Fig ; %
EXHIBIT "A"
1 Parcel 1 (Wellsite, Chris Carr Park) :
2 The southerly 10. 00 feet of the westerly 10 . 00 feet of that
3 portion of the West half of the Northwest quarter of the Southwest
4 quarter of Section 22 , Township 5 South, Range 11 West, San
b Bernardino Base and Meridian, granted to the City of Huntington
6 Beach by Deed recorded August 21, 1969, in Book 9057, page 378 of
7 Official Records of Orange County, California.
8 Except that portion included .within Springdale Street, 100
9 feet wide.
10 Parcel 2 (Wellsite, Greer Park):
11 That portion of the Southeast quarter of the Southeast
12 quarter of the Northeast quarter of Section 15, Township 5 South,
13 Range 11 West, San Bernardino Base and Meridian, described as
14 follcws : I
15 Beginning at the Southeast corner of the Northeast quarter of
16 said Section 15, said corner being the centerline intersection of
17 Golden West Street and McFadden Avenue; thence South 89034 ' 26" West
18 along the South line of the Northeast quarter of said Section 15 a
19 distance of 230 .00 feet; thence North 0°39 ' 35" .West parallel with
20 the East line of the Northeast quarter of said Section 15 a distance
21 of 42 . 00- feet to the true point of beginning; thence continuing
22 along said parallel line North 0139 ' 35" West 10 .00 feet; thence
23 South 89034 ' 26" West 10 . 00 feet; thence South 0°39 ' 35" East 10 .00
24 feet; thence North 89°34 ' 26" East 10. 00 feet to the true point of
25 beginning. •
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1 Exhibit "A" Cont'd
2 Parcel 3 (Central Park Well Site
3 The easterly 10 . 00 feet of the westerly 120 . 00 feet of the
4 southerly 10 . 00 feet of the northerly 355 . 00 feet of the Southwest
oiic-questcer of the Northwest one-quarter of the Northeast one-
6 quarter of Section 34 , Township 5 South, Range 11 West, San Bernar-
7 dino Base and Meridian, in the City of Huntington Beach, County of
8 Orange, State of California.
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BK 1358 ; PB3
EXHIBIT "B"
1 Parcel 1 (Construction Easement, Chris Carr Park) :
2 The southerly 30 . 00 feet of westerly 30 .00 feet of that
3 portion of the West half of the Northwest quarter of the Southwest
4 quarter of Section 22 , Township 5 South, Range 11 West, S .B.B. & M. ,
5 granted to the City of Huntington Beach by Deed recorded August 21,
6 1969 , in Book 9057, page 373 of Official Records of Orange County,
7 California.
8 Except the westerly 30.00 of said West half, as measured
9 along the West line thereof, included within Springdale Street.
10 Parcel 2 (Construction Easement, Greer Park) :
11 Beginning at the true point of beginning of Parcel l on
12 Exhibit "A" attached hereto, thence North 0039 ' 35" West 30.00;
13 thence South 89034 ' 26" West 30. 00 feet; thence South 0°39 ' 35"
14 East 30 .00 feet; thence North 89"34126" East 30. 00 feet to the
15 point of beginning.
16 Parcel 3 (Construction Easement, Central Park) :
17 The easterly 30.00 feet of the westerly 140. 00 feet of the
18 southerly 30. 00 feet of the northerly 355. 00 feet of the Southwest
19 one-quarter of the Northwest one-quarter of the Northeast one-
20 quarter of Section 34, Township 5 South, Range 11 West, San Bernar-
21 dino Base and Meridian, in the City of Huntington Beach, County of
22 Orange, State of California.
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