HomeMy WebLinkAbout1982-04-28 - Easement CALIFORNIA, STATE OF DING
WHEN RECORDED MAIL 70;RFpo ev 8 2"2 3 9 7 5 6
CITY-OF HUNTINGTON B
Office of the City Clerk
P. 0. Box 190 REt�RDED IN OFFICIAL RECORDS-1
1 Huntington Beach, Calif. 92648 OF ORANGE CflUgTY,CAUFOilItIA
2 -240 PM JUL 12 '82
3 LEE A. BRANCH, Coo Recordw
4
5
6 EXEMPT
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7 Space-Above for Recorder's Use
8 Tax-Exempt-Government Apn y
City of Huntington Beacii
9 g= " ` AGREEMENT AND GRANT OF EASEMENT Alicia M. Wentworth
ry City Clerk
10 By: --- _- . .
11
- Depot. 1ty/ Clerk
12 THIS AGREEMENT, made and entered into this 8 � day
13 of ri l 19 by and between the STATE OF CALIFORNIA, acting
14 through its Department of Parks and Recreation, hereinafter called "STATE
15 and the CITY OF HUNTINGTON BEACH, hereinafter called "GRANTEE";
16
17 WITNESSETH:
18
19 That STATE, pursuant to the provisions of Section 5012 of the Public
20 Resources Code, does hereby grant unto GRANTEE an easement for the purpose of
21 installing and monitoring a storm drain facility over a portion of Bolsa Chica
22 State Beach as shown and described on Exhibit-A attached hereto and made a
23 part hereof.
24
25 This grant is made and accepted upon the following terms and
26 conditions:
27 ---
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72)
OSP
.5
82-239756
1 1. This grant is subject to all valid and existing contracts, leases,
2 licenses, 'encumbrances, and claims of title which may affect said property and
3 the use of the word "grant" herein shall not be construed as a covenant
4 against the existence of any thereof.
I 5
6 2. GRANTEE hereby waives all claims and recourse against the STATE for
7 loss or damage to persons or property arising from, growing out of, or in any
8 way connected with or incident to this agreement. GRANTEE agrees to
9 indemnify, save harmless, and defend the STATE, its officers, agents, and
10 employees against , any and all claims, demands, or causes of action that may be
11 brought against the STATE, its officers, agents, and employees arising out of,
12 or in any way connected with or incident to the use or occupancy of said
13 premises by the GRANTEE or the exercise by GRANTEE of the rights or privileges
14 herein granted
15
16 3. STATE expressly reserves the right to the use of said property in
17 any manner, provided such use does not unreasonably interfere with the use of
18 the easement herein granted.
19
20 4. STATE expressly reserves the right to require GRANTEE at the expense
21 of STATE to remove and relocate all improvements placed by GRANTEE within the
22 easement, upon determination by STATE that said improvements interfere with
23 the future development of STATE's property. GRANTEE agrees that within one
24 hundred eighty (180) days after written notice from STATE of such
25 determination by STATE and demand for removal and relocation of said
26 improvements, GRANTEE shall remove and relocate said improvements to a
27 feasible location on the property of the STATE, and STATE shall furnish
COURT PAPER
STATE OF CALIFORNIA '
STD: 113 (REV. 8-72)
OsP — 2
92-23975
1 GRANTEE with a good and sufficient similar easement for said improvements in
2 such new location, and GRANTEE thereupon shall reconvey to STATE the easement
3 herein granted.
4
5 5. This agreement and the rights and privileges herein given GRANTEE
6 shall terminate in the event that GRANTEE shall fail for a continuous period
7 of one (1) year to utilize the rights and privileges herein granted.
8
9 6. In the event of the termination of this agreement GRANTEE shall, at
10 GRANTEE 's own expense, when requested in writing to do so by STATE, remove all
11 property and equipment placed by or for GRANTEE upon the said premises, and
12 restore said premises as nearly as possible to the same state and condition
13 they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE
14 shall fail so to do within sixty (60) days after the aforesaid request is
15 given, STATE may do so, all at the cost and expense of GRANTEE to be paid by
16 GRANTEE on demand.
17
18 Upon termination of the rights herein granted, GRANTEE shall execute
19 and deliver to STATE within thirty (30) days, a good and sufficient quitclaim
20 deed to the rights arising hereunder.
21
22 7. This agreement shall not, nor shall any interest therein or
23 thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE
24 whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE
25 let or sublet, or grant any licenses or permits with respect to the use and
26 occupancy of the said premises or any portion thereof, without the written
27 consent of STATE being first had and obtained
COURT PAPER -
STATE OF CALIFORNIA
STD. 113 (REV. B-72)
OSP _ 3 _
jy
82-23975s
1 8. GRANTEE is further given the right of reasonable ingress to and
2 egress from the easement herein granted, provided, however, that existing
3 roads and trails shall be utilized for such purpose whenever reasonably
4 possible and further provided that if such road or trail is not available,
5 GRANTEE shall secure the consent of the STATE as to the route or routes to be
6 followed for the purpose of such ingress and egress. Such right of ingress
7 and egress shall at all times be exercised in a manner which will cause the
8 least damage to the property of the STATE.
9
10 9. GRANTEE agrees to install a nuisance water elimination system, as
11 shown on Exhibit-B attached hereto and made a part hereof, within the easement
12 area and to provide storm drain management to prevent pondings in the area.
13 All maintenance operations will take place on dates that are satisfactory to
14 the STATE.
15
16 10. Upon completion of any work to be performed by GRANTEE on said
17 easement, GRANTEE shall restore the surface of the easement to a condition
18 satisfactory to the STATE
19
20 11. GRANTEE, in the exercise of the rights herein granted, shall at all
21 times comply with all applicable laws and lawful regulations, including such
22 rules and regulations for the State Park System now in effect or hereafter
23 adopted.
24 --
25 ---
26 ---
27 ---
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8-72) - -
OSP
82-239356 r
1 IN WITNESS WHEREOF, the parties have executed this instrument upon
2 the date first hereinabove appearing.
3
4 CITY OF HUNTINGTON BEACR STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
5
6 By A Byr !.C�
MAYOR
7
ATTEST:
r 8
9
117 Cler
10
APPROVED AS TO FORM:
11
1( 7
13 Zty Atto ney
14
7TATEIP AND O'PROVFD:
15
18
Director, Public Works
17
EVIEWED AND APPROVED:
18
20 ity Administrator
21
22
23
24
25
26
27
J-0075Q
CQURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8-72)
OSP
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2--239756
®ill'Aill City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92646
ILI DEED CERTIFICATION
t This is to certify that the interest in real property conveyed by the
deed dated April 28, 1982 from State of California
to the City of Huntington Beach a municipal corporation, is hereby
accepted by the undersigned officer or agent on behalf of the City
Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority
conferred by Resolution No. 3537 of the City Council of the City of
Huntington Beach adopted on August 7, 1972, and the grantee consents
to the recordation thereof by its duly authorized officer.
K Dated : June 7, 1982 CITY OF HUNTINGTON BEACH
' AUCIA M. WENT'W►OWfI4
iCity Clerk
By: 9,
DEPUTY cl • d:LY;Fi i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s 8 2—2 9 7 5 6
On this day of , 199.-1 before me,
a Notary Public in and for said County and State, personally appeared
t known to me to be the Mayor
and , known to me to be the City Clerk
r of the City of Huntington Beach, the municipal corporation that executed
the within instrument known to me to be the persons who executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such muniei al cor oration executed the same.
Er OFFICIAL SEAL
,s9CNNE A . QP,OCKWAY
PRINCIP
iN� NOTARY PUoLiC - CALIFORNIA
-L OFFICE IN
�` C ANCE COUNTY
MY COMMISSION EXPIRES OCT 10 1985
1
STATE OF CALIFORNIA
SS.
COUNTY OF SACRAMENTO
On
Ahis— day of in the year of 19 , before me,
4- ZE M ia7��Ct 0 , a ' t log a d for the State of.California,
duly commissioned ands rn, erso ally appeared 1 ,o[
known to me to be the Director of Parks and Recreation of the State of California
and acknowledged to me tha he executed the within instrument in the name of and on behalf of the State
of California.
IN WrrNEss WHEREOF, I have hereunto set my hand and affixed my official seal in said County, the day
r
and year first above written.
OFFICIAL Su0.L
.: '...:.. JANE J. MAT'SUOKA
`O' NOTAP,Y PUBLIC—CALIFORNIA No ` Public
x Sacramento County
My Commission Expires Oct. 8, 1983
r 82--239756 i
CIVIL ENGINEERING ENVIRONMENTAL PLANNING LAND SURVEYING
SUMECT LEGAL DESCRIPTION FOR DATE 'OS NO SNFFT OF
er
THE CITY OF HUNTINGTON
MI I:DAH:AN 8 1 1 31291 1
STORM DRAIN EASEMENT
AN EASEMENT FOR STORM DRAIN PURPOSES OVER A STRIP OF LAND 25. 00 FEET
IN WIDTH OVER A PORTION OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 11
WEST, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 51 , PAGE 14 OF MISCEL-
LANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS :
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF THIRTEENTH STREET
WITH THE CENTERLINE OF COAST HIGHWAY (FORMERLY OCEAN AVENUE) 100 . 00
FEET IN WIDTH AS SAID STREETS ARE SHOWN ON A MAP OF HUNTINGTON BEACH
RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS IN THE OFFICE OF
SAID COUNTY RECORDER, THENCE N48021142"W 49.74 FEET; THENCE AT RIGHT
ANGLES S41038 ' 18"W 50. 00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF
COAST HIGHWAY AND THE TRUE POINT OF BEGINNING OF THE CENTERLINE HEREIN
DESCRIBED; THENCE S59138 ' 1811W 47 . 57 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 90 . 00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18000 ' 00"
A DISTANCE OF 28. 27 FEET; THENCE S4103811811W 61 . 50 FEET TO THE END OF
THE EASEMENT HEREIN DESCRIBED. THE SIDELINE OF SAID STRIP TO BE
LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHWESTERLY LINE OF COAST
HIGHWAY.
EXHIBIT-A
3186-L AIRWAY AVENUE • COSTA MESA,CALIFORNIA 92626 • (714)641-8777
• 82•-239756
CIVIL ENGINEERING ENVIRONMENTAL PLANNING • LAND SURVEYING
SUBJECT BY � DAT�7 �/_ lOB NO � SHEET/ OF/
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2530 NORTH GRAND AVENUE P.O BOX 11667 SANTA ANA, CALIFORNIA 92711 TELEPHONE (714) S42-2336
;�' p��►. 92-239756
PROPOSED MODIFICATION - 13 TH STREET STORM DRAIN
OUTFALL SPREADING PIPE FOR NUISANCE FLOWS
c_90 R C.P. STORM ORA/N
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P/PE SYSTEM
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