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HomeMy WebLinkAbout1982-07-07 - Easement METROPOLITAN WATER DISTRICT . ` 82-390016 -frC�n EXEMPT �` A► Recorded at the Request of NOVC8 I' 82 THE METROPOLITAN WATER DISTRICT LCE A. i63G�3t Recorder OF SOUTHERN CALIFORNIA a1Cy When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 Tax-Exempt-Government Agency DOCUMENTARY TRANSFER TAX $ None City of Huntington Beach -- Alicia M. Wentworth City Clerk ay: ....... .. . ... .A.s�.�aK.7 } PERMANENT EASEMENT DEED Deputy ylerk 1435-1-9 (Portion) THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereby grants to CITY OF HUNTINGTON BEACH, a municipal corporation an easement for construction, maintenance, and operation of a 60-inch-inside-diameter storm drain pipeline within the real property in the County of Orange, State of California, described as follows : A strip of land 15 feet wide in that certain portion of the Rancho La Bolsa Chica, as shown on map recorded in Book 1, pages 431 and 432 of Patents, in the office of the County Recorder of the County of Los Angeles, in the City of Huntington Beach, County of Orange, State of California, being a portion of the northwest quarter of Section 28, Township 5 South, Range 11 West, in said Rancho as per map filed in Book 92, page 19, of Record of Surveys in the office of the County Recorder of said County of ® Orange, also being a portion of that parcel of land conveyed y3, to The Metropolitan Water District of Southern California by rn deed recorded February 22, 1974, in Book 11080, page 287, of Official Records in the office of the County Recorder of said County of Orange, said certain portion being more particularly described as follows: • 82-390016 • Permanent Easement Deed 1435-1-9 (Portion) -2- Beginning at the southeast corner of Tract No. 5792 as shown on a map recorded in Book 220, page 8, of Miscellaneous Maps in the office of the County Recorder of said County of Orange; thence westerly along the southerly line of said Tract No. 5792 to the northerly prolongation of the easterly line of that certain 6. 2 acre parcel of land designated Parcel 1-C on Corps of Engineers District Engineer Drawing No. 225-M6, dated June 4, 1948 , on file in the office of the District Engineer, Department of the Army, Los Angeles , as reserved by the United States of America, in Judgment and Decree re-vesting title, certified copies thereof being recorded May 9 , 1949, in Book 1840 , page 424 , and recorded January 13, 1959, in Boob 4546, page 549 , both in said Official Records; thence southerly along said northerly prolongation and along said last mentioned easterly line to the southeast corner of said certain 6. 2 acre parcel of land; thence southeasterly, along a line that is at right angles to that certain center line course having a bearing and distance of N 631 40 ' 21" E 5439. 72 feet in deed to the Orange County Flood Control District recorded October 11, 1960, in Book 5457, page 298, of said Official Records , (shown as N 630 40' 14" E 5439. 55 feet on said Record of Surveys Map) and which passes through said southeast corner, to a line which is parallel with and distant northwesterly 198 feet, measured at right angles, from said certain center line course; thence northeasterly along said last mentioned parallel line to the westerly line of Tract No. 5791 as shown on maps recorded in Book 236, page 20, of said Miscellaneous Maps; thence northerly along said westerly line to the point of beginning. Said strip of land 15 feet wide being more particularly described as follows: Beginning at the northeast corner of said above- described certain portion; thence south along the east line of said above-described certain portion to a point on a line that is parallel with and distant southerly, 15 feet, measured at right angles, from the north line of said above-described certain portion; thence west along said parallel line 1662. 43 cc feet; thence at right angles to said parallel line, north 15 feet to a point on said north line, said point being distant z thereon westerly 1662. 43 feet from said last-mentioned northeast corner; thence east along said north line 1662. 43 feet to said point of beginning. �z��000 Permanent Easement Deed 1435-1-9 (Portion) -3- Containing 0.57 acre, more or less. z This easement is granted subject to the following 2 terms: 1. It is subject to Grantor' s paramount right to use the above-described property for the purposes for which it was acquired. 2. Grantee shall cause to be constructed, at no cost to Grantor and after prior written approval from Grantor of plans for such construction, a 60-inch-inside-diameter storm drain pipeline within the easement area, which shall withstand AASHTO H-20 loading, and which shall provide capacity to accommodate natural and storm water runoff from Grantor' s following described property: Parcel 9 of the Corporation Quitclaim Deed from Signal Properties, Inc. , et al, to The Metropolitan Water District of Southern California by deed recorded February 22 , 1974 , in Book 11080, page 287, of Official Records in the office of the County Recorder of the County of Orange, State of California. Containing 40. 02 acres, more or less. 3. Grantee shall not change the existing grade or otherwise modify the topography of property affected by this easement or reconstruct or modify the storm drain pipeline without prior written consent of Grantor. 4. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify Grantor, its directors, officers, and employees against any liability and expenses , including the expense of legal representation whether by special counsel or by Grantor' s staff attorneys, resulting from injury to or death of any person, or damage to any property, including property of Grantor, or damage to any other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation, which in any manner may arise out of the granting of the easement, or use by Grantee of the easement or any adjoining land used with the easement. 82 390016 Permanent Easement Deed 1435-1-9 (Portion) -4- 5. In the event of abandonment by Grantee of the rights granted herein, they shall terminate and the Grantee, shall thereupon, without cost to Grantor, deliver to Grantor a quitclaim of such rights. f Dated: ' THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Evan L. Griffith APPROVED AS TO FORM General Manager CARL BORO KAY GENERAL UNSr pr • '1 V ppy TWOMEY.RJR. ' EtlTy CcENERAL cbuNS£L By }t -Zz Assistant General Manager RHM/lb Authorized by MWD Administrative Code Section 461. 8 APPROVED AS 70 FOW J M Aftwney 1 y 8"-390016 City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 fir) DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated October 22, 1982 from Metropolitan Water Dist of So. 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. Dated November 1 , 1982 CITY OF HUNTINGTON BEACH K ALICIA M. WENTWO12TN City Mrk B DEPU11Y CITY CLERK ,WARNER MENUE 8 2W 9 016 29 ,28 RANCHO LA -mw- 60' BOLSA (7) 20 5�g2 too NO cv 2 RPG� z(D I Zp $ N C ICA 2 MM• c.� a CD to -0 _ PATENTS - ~ m BOOK 1 / 4 31 L.A.0 E'1 y PfOlonWion North Lin. M I�I SE 1/4, NW 1/4, Section 2g in it► 1662.43 M�- 35 A, .169743' I ' STORM DRAIN EASEMENT TO CITY OF HUNTINGTON BEACH CITY 9 COUNTY PARCEL I-C O� 0.R.4546-549 0 0 G i vo �g> `dw. 00� o¢ y 2 200 0 200 400 0 SCALE IN FEET 0'f� ?I THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA V BOLSA CHtCA PROJECT y ENTRY PERMIT MAP PARCEL 1435- 1 -9 (Pt n.) 82-390016 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On this day of in the year before me '' personally appeared ROBERT A. G UGH, known to me a the Assistant General Manager of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, and known to me to be the person who executed the within instrument on behalf of said public corporation and acknowledged to me that such public corporation executed the same. WITNESS my hand and official seal. ry OFFICIAL SEAL A 6UR:kq'.,p H. J. DEARING, JR. W ao NOTARY PUBLIC - CALIFORNIA (Seal) �'` 8 LOS ANGELES COUNTY Y 4.FRr.F My comm. expires JUL 19, 1982 h 4 Signature tary Pub-lic in ".-,no for sar Staters,`