HomeMy WebLinkAbout1982-07-19 - Easement HUNTINGTON BEACH CO RECORDED N BRICIA R Cp D
OF ORANGE COUNTY,CALIFORNIA
82-233480
-1 n PM AUG 20 '82
RECORDING REQUESTED BY AND LEE A. BRANCH, County Recorder
WHEN RECORDED RETURN TO:
EXEMPT
CITY. OF HUNTINGTON BEACH C12 Tax-Exempt-Government Agency
Office of the City Clerk , 'CITY OF HUN117NGTON BEACH
P. 0. Box 190 �
Huntington Beach, Calif. 92648 )By: _ _ '
'City Clerk
LANDSCAPING AND RIGHT OF WAY AGREEMENT
THIS AGREEMENT is made and entered into this �� day of 4une, ,
1982, by and between HUNTINGTON BEACH COMPANY, hereinafter referred to
as "Grantor", and the CITY OF HUNTINGTON BEACH, a municipal corporation,
hereinafter referred to as "Grantee."
1. Grantor hereby grants to Grantee and Grantee's agents, employees,
successors, assigns, tenants, customers and invitees, hereinafter collectively
referred to as "Grantee", a non-exclusive easement for the construction,
installation, maintenance and repair of trees, shrubs, grass and other landscaping
and a non-exclusive right of way for pedestrian and vehicular ingress and egress
over, across and upon the premises located in the County of Orange, State of
California and more particularly described in Exhibit A attached hereto and
made a part hereof.
2. Neither Grantee nor Grantee's successors, assigns, invitees or guests,
shall use such easement in a manner so as to unreasonably interfere with the use
of the above described property by Grantor and Grantor's lessees, (including
without limitation Chevron USA, Inc.) permittees, licensees, assignees,
employees and contractors.
3. Grantee shall not build or otherwise place, or cause or allow to be
placed upon said property, except as otherwise provided herein, any building,
structure or other obstruction which would interfere with the rights herein
granted, or change the grade of said property. Grantee, at its sole cost and
expense shall install, maintain, repair and remove all improvements placed on
said easement (including without limitation, pavement and landscaping), pursuant
to plans and specifications ("Plans").
F A
82-2S3480 0
Prior to performing the work required to construct and install
landscaping and the roadway, Grantee shall prepare and submit the Plans for
such work to Grantor for Grantor's approval.
Within thirty (30) days after receipt of the Plans, Grantor shall
approve such Plans or deliver to Grantee its specific objection to the Plans. If
Grantor does not deliver to Grantee its written approval or its specific
objections within said thirty (30) day period, Grantor shall be deemed to have
approved the Plans.
4. Grantee shall obtain approval of the Plans from all appropriate
government agencies, and after they have been so approved, a copy of them shall
be initialed and dated by Grantor and Grantee.
5. Grantee shall repair and maintain the landscaping and roadway at its
sole cost and expense, and in a first class and sound condition.
6. Grantor warrants that it is the owner of said property and possesses
the right to make this right of way and landscaping grant.
7. The landscaping and right of way easements herein granted shall not
be assigned or otherwise transferred by Grantee voluntarily, by operation of law,
by merger or other corporate proceedings, or otherwise, in whole or in part,
without the prior written consent of Grantor, which consent may be withheld in
Grantee's sole and absolute discretion. Except as otherwise provided herein, the
terms and conditions of this agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto.
8. This agreement and the rights herein granted to Grantee shall
terminate after six (6) months prior written notice given by either Grantor or
Grantee to the other party.
9. The landscaping and right of way easements herein granted are
expressly conditioned upon Grantee developing a park and recreational area upon
82-2934 6'
the property north of, northeast of, and contiguous to that certain parcel of
property which Grantor presently owns and upon which Chevron USA, Inc. is
operating oil and gas wells as lessee of Grantor, which parcel includes the
premises over which the within landscaping and right of way easements are
granted. Should Grantee fail to develop a park and recreational area upon said
property, then this agreement and the rights granted herein shall be null and void
and of no force or effect.
10. Except for any damage to or loss of property (to whomever
belonging), or injury to or death of person(s), caused by the sole negligence or
willful misconduct of Grantor, Grantee shall indemnify, defend and hold harmless
Grantor, its officers, shareholders, agents and employees, and each of them,
harmless from and against all liability or claims thereof for any such loss,
damage, injury or death arising out of and resulting from Grantee's failure to
perform its obligations herein or Grantee's exercise and use of its rights granted
herein.
11. Grantee hereby recognizes Grantor's title and interest in and to said
r premises and agrees never to assail or resist Grantor's title or interest therein.
12. This grant is subject to all valid and existing licenses, leases, grants,
exceptions, reservations and conditions affecting said premises.
P
HUNTINGTON BE CH COMPANY
t
By
� e rest en
By
� •
Wistant Secretary
CIT HUNTINGTON BEACH
t B
• ATTESTe M y r Pr empo�
•erk
GAIL HUTTON
y Attorney
Assistant City Attorney
(Corporation) Wo TITLE INSURANCE
AND TRUST
STATE OF CALIFORNIA l ,COR COMMW
grange ? SS.
COUNTY OF 11
On July 29, 1982 before me, the undersigned, a Notary Public in and for said
State,personally appeared R. J. Work
known to me to be the V i C @ President, and T. B. Rollins
Wknown to me to be Assistant Secretary
I of the corporation that executed the within Instrument,
known to me to be the persons who executed the within -----o
a Instrument on behalf of the corporation therein named, and OFFICIAL SEAL 00
m acknowledged to me that such corporation executed the i ° ffi ~n -' SHIRLEY M. HOLMAN 0
within instrument pursuant to its by-laws or a resolution of 0 �._ Notary Publc-Calitornia 0
its board of directors. i ORANGE COUNTY o
WITNESS my hand and official seal. o My commission expires 11.25 8d
-------------------------
2110 Main Street Huntington Beach,CA92648
Si atur
(This area for official notarial seal)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss: 8 2 w 2 4 4 0
On this day of L' . 19-FlIz , before me,
a ry Public in and for said County Ad State, personally appeared
known to me to be the Mayor 6�w vidis ,
andil. ��//,�, p�.,��y , known to me to be the City Clerk
' 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
",Annici al corporation executed the same.
t' Asa OFFICIAL SEr L �.
I may, CGNI\i(E A 5'r. ' VJAY
�= f-C f r lG�Ji ;a
MY CO"tiI'Alssl''N 'k' 1> 5
C- °)))
•
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92648
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the
deed dated July 19, 1982 from Huntington Beach Company
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 August 13, 1982 CITY OF HUNTINGTON BEACH
ALICIA M. WENTWORTH
City Clerk
By:
82-293480
EXHIBIT A
LEGAL DESCRIPTION
FOR
LANDSCAPING AND RIGHT OF WAY AGREEMENT
That portion of Parcel 1, in the City of Huntington Beach, County of Orange,
State of California, as per map recorded in Book 40, Page 40 of Parcel Maps,
records of said County, more particularly described as follows:
Commencing at the centerline intersection of Palm Avenue and 17th Street as
shown on referenced map; thence along said centerline of 17th Street N 41 39'
49" E, 1627.90 feet; thence leaving said centerline N 48 21' 25" W, 45.00 feet to
the northwesterly right of way line of 17th Street and the TRUE POINT OF
BEGINNING; thence N 48 21' 25" W, 341.52 feet to a point on the boundary line
between Parcels 1 and 2 of said Parcel Ma • thence along said boundary line S 41
P� g Y
39' 35" W 40.82 feet; thence S 48 21' 25" E, 341.52 feet to the northwesterly
right of way line of 17th Street, thence along said northwesterly line N 41 39' 49"
E, 40.82 feet to the true point of beginning.
T
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82-293480 ---
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Exhibit "C-1" tw.. Berk and -
/ / a reeRc Recreation Ndfcatfe
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82-293480
STATEMENT OF THE ACTION OF THE CITY COUNCIL
Council Chamber, City Hall
Huntington Beach, California
Monday, July 19, 1982
called the regular meeting of the City Council
o the City of Huntington Beach to order at 7:30 P.M.
Present: Pattinson, Thomas, MacAllister, Finley, Bailey, Kelly
Absent: Mandic
HUNTINGTON BEACH COMMUNITY PARK - 17TH & MAIN - PLANS/SPECIFICATIONS/ADVERTISE FOR BIDS
PPROVED - LANDSCAPING AND RIGHT-OF-WAY AGREEMENT WITH HB CO - APPROVED - ND 82-21
APPROVED P - -
The City Clerk presented a communication from the Community Services Director regarding
proposed Huntington Beach Community Park located at 17th and Main Streets.
Discussion was held regarding the matter.
A motion was made by Pattinson, seconded by MacAllister, to approve the plans and
specifications for Huntington Beach Community Park and authorized staff to advertise
for construction bids; to approve and authorize execution of Landscaping and Right-of-
Way Agreement with the Huntington Beach Company; to approve Negative Declaration
82-21 for environmental reviewof Huntington Beach Community Park and to consider the
proposed agreement with Pay-N-Play Racquetball Service Corporation at the meeting of
August 2, 1982. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Finley, Bailey, Kelly
NOES: None
NOT VOTING: Thomas
ABSENT: Mandic
Mayor _R., l adjourned the regular meeting of the City Council
of the City of Huntington Beach at 10*20 to
at 7:30 P.M. in Council August 2. 1982
Center,r, Hu n t i ngt,QIL6Es"1.ch, CA
ATTEST: Alicia 11. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
Alicia M. Wentworth of Huntington beach, California
City Clerk
STATE OF CALIFORNIA ) _ Don MacAllister
County of Orange ) Mayor Pro Tem
City of Huntington Beach)
I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk of the City
of Huntington Beach, California, do hereby certify that the above and foregoing is a
true and correct Statement of Action of the City Council of said City at their
regular meeting held on the lyth day of July , 19 32 .
WITNESS my hand and seal of the said City of Huntington Beach this the 20th
day of ,ti�l� 19 82
Alicia M. Wentworth
City Clerk and ex-of icio C erk
of the City Council of the City
of Huntington Beach, California
BY eel,, 0, r/
Deputy
12/78