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Home My WebLink About2006-09-13 - Easement Lester C Smull, Trustee of the Lester C. and Jimmy L. Smull Family Trust Recorded in Official Records, Orange ge County Tom Daly, Clerk-Recorder IIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO RECORDING REQUESTED BY FEE AND WHEN RECORDED RETURN TO:; 200700022120101:36pm 04/05/07 212 182 E01 7 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach 2000 Main Street ) Huntington Beach,CA 92648 ) [Space above this line for Recorder's use.] �oN,^ This document exempt from / l SU( recording fees pursuant rsuant to (� Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of�rwhic�hS'iis�hereby �acknowledged Lester C. smull, Trustee of the Lester C. Antea �ele n'Aher"CiICAN l6 "f 6eby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California, (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A(attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. agree/citywide/specil utility easement Grantor retains the right to use the surface areas and the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as Grantor shall deem proper. Grantor may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at Grantor's expense. In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions without prior written approval from the CITY. There shall also be no less than 20 feet of clear vertical space immediately above the surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhand into the easement ground area. The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a minimum of inconvenience or hardship. CITY accepts the easement and,right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement,CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas.and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of Grantor; (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Hold Grantor and other users of the easements harmless against all claims, liabilities or expenses,including costs and attorneys' fees, arising from CITY's use of such area. P� agree/citywide/specil utility easement 2 `� In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. IN WITNESS WHEREOF,this Special Utility Easement has been executed by the Grantor herein this /3"' day of 200 ek;,. ILeer O CITY OF HUNTINGTON BEACH, a municipal co on o e State of Cali rnia C. Smull. Trustee print name Director of Public Works ITS: ATTEST: k By:_ City Clerk (puRYuj TOREsoLU770NNo.2003-29) p' name ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer 0 '. U > City Attomey REVIEWED AND APPROVED: O City Administrator agree/citywiWspecil utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On January 26, 2007 before me, Dana A- Davis, Notary Ohl i c Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Lester C. Srnull Name(s)of Signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s�, whose nameN(MY&r-9_ subscribed to the wjt�qhAi instrument and .�► acknowledged to me thc* sWeEt executed L*CCAt�A a DAVIS the same in /weir authorized C.o�li�n# 17W)75 capacity, an that by 6)MItlfM �Y ftAft-Co1ffoO signatureNon the instrument the perso or Oranp COW* the entity upon behalf of which the person drrtn FNovl9'ZOl l acted, executed the instrument. m d i 'a al. g Nota' lic PTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Srpei ral Utility Easment Agreement Document Date: SPtDtPmYer 13, 2006 Number of Pages: 5 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Tester C'._ SmiA 1 , Trnmtee ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact XX Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Smull Family Trust 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ,(�L !G, On Y7�Ca t-�// before me, �" �7�=�� Dat Name a�Titllee of Officer(e.g.,"Jane Doe,Notary ublic'")/ personally appeared CJ�i!' �cdZ(6)61 V N (s of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)--is/are subscribed P.I ALBERS to the within instrument and acknowledged to me that Commission*1600482 he4hei they executed the same in h+s7�/their -s Notary PubBc-Coutornio authorized capacity(ies), and that by hieA r/their Oran*COMM. gecouroy Expires Aug 12,Z009 signature(s) on the instrument the person(s), or the E entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above /?R/et".40 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form �to another document. Description of Attached cumegt ��`y��l Title or Type of Docuume,.nt: / &j-e�e Document Date: �U /3r ��P Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) C ai ed by Sign r(s) Signer's Name: f -�- Signer's Name: L • `�� ❑ Individual l ,/� ❑ Individual Corporate Officer—Title(s): 0J r G ,Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact ' p Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signe�ls Rep esenting: Si ner Is Rep senting: n 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-B00-876-6827 EXHIBIT "A" A PORTION OF LAND LYING WITHIN PARCEL 2, AS SHOWN ON PARCEL MAP RECORDED IN BOOK 50, PAGE 27 OF PARCEL MAPS, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID PORTION OF LAND MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 00' 35' 49" EAST ALONG THE EASTERLY LINE OF SAID PARCEL 2, A DISTANCE OF 42.00 FEET; THENCE SOUTH 890 31' 53" WEST, A DISTANCE OF 16.00 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, DESCRIBED AS PARCEL `A' BY DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED IN BOOK 11227, PAGE 606, AUGUST 20, 1974 IN THE SAID CITY OF HUNTINGTON BEACH, SAID COUNTY OF ORANGE, SAID STATE OF CALIFORNIA, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 31' 53" WEST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 000 35' 49" EAST, A DISTANCE OF 8.00 FEET; THENCE NORTH 89' 31', 53" EAST, A DISTANCE OF 14.00 FEET TO SAID WESTERLY LINE OF SAID PARCEL `A' ; THENCE NORTH 00' 35' 49" WEST ALONG SAID WESTERLY LINE OF SAID PARCEL `A', A DISTANCE OF 8.00 FEET TO THE TRUE POINT OF BEGINNING. SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 112 SQUARE FEET (0.003 ACRES) MORE OF LESS. Vp,ND S�q�' F{- o```��P 09 -�j `s ExP 1 CS 566Z qrF OF CPL�F Q:yMAlN\S;ct'Curs-5625i5625La gal.dt c ADAMS AVENUE N.W. COR. P.O.B. TRACT NO. 4284 ko � NORTHEAST CORNER I N89'31'53"E 646.32' R/W PARCEL 2 �T I I R = 30.00' P.O.B.( I I S00'35'49"E 42.00' Imo PARCEL 1 no I 50' o WESTERLY LINE OF A 10.00 FOOT I I SEE DETAIL "A" z STRIP KNOWN AS PARCEL 'A' _J PARCEL 2 BOOK 11227, PAGE 606 I— --J W — — W N 89'31'53"E N 160.00' PARCEL MAP BOOK 50, PAGE 27 Q J n Z I LINE DIRECTION DISTANCE L1 S89'31'53"W 16.00' �,pND SpR M L2 S89'31'53"W 14.00' // i T.P' Fpcc� a O L3 S00'35'49"E 8.00' L2 L1 �V U '�` 9 L4 N89'31'53"E 14.00' L3 �� L5 I g L5 NOO'35'49"W 8.00' L4 \ I I DETAIL "A" T LS 5662 '-----SCALE: 1"=20 �TF OF CA��FO N89'31'53"E 676.40' SCALE: 1" = 100' LEGEND: SHEET 2 OF 2 ® WATER EASEMENT LANDS AS DESCRIBED IN EASEMENT 9122 ADAMS JN. 5625 EXHIBIT »B»