HomeMy WebLinkAbout1988-05-12 - Grant MOLA DEVELOPMENT CORP. OF ORANGE COUNTY.CAUPOPMA
' -u sg PM JtNV 15,88 88-283343
_,G_ Q � this deouNeat is solely for the
Recording requested by an wcomm official business of the City
When recorded mail to: of Huntington Mach, as contesp.
CITY OF HUNTINGTON BEACH E Plated under Government Code
EXEMPT 2000 Main Street XEMPT See. 6103 sod should be recorded
Huntington Beach, CA 92648 C8 free of sharne.
Attn: City Clerk --
Space above line for recorder's use
GRANT OF EASEMENT AGREEMENT
Preamble ^„
This agreement made this �_ day of /fP? _
by and between NOLA DEVELOPMENT CORPORATION, a California
corporation, hereinafter referred to as "Grantor", and the
CITY OF HUNTINGTON BEACH, a municipal corporation of the State
of California, hereinafter referred to as "Grantee".
Recitals
WHEREAS, Grantor is the owner of certain real property
commonly known as 1200 Pacific Coast Highwey, City Of
Huntington Beach, County of Orange, State of California,
hereinafter referred to as the "Servient Tenement" and
described as follows:
Lots 1 through 22 inclusive, Block 112
of Huntington Beach Tract in the City
of Hune,ngten Beach as per map recorded
in Book 3, Page 36 of miscellaneous maps,
Records of Orange County, State of
California;
and
Grantee desires to acquire certain rights in the Servient
Tenement;
NOW, THEREFOR3, it is agreed as follows:
1. Grant of Easement. In consideration of Grantee
allowing Crantor to construct its property in a manner which
allows its driveway to slope downward into its parking
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structure which is below the grade of the adjacent streets and
public right of way, thereby causing water to flow from said
adjacent streets and public right of way onto its property,
Grantor agrees to accept such water flow and channel it into
the storm drain system of its Tract 12238 grants.
2. Description of Easement. The perpetual easement
granted herein to the Grantee is for the discharge of water
from the adjacent streets and right of way of the Grantee to
the entire property of the Grantor.
3. Location. The easement granted is located as follows:
Lots 1 through 22 inclusive of Block 112
of Huntington Beach Tract in the City
of Huntington Beach, as per map recorded
in Book 3, Page 36 of miscellaneous maps,
Records of Orange County, State of California
4. Indemnification, Defense, Hold Harmless. The then
owner of the property, whether Grantor herein, or its heirs,
personal representatives, successors and assigns, hereby
agrees to protect, defend, indemnify and hold and save
harmless Grantee, its officers, and employees against any and
all liability, cla--, judgments, costs and demands, however
caused, including those resulting from death or injury and
damage to property, arising directly or indirectly out of the
obligations herein undertaken by Grantor, or out of the
oerations conducted by Grantor, including those arising from
the passive concurrent negligence of Grantee, but save and
except those which arise out of the active concurrent
negligence, sole negligence, or the willful misconduct of
Grantee. Grantor herein, or itr, heirs, personal
representatives, successors and assigns, will conduct all
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defense at its sole cost and expense. Any costs of defense or
attorney's fees incurred by Grantee in enforcing this
obligation will be reimbursed to Grantee by Grantor herein, or
Its heirs, personal representatives, successors and assigns,
or may be awarded to Grantee by a court of competent
jurisdiction as costs pursuant to California Code of Civil
Procedure 51021.
5. Entire Agreement. This instrument contains the
entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument
shall be of no force and effect excepting a subsequent
modification in writing, signed by all parties.
6. Attorney's Fees. In the event of any controversy,
claim, or dispute relating to this instrument or the breach
thereof, the prevailing party shall be entitled to recover
from the losing party reasonable expenses, att.orney's fees,
and costs.
7. Binding 7`fect. This intrument shall bind and inure
to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.
PAGE END
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have exeuuted this
instrument the day and year first above written.
Grantor-r- Grantee:
MOLA D V LOPM CORPORATION, CITY OF HUNTINGTON BEACH
a Cal fo is o poration a municipal corporation of the
State of California
By:
Franc of , President
By: '4a- Z""'1-6011
lyel,er Von Elton, Executive 2:/VED
Assistant Vice President
ATTEST: AS TO FORM:
/'�-Z'--. ta X"—"/-"
1 -�+
City Clerk i Attorney
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On May 12, 1988 before me, the undersigned,
a Notary Public in and for said State, personally appeared
Frank J. Mola and Peter Von Elton personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as President and
Executive Assistant Vice President on behalf of Mola
Construction Company, the corporation therein named, and
acknowldge to me that such corporation executed the within
instrument purz—nt to its bylaws or a resolution of its board
of directors.
WIT j SS my hand and official seal.
L'tx / OFFIC ALSEAL
Noy*�ar Public - SHIRLEY MYERS
T y NOTARY PI IBLIC.CALWORNIA
PRINCIPAL OFFICE IN
' I ORANGE COUNTY
be Mr Commission Ex,July 12.1991
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