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HomeMy WebLinkAbout1989-03-30 - Easement HUNTINGTON PACIFIC CORP 89--2565 ' r This document is sole or the .EXEMPT official businoss of #City C4 RECORDED IN OFFICIAL RECOf 03 of Huntington Beach, as contem- OF ORANGE COUNTY,CALIFORNIA elated under Government Code See• 6103 and should be recorded 12:00 MAY 1 5 1989 tree of charge. P.M. • Q,C/&iaC.RECOROER Recording Requested by and Documentary Transfer Tax$ when Recorded Mail to: Computed on full 'value of CITY OF HUNTINGTON BEACH property conveyed. City Clerk P.O. Box 190 Tax-Exempt-Government Agency Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH Connie Brockway, cmC Mail Statements to: Cier (� Alg tot it Same as above �` putt' City Clerk EASEMENT GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, subject to the terms herein, HUNTINGTON PACIFIC CORPORATION, a California corporation hereby grants to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual easement and right of way for public streets and utilities purposes in, on, over, under and across all that real property in the City of Huntington Beach, County of Orange, State of California, described as follows and hereafter referred to as the "Property" That portion of the southeast one-quarter (SE1/4), of the southeast one- quarter (SE1/4), of the southeast one-quarter (SE1/4), of the northeast one quarter (NE1/4) of Section 34, Township 5 South, Range 11 West in the Rancho Las Bolsas and Rancho La Bolsa Chica, as shown on the map recorded in Book 51, Page 13 of Miscellaneous Maps in the Office of the County Recorder of said County further described as follows: A strip of land 10.0 feet in width, bounded on the west by a line parallel with and 20.0 feet east, measured at right angles from the west line of said Section 34, said west line also being the centerline of Edwards Street; bounded on the south by aline parallel with and 20.0 feet north measured at right angles from the south nine of said Section 34, said south line also being the centerline of Ellis Avenue; and bounded on the north by the north line of said southeast one-quarter (SE1/4), of the southeast one-quarter (SE1/4), of the southeast one- quarter(SE1/4) of said northeast one-quarter(NE1/4). In partial consideration for the granting of this Easement,the City of Huntington Beach at its sole cost and expense, shall maintain in good condition at all times any road built on the real property which is the subject of this Easement. in addition, the City of Huntington Beach agrees to indemnify, protect, defend and hold Huntington Pacific Corporation and its affiliates and their respective officers, directors, employees, successors and -assigns, and each of them (collectively the"indemnitees"), harmless from and against all liability or claims thereof for loss of or damage to property or injury to or death of any person arising directly or indirectly out of the use of the property. As used in this Easement "affiliates" means Chevron Corporation and any company in which Chevron Corporation now 1 89-25657V 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 March 303 1989 from Huntington Pacific Corporation 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 : May 10, 1989 CITY OF HUNTINGTON BEACH • Connie Brockway City Clerk By: - 89=Z565T1. ` or hereafter owns, directly or indirectly, at least fifty percent (50%) of the shares of stock entitled to vote at a general election of directors. This indemnity shall apply whether or not any indemnitees were or is claimed to be passively or actively negligent, and regardless of the negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on one or more of the indemnitees. This indemnity shall not apply to the extent that such indemnification is void or otherwise unenforceable under applicable law in effect or validly retroactive to the date of this Easement and shall not apply where such loss, damage, injury, liability or claim is the result of the sole negligence or willful misconduct of an indemnitee and is not contributed to by an act, or by an omission to perform some duty imposed by law or contract on the City of Huntington Beach or its employees, contractors, or agents. Subject to all matters that can be ascertained by a reasonable inspection or a survey of the Property, and all matters appearing of record in the office of the Recorder of said County, including all conditions, covenants and restrictions and all exceptions and reservations. By acceptance and recordation of this deed, the City of Huntington Beach covenants for itself, its successors and assigns that the Property is acquired "AS IS" without any representations or warranties whatsoever, express or implied, and hereby releases Huntington Pacific Corporation from, any and all liability on account of the condition of the Property. In witness whereof, Huntington Pacific Corporation has executed this instrument this 30th day of March,1989. HUNTINGTON PAgF4,OCORPORATION By: ,. To FO0: T,"0 By• t Ain Y C, y ttorney r A 2 04 89-25657I STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On April 25, 1989, before me, the undersigned, a Notary Public in and for said State,personally appeared R. J. WORK and L. M. NETHERTON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the PRESIDENT and VICE PRESIDENT on behalf of HUNTINGTON PACIFIC CORPORATION, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL JACKIE J. LOPEZ , ='m Notary Public-Caiifomia ORANGE COUNTY `„ My C&m.EV.Oct.13,iM Notary Public in and fo aid State