HomeMy WebLinkAbout1989-05-09 - Easement CALIFORNIA, STATE OF 89z 294630
r• _! Recording requejd by: City of Huntington Beaci& EXE P
Y
After recording return to: Office of the City Clerk C 4
2000 Main Street
1 Huntington Beach, CA 92648
2 RECORDED IN OFFICIAL RECORDS
3 OF ORANGE COUNTY,CALIFORNIA
4 AM 0 J U N 5 1989
5 04 62 5'�464(RECORDER
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7
Space above for Recorder's Use
8 TR 88 152-E
g AGREEMENT AND GRANT OF EASEMENT
10
+ PR 95 BOLSA CHICA STATE BEACH
11
12 THIS AGREEMENT, made and entered into this ninth day of
13 r'1d , 101, by and between the STATE OF CALIFORNIA, acting through its
14 Department of Parks and Recreation, hereinafter called "STATE", and the CITY
15 OF HUNTINGTON BEACH, hereinafter called "GRANTEE";
16
17 W I TNESSETH:
18
19 That STATE, pursuant to the provisions of Section 5012 of the Public
20 Resources Code, does hereby grant unto GRANTEE an easement to construct,
21 reconstruct, install , inspect, maintain, replace, and use, an underground
22 storm drain pipeline and appurtenances within a portion of Bolsa Chica State
y 9 23
Beach in the Count of Orange, State of California, as described on Exhibit
24 "A" attached hereto and made a part hereof.
25
26 This grant is made and accepted upon the following terms and
27 conditions: This document is solely for the Tax-Exempt-Government Agency
Official business of the City 'CITY OF HUNTINGTON BEACH
COURT PAPER of Huntington Beach, as contem— Connie Brockway, CMC
STATE OF CALIFORNIA plated under City Clerk
STD. 113 (REV. 8-72) Go�rern�aent Code
Sec. 6103 and should be recorded By` ' $c;7m -�
85 34769 free of charge. DepuV City Clerk
89=294630
1 1. This Grant is subject to all valid and existing contracts, leases,
2 licenses, encumbrances, and claims of .title which may affect said property,
3 and the use of the word "Grant" herein shall not be construed as a covenant
4 against the existence of any thereof.
5
6 2. GRANTEE waives all claims and recourse against the STATE for loss or
7 damage to persons or property arising from, growing out of, or in any way
8 connected with or incident to this agreement. GRANTEE agrees to indemnify,
9 save harmless, and defend the STATE, its officers, agents, and employees,
10 against any and all claims, demands, or causes of action that may be brought
11 against the STATE, its officers, agents, and employees, arising out of, or in
12 any way connected with or incident to the use or occupancy of said premises by
13 the GRANTEE or the exercise by GRANTEE of the rights or privileges herein
Z4 granted.
15
16 3. STATE expressly reserves the right to the use of said property in
17 any manner, provided such use does not unreasonably interfere with the use of
18 the easement herein granted.
19
20 4. STATE expressly reserves the right to require GRANTEE, at the expense
21 of STATE, to remove and relocate all improvements placed by GRANTEE within the
22 easement, upon determination by STATE that said improvements interfere with
23 the future development of STATE'S property. GRANTEE agrees that within one
24 hundred eighty (180) days after written notice from STATE of such determination
25 by STATE and demand for removal and relocation of said improvements, GRANTEE
26 shall remove and relocate said improvements to a feasible location on the
27 property of STATE, and STATE shall furnish GRANTEE with a good and sufficient
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8-72)
2
85 34769
89-Z94630
1 similar easement for said improvements in such new location, and GRANTEE
2 thereupon shall reconvey to STATE the Easement herein granted.
3
4 5. This agreement and the rights and privileges herein given GRANTEE
5 shall terminate in the event that GRANTEE shall fail for a continuous period
6 of one (1) year to utilize the rights and privileges herein granted.
7
8 6. In the event of the termination of this agreement GRANTEE shall at
9 GRANTEE'S own expense, when requesting in writing to do so by STATE remove all
10 property and equipment placed by or for GRANTEE upon the said premises and
11 restore said premises as nearly as possible to the same state and condition
12 they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE
13 shall fail so to do within sixty (60) days after the aforesaid request is
14 given, STATE may do so, all at the cost and expense of GRANTEE to be paid by
15 GRANTEE on demand.
16
17 Upon termination of the rights herein granted, GRANTEE shall execute
18 and deliver to STATE within thirty (30) days, a good and sufficient quitclaim
19 deed to the rights arising hereunder.
20
21 7, This agreement shall not, nor shall any interest therein or
22 thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE
23 whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE
24 let or sublet, or grant any licenses or permits with respect to the use and
25 occupancy of the said premises or any portion thereof, without the written
26 consent of STATE being first had and obtained.
27 ---
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV.8.72) 3
85 34769
• 89-294630
1 8. GRANTEE is further given the right to reasonable ingress to and
2 egress from the easement herein granted, provided, however, that existing
3 roads and trails shall be utilized for such purpose whenever reasonably
4 possible and further provided that if such road or trail is not avaioable,
5 GRANTEE shall secure the consent of the STATE as to the route or routes to be
6 followed for the purpose of such ingress and egress. Such right of ingress
7 and egress shall at all times be exercised in a manner which will cause the
8 least damage to the property of the STATE.
9
10 9. GRANTEE agrees to repair any erosion, damage, or nuisance water,
11 resulting from GRANTEE'S exercise of the rights granted herein, to the
12 satisfaction of the STATE.
13
14 10. Upon completion of any work to be performed by GRANTEE on said
15 easement, GRANTEE shall restore the surface of the easement to a condition
16 satisfactory to the STATE.
17
18 11. GRANTEE, in the exercise of the rights herein granted, shall at all
19 times comply with all applicable laws and lawful regulations, including such
20 rules and regulations for the State Park System now in effect or hereafter
21 adopted.
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COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8.72) p
85 34769 Y
89--294630
STATE OF CALIFORNIA )
)ss.
x COUNTY OF SACRAMENTO )
w �
On this _ day of _ '? in the year of 19r1, before me,
SUSAN P. HARRINGTON, a Notary Public in the State of California, duly
commissioned and sworn, personnally appearred Les McCargo, known to me to be
the Deputy Director of Parks and Recreation of the State of California and
acknowledged to me that he executed the within instrument in the name of and
in behalf of the State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
in said county, the day and year first written above.
INOTARY
FFICIAL SEAL
N P HARRINGTON
[0: PUBLIC-CALIFORNIA 'r
RAMENTO COUNTYm.Expires Sept.25,1990 NotAry Public
1 STATE OF CALIFORNIA )
COUNTY OF ORANdF:
On this day of 1g c��j before
me, a tart' Public in and for said County and State, personally appeared
, known to me to be the Mayor and
C ani )b , e 2-0c IC W A,y , known to me to be the City Clerk of the
City of Huntington Beach, the municipal corporation that executed the
within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same
►i.... , OFFICIAL SEAL
BETTE BARILLA
Notary Public-Calitomi8 —>
• ORANGE COUNTY
r My Corm.Exp.Jan.8.1990 Bette Bar i l l a
89=294630
1 IN WITNESS WHEREOF, the parties have executed this instrument upon
2 the date first hereinabove appearing.
3
4
5 CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
6
7
8 By XBy `"
9 City Clem
By
10 T or
APPROVED:
11 PRO D AS TO FORM:
STATE OF CALIFORNIA
12 DEPARTMENT OF GENERAL SERVICES
13INN
14
City Attorney
REVIEWED AND APPROVED: „,�B'y
15 r..
16
17 City Administrator
18 INITIATED AND APPROVED:
19
20
Directo of Public Works
21
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24
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27
COURT PAPER
SI}'ATE OF CALIFORNIA
STD. 1 13 1 REV. 8-72) 5
85 34769
89=294630
Beginning at the northeast corner of Tract 8623 as shown on a map recorded in
book 418, pages 31, 32, and 33, Miscellaneous Maps, records of Orange County,
State of California, thence south 40052'00" west 88.00 feet along the
southeasterly line of said tract to a point; thence south 7025'34" west
82.30 feet to a point; thence south 40052'00" west 31.11 feet to a point;
thence south 85052'00" west 16.70 feet to a point; thence south 4008'00"
east 167.21 feet to a point; thence south 7025'34" west 168.69 feet to a
point; thence south 82034'26" east 15.00 feet to a point; thence north
7025 '34 east 439.62 feet to a point; thence north 40052'00" east 83.49
feet to a point; thence north 40008'00" west 15.00 feet to the point of
beginning.
EXHIBIT-A
j 89=294630
! r
RESOLUTION NO . 3537
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH DESIGNATING THE CITY CLERK
AS THE PROPER PERSON TO ACCEPT DEEDS OR GRANTS
ON BEHALF OF THE CITY
WHEREAS, Resolution No . 2766 , dated June 3, 1968 , pur-
suant to Government Code Section 27281, authorized the City Ad-
ministrator and Assistant City Administrator to accept and con-
sent to deeds and grants of real property to the city for public
purposes ; and
It is desirable that this function be performed by the City
Clerk, his assistant or his deputies ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it does hereby authorize the City
Clerk or his assistant or his deputies to accept and consent
to deeds and grants of real property to the city for public pur-
poses .
Resolution No . 2766 , and any other resolution in conflict
herewith, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of August , 1972 .
Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
City CXerk City Attorney,
y 89=294630
• Res. No. 3537
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , MAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 7th
day of August 192._, by the following vote:
AYES: Councilmen:
Gibbs, Green, Matney. Duke. Bartlett
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Coen
City Clerk and officio Clerk
of the City Council of the City
of Huntington Beach, California
The foregoing instrument is a correct
copy of the original on file in this office.
Attest I .1'e' 19 i!L
--CI
City Clerk and Ex-off►ero the City
Council o Clty of Huntington Beach,
.::N.' Cat•;
By �� Deputy