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HomeMy WebLinkAbout1989-06-12 - Easement HUNTINGTON BEACH CO RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORN14 ... r R 69-�398069 � 4:00 Pm JUL 27 1989 o- Cl.c8.aezeZ Recorder Tax-Exempt-Government Awry 1 EXEMPT CITY OF HUNTINGTON BEACH C17 Connie Brockway, CIVIC Ci Clerk wURECORDING REQUESTED BY Rip y City Clerk CITY OF HUNTINGTON BEACH This document is solely for the And when re orEc ail to: �-%� r official business of the City REC A�NDpV fIGVU' II F` CityYClerkL TO of Huntington Beach, as conteto- City of Huntington Beach plated under Government Code Sept. 6103 and should be recorded P.O.Box 190 fee .of eharge. Huntington Beach,California 92648 Space above t�iis line for Recorder"s use (AP 024-250-69, AP 024-271-01,02,04) EASEMENT DEED rn�,_T r t 1 c��..v�M AS TO FORM:j C '} The undersigned grantor(s)declare(s): C� 2 T' u' Y Lair. Documentary transfer tax is$�, None D. uty City Attorney, ( )computed on full value of property conveyed or O computed on full value less value of liens and encumbrances remaining at time of sale. ( )Unincorporated area: (x) City of Huntington Beach,and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a California corporation, does hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual easement and right of way for water pipeline easement purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, as described in Exhibit A, attached hereto. In partial consideration for the granting of this Easement, the City of Huntington Beach at its sole cost and expense, shall install, operate and maintain in good condition at all times any water pipelines 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 Beach Company 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 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 unenforcable under applicable law in effect or validly retroactive to the date of this Easement and shall not apply where such loss, 69 '398069 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. Dated : '6 ( (' $� HUNTINGTO Z�HC PANY By: Its B Its:Q;ii STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On IQ, �'' , before �1�, e n r p� d, a Notary Public in and for said State, personally appeared :''l —and- �• +�-� personally known to me(or proved to me on the basis of satis�lactor evidence)to be the persons who executed the within instrument as Vice President and o d e n behalf of Huntington Beach Company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors_ 29 •, OFFICIAL SEAL J. LOPEZ WITNESS my hand and official seal. =4w� NotaryKIE Publi-Ca Ho nia 0 ORANGE COUNTY my Comm.Exp.Oct. 13,1990 Signatur ' (This area for official notarial seal) -�398©b9 89 EXHIBIT A WATER LINE EASEMENT An easement for water pipeline purposes 20.00 feet in width, in, under,through and across that portion of fractional Section 14,Township 6, South Range 11 West in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per map filed in Book 51, Page 14, of Miscellaneous Maps in the office of the County Recorder of said County,the centerline of which is described as follows: Beginning at a point on the center line of Lake Street that is distant thereon north 400 38' 10" East 236.52 feet from the intersection with the centerline of Walnut Avenue as said intersection is shown on Record of Survey #87-1049 filed in Book 117, Pages 21 and 22 of Record of Surveys in the Office of said County Recorder, said point being on a 500.00 foot radius curve that is concave northeasterly, a radial to said point bears south 400 03' 48" West; thence the following courses: 1. Southeasterly 46.98 feet along said curve through a central angle of 50 23' 03"; 2. South 550 19' 15" East 469.09 feet to the beginning of a 4990.00 foot radius curve that is concave northeasterly; 3. Southeasterly 352.09 feet along said curve through a central angle of 4°02' 34"; 4. South 590 21' 49" East 425.00 feet; 5. South 140 21' 49" East 52.32 feet; 6. South 51' 29' 41" East 79.22 feet to the center line of Huntington Avenue as said center line is shown on said Record of Survey. Except therefrom, those portions lying within said Lake Street and Huntington Avenue. Subject to all covenants, rights, rights-of-way and easements of Record or Apparent. All as shown on the attached Exhibit "B" attached hereto and by this reference made a part hereof. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 * DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated June 12, 1989 from Huntington Beadh 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 : 7/1.7(89 CITY OF HUNTINGTON BEACH Connie Brockway, CMC City er f By � ��LG f CITY OF HUNTINGTON BEACH La INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerk FROM: Bruce P. Crosby ell Civil Engineer Assistant SUBJECT: Easement deed No. 5103 DATE: April 30, 199g Exhibit "B" which is not attached, was the map of the legal description. Not knowing who prepared this document, it would be next to impossible to obtain Exhibit"B". I don't feel that it makes that much difference one way or the other. The legal description can always be re- plotted if necessary. } © 'T All HUNMGTON BEACH I, GT TO: Bruce Crosby,Public Works 4 FROM: Janelle Case, Deputy City Clerk DATE: April 29, 1998 SUBJECT: Easement Deed No. 5103 -APN#024-250-69-APN#024-271-02,04 Attached please find a copy of Easement Deed No. 5103. In looking closely at what was recorded it appears that`Exhibit B"was not attached or,recorded.(see highlighted area). Would you be able to determine what"Exhibit B"should have been and can this possibly be remedied. Thank You For Your Help.