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HomeMy WebLinkAbout1994-08-11 - Easement HUNTINGTON LANDMARK SENIOR ADULT COMMUN f 4 NR" PLEASE COMPLETE THIS INFOVION r � RECORDING REQUESTED BY: O � -070 1 3 07--LEG-1994 08:27 AM Recorded in 4fficiai Records AND WHEN REC RDED AIL TO: of Orange County, Califurria Lae A. Branch, County Recorder 'age 1 of 7 Fees: O.00 Tax: 0.00 a 01 o- THIS SPACE FOR RECORDER'S USE ONLY y^ TITLE: 1 ®C'P ® f a T'l C3 /J Ease rn QA 'b2 -v— i i i THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 11/92 �RAQ BY REQUESTED B t.� _"' •'CITY OF HUNTINGTON BEACH c't .Gl Im � Kf� f/�f �� tr-,��'..4:..1�✓� 1� �..�, SSS And when recorded mail to City Clerk City of Huntington Beach R O.Box 190 Huntington Beach,California 92648 Space above this line for Recorder's use AP #151-571-01 (a porti )CORPORATION EASEMENT DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, HUNTINGTON LANDMARF, SENIOR ADULT C( UNITY ASSOCIATION, a California corporation do hereby GRANT to the CITY OF HUNTINGTON BEACH,a,municipal corporation,a perpetual easement mid right of way for right=of-way signal purposes in, on, over, under and across all that'real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califronia, described as follows: Legal Description as shown, on Exhibit "A" and "B" attached hereto and made a' part hereof, APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deputy City Attorney Tax-Exempt-Government Agency CITY. OF HUNTINGTON BEACH Connie Brockway, CMC City Clerk Deputy City Clerk ff This document is solely for the official business of the City of Huntington Beach, as contem- plated under Goverment Code See. 6103 and should be recorded free of charge. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and,this instrument to be executed by its President and Secretary thereunto duly authorized. Dated: Aj Q a it r l 1q SPATE OF CALIFORNIA SS. BY President COUNTY OF�4p- 6, .- On r G r uLh before me,the under- signed, a Notary Public in and for said State, personally appeared Secretary r g &D J-1 o1. n �e�s � .� Ly L,A # ,� ---known HUN`I'1:NGTC)N, .LANDMARK SEN:iOR tiDUT`i' tome(or proved to me on the basis of satisfactory evidence)to be the COMMUNITY ASSOCIATION, A CA. CC.RP President,and known to me to be Secretary of the Corporation that executed the within Instrument, known to me to be the persona who executed the within Instrument on irs—T beha lf i of the Corporation therein named a po , nd,acknowledged to me that 08 such Corporation executed the within Instrument pursuant to its by-laws P CALiFopplA or a resolution of its boar f directors. aI11aL MINTY (� WITNESS my h n icia) 4tieAt� tS 18Y7 r Signature C' R10t_ 'Name(Typed or Printed) (This area for official notarial seal) • • EXHIBIT "A" • �®LAND S� ZO 0T N. 89.38 45`E 30 S. O°2%15'E 40.00' 3200' Z � No.6196 cn� Exp.3-3/--98 PT1l ILC T, HO a O A=53 0748" SCALE 1"=50' R=40.00' nn b L=37.09' ITT E d r� U / SOUTNEAST CORNEP 3 LOTI N 56.00' TP.O.B. 589°38 45"W. 610.00' P.O.B. A TLANTA cv A VE Q 6 QW z 940000 EXl--IIBI l 7A r/ w �VPA TR 'I�,IC ENGINEERING, INC. NS°PRs° ��2 PLA T TO ACCOMPANY I A TRAFFIC AND TRANSPORTATION ENGINEERING LEGAL DESCRIPTION FOR 660 LAND 0Kr,9R. 5UME 222 /VUERTON. CA.92"1 (.774J 671-29.71 w No. 16828 m TRAFFIC SIGNAL INSTALLATION, EXP. 6/30/97 OPERATION, MODIFICATION, )F o�?P MAINTENANCE EASEMENT M£STCW S PR/N d7 / RCE 1662E DATE �F cAIF APPROVED DATE. /$ � CITY OF HUNTINGTON BEACHAL �J. �k! J. Ax=L- DEPARTMENT OF PUBLIC WORKSela T IC ENGINEER LS 6196 STANDARD PLAN LEGAL DESCRIPTION FOR NUMBER REVISION DATE; LOT A" TRACT NO. 7341 • EXHIBIT "B" LEGAL DESCRIPTION That portion of Lot A, in the City of Huntington Beach, County of Orange, State of California, as shown on a map of Tract 7341, recorded in Book 301, Pages 22 through 24 of Miscellaneous Maps, Records of said County, more particularly described as follows: Commencing at the Southeast corner of Lot 1 of said Tract 7341; thence Westerly along the Northerly line of Atlanta Avenue from a 2 inch iron pipe South 89 degrees 38145" West 610. 00 feet to a point of intersection with the Westerly line of Lot A, as shown on said maps, said point also being the TRUE POINT OF BEGINNING; thence leaving said Northerly line along a non-tangent curve, concave Westerly, having a radius of 40. 00 feet, a radial line through said point bears North 37 degrees 1312711 West, an arc length of 37. 09 feet to a point on a tangent line, said tangent line being perpendicular to the Northerly line of Atlanta Avenue; thence leaving said Westerly line North 89 degrees 38145" East 40. 00 feet; thence South 0 degrees 21115" East 32 .00 feet; to a point on said Northerly line of Atlanta Avenue; thence Westerly along said Northerly line South 89 degrees 38145" West 56. 00 feet to the TRUE POINT OF BEGINNING. This parcel contains 1434 square feet, 0.0329 acres, more or less. The attached plat marked Exhibit "A" is hereby made a part of this description by reference thereto. CITY OF HUNTINGTON BEACH JLj' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated August 11, 1994 from Huntington Landmark Senior Adult Community Association, a California corporation to he CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, a municip I 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 authorit conferred by Resolution No. 3537 of the City Council of the City of Huntingto Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: September 27, 1994 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITY CLERK By: 1' Deputy City Clerk (Telephone:714-536-5227) ' � AMERI VZ� O } STATE OF CALIFORNIA }ss. COUNTY OF 4 } On i %l , before me, personally appeared JI'Le r4 0rM4") ! 944 e L �— ... personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand d official se I. Signature r U ate 0, cam. Prc wtv -cAu ;zl cow 110"M*it it 1"? 16 (This area for official notarial seal) Title of Document Date of Document- jf, l y q�i No. of Pages a Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company SIVSSCRIBING-WITNESS C&IFICATE ("WITNESS JURAT") o No.5908 State of County of L' On this the���_day of A L),--,v5 19-!Z!-/ , before me, the undersigned Notary Public, personally appeared_Nj,e Ca i/lo_�reLo �-AA1 �_rwea L2dL , NAME OF SUBSCRIBING WITNESS 2/personally known to me - OR - ❑ proved to me on the oath/affirmation of /t/4 , who is personally known to me, NAME OF PERSON(CREDIBLE WITNESS)WHO IDENTIFIES SUBSCRIBING WITNESS to be the person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that l (he/she) was present and saw f w, ow^ r aters �an. soa , - NAME OF ABSENT PRINCIPAL SIGNER the same person described in and whose name is subscribed to the within and annexed instrument as a party thereto, execute the same, and that said affiant subscribed (his/her) name to the within instrument as a witness at the request of AME RINCIPAL SIGNER GAI SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT ABSENT SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 PRO pERTY CITY OF HUNTINGTON BEACH SEP 2 6 199 - INTER-DEPARTMENT COMMUNICATION - 1It 4 HUNTINGTON BEACH -- -- `: MANAGEMENT - BY MESSENGER To: ROBERT FRANZ, Director of Administrative Services From: GAIL HUTTON, City Attorney Date: September 26, 1994 - Subject: EASEMENT DEEDS FOR MAGNOLIA AVENUE AND LANDMARK TRAFFIC LIGHTS ON ATLANTA AVENUE QUESTION: DO WE NEED TO RETURN TO THE CITY COUNCIL WITH AN RCA BEFORE ACCEPTANCE OF THE EASEMENT DEEDS BY THE CITY CLERK? ANSWER: NO. The above captioned deeds relate to a contract that the City Council awarded on July 25, 1994 pursuant to Section 614 of the City Charter relating to "Urgent Necessity" public works projects to preserve life, health and property. We are advised that the lights are ready to accept, as of September 26, 1994. It would frustrate the purpose of the "Urgent Necessity" provisions in the Charter if we now required an RCA to accept the easements. Therefore, the acceptance of the easements would be deemed a necessary and proper implied authority when the Council authorized the Urgent Necessity contract on July 25, 1994. CONCLUSION: When the Council votes to invoke the "Urgent Necessity" provision of the Charter to award a contract to preserve life, health and property, it is not necessary to return to Council to accept an easement deed if such act would further delay the acceptance of the work. 4--1,�_ 41_z�— - GAIL HUTTON, City Attorney cc: Connie Brockway, City Clerk Michael Uberuaga, City Administrator Ray Silver, Assistant City Administrator Jim Otterson, Traffic Engineer Paul Larkin, Real Estate Agent Dan Brennan, Director of Real Estate Services