HomeMy WebLinkAbout1995-08-23 - Easement CHRISTESON, CROUCH, WISE ""
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Recorded in the County o*ange, California
Clerk/RecorderGary L. Granville,
IIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIlIIIIII!{IIIII1{14III1IIIIfIJill IYf
REcoRDINGREQUESTEDBY CITY OF HUNTINGTON BEACH 005 26000425 26 15 19950509141 10: 16am 11/16/95
And when recorded mail to 001 6 7.00 15.00 e.ee 0.00 0.00 18.00
City Clerk
City of Huntington Beach
P.O.Box 190
Huntington Beach,California 92648
Space above this line for Recorder's use
IRREVOCABLE OFFER OF DEDICATION-STREET EASEMENT
The undersigned,being the present owner of record of the herein described parcel of land,do hereby make an irrevocable offer of dedication
to the public and to the CITY of HUNTINGTON BEACH and its successors or assigns, an easement for street and public utility purposes,
over the real property situated in the CITY of HUNTINGTON BEACH, State of California. described in Exhibit"A (written description)
and shown on Exhibit"B"(plat map)attached hereto. 4�
It is understood and agreed that the CITY of HUNTINGTON BEACH and its successors or assigns shall incur no liability with respect to �
such offer of dedication,and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until I(
such offer has been accepted by appropriate action of the City Council. 'G
In the event the CITY of HUNTINGTON BEACH, or its successors and assigns, on behalf of the public, should determine that the use of
said property or any portion thereof is no longer needed,the rights herein given shall terminate as to those portions not needed and revert to
the undersigned owner or its successors or assigns.
The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the
respective parties hereto.
bttAil
z, , Aw AV,
991:;d� —
SI AT[ RE OF DECLARANT OR AG Ma-FIRM NAME
The "offer" shall be in effect for a period of ten(10)years from the date of execution of the "offer". If the "offer"is
accepted by the City, on-site modifications,including parking and landscaping, will not be required by this proposed
development. In addition,the reduced landscape planter of this proposed development along Goldenwest Street as a result of
the "offer" improvements will be acceptable in size and the area of the "offer"will be considered landscape area for
compliance with the Code for any future development on the site.Any future structures(buildings,canopies,pump islands,
etc.)must co y with the setback requir ents as measured from the ultimate right-of-way line after the "offer" is
accepted. m
Tax-
Exempt-
Government Agency
'CITY OF HUNTINGTON
BEACH
Connie Brockway, CMc
City,Clert
By:
Deputy City Clerk This document is solely for the
official business of the City
State of of Huntington Beach, as contem—
plated under Government Code �.
County of ( Sec. 6Y03 and should be recorded
free of charge. CAPACITY C D BY SIGNER
INDIVIDU
On before 0 � TITLE(S)
me, ❑ CORPORATE
DATE NAME,TITLE OF OFFICER-E.G."JANE OE,NOTARY PU C OFFICER(S)R(S)
personally appeared 0 ' f� ❑PART NER(S) ❑LIM TED
❑personally known to me-OR- proi-0.to me on the hasis of satisfactory evidence ❑ GENERAL
to be the person(s)whose name(s)is/are L3 AT T 0R74E i-I`N-FACT
❑TRUSTEE(S)
subscribed to the within instrument and ❑ GUARDIAN/CONSERVATOR
acknowledged to me that he/she/they ❑OTHER:
executed the same in his/her/their
SUMN L CAINE authorized capacity(ies),and that by
.e COMM.#991561 his/her/their signature(s)on the instrument
t rria
ORANGE COL the person(s),or the entity upon behalf of SIGNER IS REPRESENTING:
My Comm.Ekes AUG 6,1997 which the person(s)acted,executed the NAME OF PERSON(S)OR ENTITY(IES)
instrument.
Witness y hand and official seal.
—SIGNATURA1017 NOTARY
or
EXHIBIT "A"
ROAD EASEMENT
BEING A PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 5
SOUTH, RANGE 11 WEST, IN THE RANCHO LA BOLSA CHICA,
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF
RECORDED IN BOOK 51, PAGE 13, MISCELLANEOUS MAP,
RECORDS OF SAID ORANGE COUNTY,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION
22; THENCE NORTH 0° 21' 46" EAST ALONG THE EASTERLY
LINE OF SAID SECTION TO A POINT IN A LINE WHICH IS
PARALLEL WITH AND DISTANT NORTHERLY 210.00 FEET
MEASURED ALONG THE EASTERLY LINE OF SAID SECTION
FROM THE SOUTHERLY LINE THEREOF; THENCE NORTH 890
26' 04" WEST ALONG SAID LINE 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE PARALLEL TO SAID
EASTERLY LINE SOUTH 00 21'46" WEST 119.89 FEET TO THE
BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; THENCE SOUTHERLY,
SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 900 12' 10" A
DISTANCE OF 47.23 FEET; THENCE TANGENT TO SAID
CURVE NORTH 890 26' 04" WEST 12.01 FEET TO A POINT OF
CUSP WITH A 32.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY
AND NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 12'10" A DISTANCE OF
50.38 FEET; THENCE TANGENT TO SAID CURVE NORTH 00
21'46" EAST 117.85 FEET TO A POINT IN SAID LINE BEING
PARALLEL WITH AND 210.00 FEET NORTHERLY OF THE
SOUTHERLY LINE OF SAID SECTION; THENCE ALONG SAID
LINE SOUTH 890 26' 04" EAST 10.00 FEET TO THE TRUE POINT
OF BEGINNING.
AREA: 1525.68 SQ. FT. G
G(p
N89'26'04'W 119.89' T.P.O.B.
10.00' S0.00'
N
LINE USED DETERMINE
ZONING CONFORMANCE I
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ID o W co
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S O D ID
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IF-T47FT7F-T
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LiN I W
VICINITY MAP
NOT TO SCALE W w
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c0 ~
Z N
A=90'12'iD" I I o
R=32.00' 11 I z
L=50.38' �II
J
12.01'
7�
�=90'12'10"
N '26'04"W 119.89'89 R=30.00'
L=47.23'
ROAD EASEMENT REC. 11/20/63
IN BOOK 6813 PAGE 181 O.R.
WARNER AVENUE
P.O.B.
TITLE LINE
(E— — —
0 30 60
GRAPHIC SCALE: 1" = 30' p
EARTH SYSTEMS ENGINEERING GROUP EXHIBIT "�''
Numm-
2W Vb�e d Avenue 8 _ 1442 E Llnaoh Avenue,449 876 Zt-Llne Road
Eewndafo.Ca.9202� Orange.C..92665 Tracy.Ca.95376
(6,g,738_BBOO �7,4,283_54�8 (BOB)584-JE45 UNOCAL STATION NO. 5194
ant snBkrixru,cEu,Ecwnov.pMRaeILNfAt ENcixma+c•cEmncy•cmlEcuxxx RE1.+munBN•9Ecanlaucna+WUYLENExr
DATE: 6-30-95 DWG. No.: 940212E 16971 GOLDEN WEST STREET
JOB No.:94-0212 REVIEWED BY: SRH HUNTINGTON BEACH, CALIFORNIA
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT •
State of California
County of Orange
On August 22, 1995 before me, Manny P. Maliwanag
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Bonnie Eva Christeson ,
Name(s)of Signer(s)
❑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),
MMNY P ANWAW or the entity upon behalf of which the person(s) acted,
Com�,ygg1067 executed the instrument.
' NOTARY PUBLIC•QU.FORMA
UyQmfm:Elmire2O221.1"6•j WITNESS my hand and official seal.
Signature Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
, fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual hb
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
ElGuardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827
STATE OF UTAH
COUNTY OF SALT LAKE
ON AUGUST 24, 1995, BEFORE ME, DIANE K. CLARKIN, PERSONALLY APPEARED
WILLIAM LEONARD WISE AND MARGARET RAE WISE, PERSONALLY KNOWN TO
ME WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR
AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE
INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE
PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL,
wo am
NOTARY PUBLIC
t 0ne Dank
-- -- -- -- ---- Sanay,J,ah a4O94 i
--- - ' n c mmission Expires
STATE OF UTAH
!
SIGNATURE OF NOTARY PUBLIC y
,,.
;,"je CITY OF HUNTINGTON BEACH
Lj2000 MAIN STREET CALIFORNIA 92648
HUNTINGTON BEACH CITY HISTORIAN
Alicia M.Wentworth
Retired City Clerk
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the deed dated
August 23, 1995 from Bonnie Eva Christeson, Betty Crouch, William
Leonard Wise, and Margaret Rae Wise 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: November 9, 1995
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CIVIC
CITY CLERK
By: / x,
Deputy City Clerk
g:\followup\deedcert
Telephone: 714-536-5404
714-842-9825
Or Imp""M
`r.`ITV CW HUMING1111"C"60111 "
INTER-DEPARTMENT COMMUNICATION
MUNUW.TON BEACH
To: CONNIE BROCKWAY, City Clerk
From: GAIL HUTTON, City Attorney
Date: October 19, 1995
Subject: IRREVOCABLE OFFER OF DEDICATION; RLS#95418
As we understand the facts, the Public Works Department has requestedViat you record a
document entitled "Irrevocable Offer of Dedication-Street Eaisein nt.„ You have,aslod for
clarification of the language in the document that references acceptance by the City Council.
The Council has taken no action regarding the document.
The document at issue is an Irrevocable Offer to Dedicate, not a deed or an Instrument
providing for the actual dedication of property. It was drafted as a result of a compromise
between the property owner and the staff. The staff had originally racommertdoti,,as a
condition} of the CUP, that the property owner dodkete some property for use as a right turn
pocket on the corner of Goldenwest and Warner. The property owner objected to this
condition,believing that there was insufficient nexus(betweeri the proposed condition and
project at issue)to support the dedication requirement.
The staff and the owner compromised by agreeing to a condition which required the ` -to
offer to dedicate the property to the City for a period of ten years. If, during the rad tign yews,
the staff believes that the traffic situation in the area requires the installation of the right turn
pocket, the staff will present the dedication offer to the City Council for acceptance and build
the right turn pocket. If the offer is not accepted in Me next ten years, it expires.
This situation is somewhat analogous to an option. An option is an offer to sellproperty to a
specific person for a specific price, during a certain definite time period. N that property hes not
been purchased before the expiration of the time period, the offer to sell is automaticaly
revoked.
At this time, the staff is not willing to recommend that the City Council accept the offer. The
document still needs to be recorded, however, because the public must be put or i notice t
the property is encumbered by the offer to dedicate in favor of the City. Naturally, if the staff
desires to build the right tun pocket at some paint in the future, the offer must be preser0d to
the City Council for formal acceptance.
I hope this memo has sufficiently clarified the language in the document. If not, p coritact-
me as soon as possible with any further questions.
GAIL HUTTON, City Attorney
cc: Les Jones, Director of Public Works
Melanie Fallon, Director of Community Development