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Home My WebLink About1996-01-31 - Easement HB Cambria Partners 04/27/2005 14:56 71483ii75 OC CLERK RECORDER PAGE 02 .: tiar�sr► xrm cour,LY of or � �� o c1�rk/ c�ar'i�arRta Fie MEN RECORDED, M&IL TO: 0#4 12000720 12 22�� 14112196 RICHARC}S, WATSON & GEFtSHON 0.00 0.00 e.Ae T�811 Attorneys at Law 333 South Hope Street, 38th Floor Los Angeles CA 90071-1469 Attn: Mark L. Lamken µ� .5583,E �i This Document is Exempt from payment1 of Recording Fees (Government Code §6103) and Documentary Transfer Tax (Revenue & Taxation Code §11922) �N A.P .N. 023-231-21 or FOR VALUARIA CONSIDRRATION, receipt of which is acknowledged hereby BS CAMBRIA PARTNERS L.P . , a California limited partnership hereby GRAKTS TO THE CITY OF Z=T%XQT0V BEACH a municipal corporation a non-exclusive easement in gross for surface flows of storm and runoff water, ingress and egress and maintenance of water flow facilities and, at the option of Grantee, for the maintenance and repair of landscaping, irrigation systems and other improvements, over that certain real property in the City of Huntington Beach, County of orange, State of California, described as : The westerly 16.00 feet of Lot 47 of Tract 6904 as per Map thereof recorded in Book 270, Pages 23 through 29, incltasive, of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. Subject to: 04/27/2005 14:56 71483Jj75 OC CLERK RECWR PAGE 03 1 . Covenants, conditions, restriction$, reservations and easements of record. 2 . Real estate taxes and assessments a lien not yet payable. This easement is granted on condition that, and by acceptance hereof, Grantee covenants and agrees for itself, its successors and assigns, that: a . No structure of any kind shall be installed within the easement area nor shall any equipment or materials (including, without limitation, soil, trashx plant materials, boats, vehicles or temporary structures) be stored or be permitted to accumulate, temporarily or permanently, within the easement area. b. Grantee, its successors and assigns, shall utilize the easement granted herein in a manner which will not unreasonably interfere with the use of the servient tenement by Grantor, its successors and assigns. c. Grantor reserves the right (but shall not be obligated) to enter onto the easement area, or any part thereof, for the purposes of maintaining landscaping and irrigation system thereon as they existed at the date of recordation hereof and for the repair and/or maintenance of any of the improvements existing on the easement area, or any part thereof. d. Grantor reserves the right to assign, by easement deed or other instrument, the rights reserved under paragraph c. immediately hereinabove, in whole or in part, to the owners of Lot 48 of Tract 6904, their successors and assigns, as an interest appurtenant to said Lot 48, such assign rights to be non-exclusive. Any such assignment or grant shall reserve to Grantor or to Grantor's successor in interest to Lot 47 of Tract 6904, the right to terminate such assignment or giant and to vest themselves with the right to undertake maintenance of such areas in the event that the grantee or assignee fails to properly maintain the easement or any portion thereof which was subject to such grant or assignment and such failure continues for a period of sixty (60) days after written notice thereof has been given to the grantee or its successor in interest to Lot 48 by Grantor or its successor in interest to Lot 47. e. Grantee shall indemnify, hold harmless and defend Grantor, its constituent partners, the shareholders, officers, employees, agents of each of them, and Grantor's successors in interest and assigns, and each of them, from and against any and all loss, obligation or liability for injuries to person or property arising out of or in 64127/2805 14:56 71483j575 OC CLERK RECER PAGE 04 connection with Grantee's exercise and use of the rights granted hereunder, excepting only loss, obligation or liability for damage to person or property caused by the sole negligence or wilful misconduct of Grantor or its successors in interest . Dated: 1996. HB CAMBRIA PARTNERS L .P. a California limited partnership, By! New Rosebu a califo is poration, General ar By ItIr STATE OF CALIFORNIA )ss COUNTY OF LOS ANGELES On R*W N , 1 pr before me, Notary Pub -, personally appeared 1,7 en personally known to me ( oza e a } to be the person(s) whose name (s) &are subscribed to the within instrument and acknowledged to me that she/they executed the same in 1 /her/their authorized N-09pacities? and that by0/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 and official seal, [Seal] Signature of P WOMMMM (81 1 -04/27/2005 14:56 7148342575 OC CLERK RECr PAGE 05 J CITY OF HUNTINGTON BEACH MM MAIN STREET CALIFORNIA 92048 OFFICE OF THE CITY CLERK CONNIE ISHOMAY CRY Ct.EAK DEED CERTIFICAMN, This is to certify that the Interest in teal property conveyed by the deed dated January 31, 1995 from HS CAMBRIA PARTNERS L.P.,to the CITY OF HUNTINGTON BEACH, a municipal coMoratlon,is hereby accepted by the undersigned officer or agent on behalf of the Chy Councii 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 to grantee consents to the recordation thereof by its duly authorized officer. Dated: February 23, 1M CITY OF HUNTINGTON BEACH CONNIE BROCKWAY. CMC CITY7C;RK Bye Deputy City Clerk $tfol�ovx��deeakae 1rtl.phge.:77�6345ZZ7r) " 04/27/2005 14:56 7148342575 OC CLERK REC ER PAGE 01 CIfBK� • 12 Civic Center Plaza,Suite 101 Santa Ana,CA 92701 ^� (714) 834-2500**FAX(714)834-2b75 TOM DALY Orange County Clerk-Recorder FAX COVER SHEET Date: Dq! l—t)5 From: dyljl�/j To: Th F--5 ,V Company: aP� 4LA4m ' Fax#: f #of pages including cover Message: If you need not receive the entire fax or it is iiiegible please call Judy Martineau at (714) 834-2248. Thank you and we look forward to serving you.