The URL can be used to link to this page

Home My WebLink About1996-03-15 - Easement Seacliff Partners This Document %,-,s electronically recorded by City .untington Beach Recorded in official Records,.Orange County Tom Daly,Clerk-Recorder Il lllll lllll llll llll 111111111111111111111111111111111 NO F E E 2010000280074 12:09pm 06/15/10 66 406 E01 9 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk r WITH A COPY TO: Seacli$Partners c/o Pacific Coast Homes 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660-7912 Attn: Law Department DOCUMENTARY TRANSFER TAX S00.00 No consideration given APN: 110-231-05 THIS SPACE FOR RECORDERS'USE ONLY EASEMENT AGREEMENT (Seapoint Public Utilities) THIS EASEMENT AGREEMENT (the "Agreement') is entered into as of ICj a 1996 by and between Seacliff Partners, a California general- partnership, (hereafter referred to as "Grantor"), and City of Huntington Beach, a California municipal corporation, (hereafter referred to as "Grantee"). RECITALS A. By a quitclaim deed recorded February 17, 1994, as Document No. 94-0119887 Grantor is the successor in interest to a non-exclusive easement for pipelines purposes situated in the City of Huntington Beach, County of Orange, State of California, as described on Exhibit A attached hereto and by this reference made a part hereof(the "SeacliffEasement") as reserved by Seacliff Estates in a Partnership Grant Deed recorded on May 29, 1984 as Document No. 84 220849. B. Grantee desires a non-exclusive easement in the Seacliff Easement, for the purpose of installing and maintaining a public sewer and traffic signal conduit and other utilities. C. Grantor is willing to grant such an easement on the terms and conditions of this Agreement. b sowy for tt a oftw otsoCWef as cmWmpkftd GovenwWt Coda Sm 6103 Oceancrest/Seacliffeasement 1 b9 tw , 03/14/96 NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is hereby agreed ad follows: l. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in perpetuity over, under and across the.Seacliff Easement (the "Easement") for the purposes identified in Paragraph 2 below and otherwise subject to the terms of this Agreement. 2. Purpose and Use of the Easement. The Easement shall be used for the construction, maintenance, operation and repair of a public sewer and traffic signal conduits and other utilities. Grantee accepts and acknowledges that this easement is non-exclusive and that certain improvements have already been constructed within the Easement. Grantee shall indemnify, protect, defend and hold harmless Grantor and the directors, officers, employees and agents of Grantor, from any and all damages, losses, liabilities, costs or expenses whatsoever (including reasonable attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way growing out of or,connected with the construction, maintenance, operation and repair of the public improvements or other utilities in the Easement. 3. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the Grantor and Grantee. 4. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assignees of Grantor and Grantee, except as otherwise provided in this Agreement. 5. Attorneys' Fees. In the event that a party brings any action or files any proceeding in connection with the enforcement of its respective rights under this Agreement or as a consequence of any breach by the other party hereto of its obligations hereunder, each party shall be responsible for its own attorneys' fees. 6. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of California. 7. Further Assurances. Each party hereby agrees to do all such things and take all such actions, and to make execute and deliver such other documents and instruments, as shall be reasonably requested by the other party to carry out the provisions, intent and purpose of this Agreement. Oceancrest/Seacliff easement 2 03/14/96 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "Grantor" Seacliff Partners a California general partnership By: Pacific Coast Homes, a California corporation Its: general partner By: '—�------ Its: V►w; asW "Grantee" CITY OF HUNTINGTON BEACH, a Municipal corporation of the State of California D � Mayor ATTEST: APPROVED AS TO FORM[ City Clerk City Attorney P,, s'lfA� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administra Director of bh Works [ACKNOWLEDGMENTS ATTACHED] Oceancrest/Seacliff easement 3 03/14/96 STATE OF CAIdFORNIA ) ss COUNTY OF ) On`'1u d2Z�c,�S:/1� � before me, V• L/. �� Notary Public, sonally appeared, n_L_. ersonally known to me to be the person whose name is subscribed to the within instrument and ackn ledged to me that s>&Ad3ZX executed the same in i /h' ex authorized capacity(, and that b hi signature( i(on the instrument the person(, or the entity upon behalf of which the person(d acted, executed the instrument. WITNESS my hand and official seal. J.I LOPE CommiSS 1087832 z ® ` Nota ublic—Caloomia Orange County "r nrn _ cn�eb 22,2000 Signature This area for Official Notarial Seal ddtow Commfdbn I Me= Notary Pjbk Caffwft OXMPQMIIT elmycarrm 6Os Fob 22.20M STATE OF CALIFORNIA ) ss COUNTY OF ) On before me, Notary Public. personally appeared 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 and official seal. Signature This area for Official Notarial Seal Oceancrest/Seacliff easement 4 03/14/96 CALIFORNIA ALL-PURPO. id ACKNOWLEDGMENT State of I County of On .�/Z A/ 43 v r1 — before me, 1,�w&-/,-Z-/ IZ/C) gam Date Name and Title of Officer(e.g.,"Jane Doe,Notary Kblic ( personally appeared — i4lq al;ai XZek.4n.r_4P,-_, eiL& Name(s)of Signer(s) ❑personally known to me—OR—,Nt5roved to me on the basis of satisfactory evidence to be the person(&. whose name(s) is/ar,&subscribed to the within instrument and acknowledged to me that he/s#eA;I4ey executed the same in his/weir authorized capacity4"), and that by ,f— �-- his/ ► fAiteir signature(s)on the instrument the person(s), VIRGINIA R. MELTON or the entity upon behalf of which the personal acted, _ Commission#1290573 z executed the instrument. Notary Public-Califomia y orange County QWCcrrmE;cp-MJan13,20D5jWITNESS my hand and official seal. Signature of Notary ublic 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 I' Title or Type of Document: � �ir1 Document Date: �,g AC Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing:. Signer Is Representing: i 0 1995 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 CALIFORNIA ALL-PURPA ACKNOWLEDGMENT r State of �l�d County of /� .zOfrL On Ah before me, Date a Name and Title of Officer(e.g.,"Jane Doe,Notary 561ic) personally appeared 6,e(i ' Name(s)of ) Xpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persons)._ whose name(s) is/4 subscribed to the within instrument and acknowledged to me that he/she/#key executed the same in rise/her/their authorized capacitykie90, and that by r bis/her/t4eir signatures}on the instrument the person(s� �IRGINt/1 n 129057 or the entity upon behalf of which the person(-acted, Commission#129057� executed the instrument. ..� -Colifomial r. omnge Eg0*wjJan 3�� WITNESS my hand and official seal. Signature of Nfotary Public I 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: EST E 3?E Document Date:, Number of Pages:yam_ Signer(s) Other Than Named Above: r. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Top of thumb here Top of thumb here ❑ Other: El Signer Is Representing: Signer Is Representing: ( I i 0 1995 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 EXHMff "AW LEGAL DESC ON FOR 40' EASEM ENT THOSE PORTIONS OF SECTION 3 AND 4, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN :THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 68020'52" EAST 1788.78 FEET" FOR THAT PORTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE FOR SEAVIEW BOULEVARD (NOW SEAPOINT STREET); 100.00 FEET WIDE, AS SHOWN ON THE MAP FILED IN BOOK 166, PAGES 10 AND 11 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER (SEAVIEW AVENUE AS SHOWN ON SAID PARCEL MAP); THENCE ALONG THE NORTHWESTERLY LINE OF SAID SEAVIEW BOULEVARD(NOW SEAPOINT STREET)NORTH 68°20'52"EAST 1,788.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET; THENCE NORTHEASTERLY 89.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06049'08" TO A POINT ON THE CURVE WHICH HAS A RADIAL BEARING THROUGH SAID POINT OF SOUTH 28°28'16" EAST; THENCE LEAVING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID SEAVIEW BOULEVARD NORTH 42010'51" WEST, 41.24 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET NORTHWEST, MEASURED AT RIGHT ANGLES,OF THE NORTHWESTERLY LINE OF SAID SEAVIEW BOULEVARD,SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 710.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 27°40'56" EAST, THENCE SOUTHWESTERLY 74.72 FEET ALONG SAID CURVE AND SAID PARALLEL LINE, THROUGH A CENTRAL ANGLE OF 06001'48'; THENCE SOUTH 68°20'52" WEST 1788.23 FEET ALONG SAID PARALLEL LINE 40.00 FEET NORTHWESTERLY OF THE NORTHWEST LINE OF SAID SEAVIEW BOULEVARD TO THE EASTERLY LINE OF PARCEL 4 OF THE ABOVE REFERENCED PARCEL MAP; THENCE SOUTH 20°51'46" EAST 40.00 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 4 TO THE POINT OF BEGINNING. VWDEN & EXHIBIT "A" LEGAL DESCRIPTION SOCIA'TES FOR 40' EASEMENT CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0755-273-2X5 Date 1 24 94 18012 COWAN.SUITE 210 • IRVINE,CA 92714 714/66"110 FAX:6"18 Engr. D.W. Chk. Sheet 1 of 2 EXHIBIT "A-1 — ® = 06'49�8° R = 750.O' N p L = 892G' SCALE: 1'=300' A '� � �• p w tl Q Get —4 � E 40' _ aNwh t2 � � �9 1 Q 3 p l EASUfNf FOR PIPfLMES AND UTILITY PURPOSES ®gROf ES ^ POINT OF � 40.00' BEGINNING . 9-30-97 / N 20 ' IN PALL 40 AL�DEN & 5KETCn TO ACC�I� A LEGAL DESCRIPTION �S®CIATES FOR 40' EASEMMT 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0755-M-M pate 1124/94 (714) 880-0110 FAX: 880-0418 En r.__M.__Chk. D.f. Sheet-2—Of-2—