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HomeMy WebLinkAbout1997-03-21 - Easement Signal Bolsa Corporation Recorded in the County of Orange, California Gary L. Granville, Clerk/ReO rder Iilllllllllllllllllilllllllllllllllllllllllllllllllllllllllllllll F B 1997024707 4, pm 05/06/97 005 17003590 17 67 Al2 10 7.00 27.00 0.00 0.00 0.00 0.00 Recording Requested by, and ) when recorded return to: ) City of Huntington Beach ) 2000 Main Street, 2nd Floor ) Huntington Beach, CA 92648 ) Attention: City Clerk ) A.P *, I Space above line for Recorder's use only �0,'},orn wl of 86 s � r tj PURCHASE AGREEMENT FOR O,F Way RIGHT-OF-WAY EASEMENT ��� BY AND BETWEEN Tax-Exempt-Governmen THE CITY OF HUNTINGTON BEACItITY OF HUNTINGTON BEACH AND Connie Brockway, Civic SIGNAL BOLSA CORPORATION4city Clerk By. ty City Clerk 7 THIS AGREEMENT is entered into this 2Id day of 199�1 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as"City, and SIGNAL BOLSA CORPORATION, a California corporation, referred to as "Seller." WHEREAS, Seller is the fee owner of real property, hereinafter referred to as the "Property," located in the City of Huntington Beach, which property is more particularly described in the legal description attached hereto as Exhibit"A,"; and I This document is solely for the 4/s:PCD:Agree:Signal-1 official business of the City 10/24/96 of Huntinryton, -h. a, contem— RLS96-715 plated under Govz�rnt: ent Code Sec. 6103 and should be recorded free of charge, . City desires an easement over the Property as shown on the map attached hereto as Exhibit`B,"; and Seller is willing to sell an easement interest in the Property to City pursuant to the terms and conditions of this Agreement, NOW,THEREFORE, based upon the terms and conditions described below, the parties agree as follows: I. Grant of Easement. In return for City's payment to Seller of One Thousand Six Hundred Fifty Dollars ($1,650.00) and the terms and conditions set forth below, Seller grants to City a non-exclusive perpetual easement in gross (the"Easement") over, under and across the Property, subject to the terms and conditions contained in this Agreement. 2. Purpose of Easement. The Easement is for purposes of the widening of Talbert Street, and/or for public street, utility and right of way, and the construction or maintenance of such improvements thereon. 3. Maintenance Obligations. All maintenance and repairs, whether ordinary or extraordinary, capital or expense in nature of the Easement and the facilities constructed or installed thereon by City, shall be performed by City, at its sole cost and expense, in a manner and at intervals required to maintain the Easement and facilities in a first-class and safe condition at all times. 4. Character of Easement. The Easement is subject to all valid and existing licenses, leases, grants, rights, easements, exceptions, reservations, agreements, and covenants affecting the Property. Seller is granting, and City is accepting,the Easement on an"As Is" 2 4/s:PCD:Agree:Signal-1 10/24/96 RLS 96-715 basis, without any warranty, representation or guarantee, expressed, implied or statutory, written or oral, concerning the condition of,title to or rights affecting the Easement. 5. Compliance with All Laws. City shall, at its cost, comply with all rules, ordinances, regulations and laws applicable to its improvement, maintenance, and use of the Easement. 6. Indemnification. City shall indemnify,protect, defend and hold Seller, and its parent corporation, subsidiary corporations, and affiliated entities (together, "Indemnified Parties"), and the Indemnified Parties' agents, employees, directors, officers, attorneys, partners, representatives, successors and assigns,harmless from and/or against any and all losses, liabilities, costs, claims, damages or expenses (including, without limitation, attorney's fees and legal costs) arising from or regarding the Easement and/or City's failure to comply with any provision of this Agreement. 7. Running With The Land. The Easement granted by this Agreement, and the terms and conditions contained in this Agreement, shall run with the land comprising the Easement and shall inure to the benefit of and be binding on the parties and their respective successors and assigns. 8. Insurance. Upon the request of Seller, City shall provide proof of self insurance reasonably satisfactory to Seller. 9. Successors and Assigns. This Agreement shall be binding upon and shall insure to the benefit of City and Seller and their respective successors and permitted assigns. 10. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or obligations under this Agreement to be performed by the other party shall not be 3 4/s:PCD:Agree:Signal-1 10/23/96 RLS 96-715 construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 11. Notices. All notices or other communication provided for herein shall be in writing and shall be personally served or delivered by United States mail,registered or certified, return receipt requested,postage prepaid and addressed as follows: If to Seller If to Ci Signal Bolsa Corporation City of Huntington Beach 4343 Von Karman Avenue 2000 Main Street Newport Beach, CA 92660 Huntington Beach, CA 92648 Attention: Lawrence F. Brose Attention: Real Property Division 12. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter of this Agreement. Any oral representations or modifications concerning this instrument shall be of no force and effect. This Agreement may be modified only by a written and recorded agreement signed by both parties or their respective successors or assigns. 13. Attorneys Fees. In the event at any time during the term of this Agreement either party institutes any action or proceeding, including any arbitration proceedings, against the other relating to the provisions of the Agreement or any default or alleged default hereunder,then the non-prevailing party in such action or proceeding shall reimburse the prevailing party for the reasonable costs (including court costs and attorneys' fees) incurred by such prevailing party. 14. Exhibits. All exhibits to this Agreement are incorporated in and made a part of this Agreement by reference. 4 4/s:PCD:Agree:S igna1-1 10/23/96 RLS 96-715 15. Termination of Liability. Whenever a transfer of ownership of the Seller's Property takes place, the liability of the transferor or breach of this Agreement occurring after such transfer, shall automatically terminate upon such transfer. IN WITNESS HEREOF, the parties hereto have executed this Agreement the day and year first above written. SIGNAL BOLSA CORPORATION, CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the r State of California By. i .. Raymond J. PAC€N Mayor (print name) Its. (circle one)Chairman/Presiden ice President-1 C— ATTEST. By: �Q - City Clerk f r� (?,�1 st,e. APPROVED AS TO FORM: (print name) Its: (circle onqtecret hief Financial Officer/ Asst. Secretary-Treasurer ' t,L /q& ty Attorney REVIEWED AND APPROVED: A VED: City Administrators y city Ad ni rator Exhibits: C: Legal Description of Easement D: Map of Easement 5 4/s:PCD:Agree:Signal-1 10/23/96 RLS 96-715 "A" LEGAL DESCRIPTION AP #110�-015- 64,65 �a portion) BEING THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTx, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF TRACT NO. 7635, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 330, PAGES 30 THROUGH 33, INCLUSIVE, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE INTERSECTION OF THE MOST SOUTHERLY LINE OF SAID TRACT NO. 7635 AND THE CENTERLINE OF EDWARDS STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 7635, SAID POINT ALSO BEING THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 76034'56" WFs_I 499.05 FEET" FOR A PORTION OF THE SOUTHERLY LINE OF SAID TRACT NO. 7635; THENCE NORTH 76034'26"WEST 41.08 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 7635 TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET WESTERLY OF THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 34, SAID PARALLEL LINE ALSO BEING THE WEST LINE OF THAT CERTAIN CORPORATION d EASEMENT DEED RECORDED AUGUST 10, 1976 IN BOOK 118.5, PAGE 1113 OFFICIAL FF ICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING S?JD SOUTHERLY LINE OF SAID TRACT NO. 7635 SOUTH 00°15'54" VvEST 16.34 FEET ALONG SAID PARALLEL LINE TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN CORPORATION GRANT DEED RECORDED SE.PTEMBER 8, 1981 IN BOOK 14211, PAGE 1356 OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE SOUTH 38°25'26" WEST 37.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 32.00 FEET,, SAID CURVE BEING TANGENT TO A LINE PARALLEL WITH AND 40.00 FEET �VESTIERLY FROM THE CENTERLINE OF EDWARDS STREET AND TANGENT TO A LI?FL PARALLEL WITH AND 5C.C3 FEET SOUTHERLY FROM SAID AF OK.EME:N'TIONED SOL'*:-HERL`: TINE OF TRACT NO. 7635, A RADIAL LINE TO SAID CURVE BEARS NORTH 16°05'08" EAST; THENCE NORTHWESTERLY 1.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02040'51"; THENCE NORTH 32°38'54" W'ES'T 72.10 FEET TO A POINT ON SAID SOUTHERLY LINE OF TRACT NO. 7635; THENCE SOUTH 76°34'26" EAST 65.63 F= ALONG SAID AFOREMENTIONED SOUTHERLY LINE OF SAID TRACT NO. 7635 TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA Or 0.043 ACRES, MORE OR LESS. A SKETCH ATTACHED HERETO AND MADE A PART HEREOF. NNkLDEN & LEGAL DESCRIPTION SSOCIATES MEL n rr B AP # 110-015.64, 65 (a portion) S%}- ',7� T'�.qc.T, 9. _`. Q Sd0%5:s¢zv w .,c?-.4 Al r Deep � vV 0160 2o/ 2�I lI (` 00, 1 GV'LY. LANE of Q W iNoicA T�'S G GAG N /.emsceiF�T/oN AekSA o VWDEN SOCIATES -4 -EG.�►c . � cRi�'T"/©N CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS OB¢¢ DateZ� 9� 19012 COWAN.SUITE 210 • IRVINE, CA 92714 WO.No. oO 714/660-0110 FAX:660-0418 gn r. CIE /' Chk. sheet.. Of ....�_ STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On December 3, 1996, before me, Donna M. Uram,Notary Public, personally appeared Raymond J. Pacini and Christine Rush, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State `• DONNA M.URAM a OhMV COMM.#1055861 ZNotary Public—coliforNaa ORANGE COUNTY Comm.Expires APR 16,1999 CALIFORNIA ALL-PURPOS91ACKNOWLEDGMENT State of IT County of On 5?7a c� .21,J997 before P44t, � Me Name and Title of4difficer(e.g.,"Jane Doe,Notary Public") I personally appeareda�.a � Name(s)of Signer(s) personally known to me-eft- to be the person whose name(a)fefare subscribed to the within instrument and acknowledged to me that }edthey executed the same in h4eAhe*/their authorized capacityqgsl and that by ' fief/their signatures on the instrument the person, ` MAYB2iCE L..JOHNSON? COMM. 991835 or the entity upon behalf of which the person(s) acted, f a = r6 ,otcy Public-Cofifornio ' executed the instrument. ORANGE COUNTY ' My Comm.Expires MAY 11.1997 WITNESS my hand and official seal. Sign re of 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,, -# jID-0/5- q�65ep� ) Title or Type of Document: 4e1 Document Date: Number of Pages: -5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i Signer's Name: Signer's Name: ❑ Individual ❑ Individual I ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ M. ❑ Guardian or Conservator ❑ Guardian or Conservator (Other: Top of thumb here Ct�-Other: Top of thumb here 's Signer Is Representing: Signer Is Representing: �" �-- G3ea-cam• ' ©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 ! • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 1 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 21 1997 from Signal Bolsa Corporation to the CITY OF 9 p HUNTINGTON BEACH 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: April 28, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC geputy RK City Clerk g:\followup\deedcert 4/25/97 1 deedcertSignal Bolsa:jc (Telephone:714-536-5227) \