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HomeMy WebLinkAbout1997-03-21 - Easement Signal Bolsa Corporation (3) Recorded in the County range, California Gary L. Granville,II lllllilllllllllllillll erk/RNo Feer 1111111111111111111111111111111111111111 I 1997021 0708 a;08PM 05i06197 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 ) Space above line for Recorder's use only �}1� 6L0-0 5-fo5 (A, P004-&or W)off ®ws 5-n2r '�° DONATION AGREEMENT FOR so Wier-r-r tPve — S'r+. Rw4r-oF-WAY RIGHT-OF-WAY EASEMENT / BY AND BETWEEN Tax Exempt-Govern THE CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH nnie Brockway, CMC AND SIGNAL BOLSA CORPORATION By: Cit�Clerk eputy City Cierk 7 THIS AGREEMENT is entered into this a L at day of , 199�, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of IT {C) California,hereinafter referred to as"City," and SIGNAL BOLSA CORPORATION, a California corporation,referred to as"Donor." 4 WHEREAS Donor is the fee owner of real property, hereinafter referred to as the p "Property," located in the City of Huntington Beach, which property is more particularly described in the legal description attached hereto as Exhibit"C,'; and This document is solei.y for the do.::ment 3s solely for the the of" n ; business of the City official business of *`c� 41s:PCD:Agree:Signa1-2 of Huntington. R©ach, eority rv� ,'-1 Liz:?.,ton �'aach, as cont@Mj 10/24/96 ad une^ Gav*LrnLa.nt Code RLS96-715 plated ardor GoJara��t;:�f. Code should b® � 6103 and s See. 6103 and should be 1ffljgp -ded poor#?d Free of charge,, ,free of charge, City desires an easement over the Property as shown on the map attached hereto as Exhibit"D,"; and Donor is willing to donate 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: 1. Grant of Easement. Pursuant to the terms and conditions set forth below, Donor 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. Ply.rpose 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. j 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. Donor is granting, and City is accepting, the Easement on an"As Is" 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. 2 4/s:PCD:Agree:Signal-2 10/24/96 RLS 96-715 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 Donor, 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 Donor, City shall provide proof of self insurance reasonably satisfactory to Donor. 9. Successors and Assigns. This Agreement shall be binding upon and shall insure to the benefit of City and Donor 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 construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 3 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 i 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 Donor 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. 15. Termination of Liability. Whenever a transfer of ownership of the Donor's Property takes place,the liability of the transferor or breach of this Agreement occurring after such transfer, shall automatically terminate upon such transfer. 4 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 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 State of California :BY Raymond J. Pacini Mayor (print name) Its: (circle one)Chairman/Presiden ice President— r 1 ATTEST: By: � City Clerk A/ APPROVED AS TO FORM: (print name) Its: (circle o hief Financial Officer/ Asst. Secretary- Sreasr,�r > 6-2 14 C* Attorney REVIEWED AND APPROVED: VD ROVED: City Administrator � ._ eputy City Admi 'strator Exhibits: A: Legal Description of Easement B: Map of Easement 5 4/s:PCD:Agree:Signal-2 10/23/96 RLS 96-715 EXHIBIT "c" TALBERT AVENUE LEGAL DESCRIPTION AP #110r.0157.65 (a portion) BEING THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE I 1 WEST, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 51, PAGE 13, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBE AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF TRACT NO. 7635, AS SHOWN ON A MAP RECORDED IN BOOK 330, PAGES 30 THROUGH 33, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID CORNER 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; THENCE NORTH 76-34'26"WEST 106.71 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 7635 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 76-34'26"WEST 392.34 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1600.00 FEET; THENCE WESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 2.25 FEET THROUGH A CENTRAL ANGLE OF 00°04'51" TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF TRACT NO. 9221, AS SHOWN ON A MAP RECORDED IN BOOK 436, PAGES 37 THROUGH 40, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY;THENCE SOUTH 13°29'55"WEST 50.00 FEET ALONG THE MOST EASTERLY LINE OF SAID TRACT NO. 9221 TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 1650.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 13029'55" WEST; THENCE EASTERLY ALONG SAID CURVE 2.33 FEET THROUGH A CENTRAL ANGLE OF 00o04'51" TO A POINT ON A TANGENT LINE; THENCE SOUTH 76-34'26" EAST 444.25 FEET; THENCE NORTH 32o38'54"WEST 72.10 FEET TO THE TRUE POINT OF BEGINNING. SAID AREA CONTAINING 0.483 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "a"ATTACHED HERETO AND MADE A PART HEREOF. P`4o PR E SrQ't' z a rn No.20921 m * Exp.9-30-97 ♦ �T9 j CNI\- P��P FOF CAI�FC Robert E. Eichblatt, RCE 20921 20306 EXHIBIT AP #110-015-65 (a portion) NOT TO SCALE a 4r U z W to Z U) Z _ Cl r c� J W Z .. .. W Co _ Z � L1 N7634,26 wCeERr gVENUE. Z '392.3 0 4' 499 05, d I T.P.O.B. I C2 / S7634,26 e 106.71, I 444.25' L2 w w ctf U) N Q Q W Q `t w ifI CURVE DELTA RADIUS LENGTH •o I z Cl 00'04'51" 1600.00' 2.25' c- C2 00'04'51" 1650.00' 2.33' LINE DIRECTION DISTANCE N'LY LINE S.E.1/4, S.E.1/4, S.E.1/4, N.W.1/4, SEC.34, T55, RIIW _ L1 S13'29'55"W 50.00' L2 N 32'38'54"W 72.10' N S.E.E'LY COR. S.1/4, , S.E.1/4, N.W.1/4, SEC 34,T5S, R11W SKETCH TO ACCOMPANY LEGAL DESCRIPTION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TALBERT 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 COMM.#IOVA161 QhMV Notary PubNc—Cafifomia ORANGE COUNTY Comm.Expkes APR 16.1999 CALIFORNIA ALL-PURPOOACKNOWLEDGMENT i l State of �= County of On 522�-14 1497 before me, i/ P Date Name and Title o Officer e.( g.,"Jane Doe,Notary P ") personally a I � p Y appeared Name(s)of Signers) P15-ersonally known to me— to be the personLss) whose names)Ware subscribed to the within instrument and acknowledged to me that*el~hey executed the same in�their authorized capacity ies , and that by hMYBRICE L.JOHNSON 44_q :h&#their signature(W on the instrument the personal, ry MM9918 or the entity upon behalf of which the person( acted, o Nota Public—Cantorrwa ORANGE COUNTY executed the instrument. .� My COMM,F"ires MlAY l T, t; WETNESS my hand and official seal ) SigrAfrure 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. l Description of Attached-Document Title or Type of Document: f'• "` k' Document Date: 3/•fitZ97 Number of Pages: 5 Signer(s) Other Than Named Above: Pace., (,,-.A.. JA&,,,� �L — lFAe,,.,,,� Capacity(ies) Claimed by Signer(s) Signer's Name: fRj:&" ('a LA_) Signer's Name: 0 „�.� ,i ❑ 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 To of thumb here Top of thumb here ) 5/Other: p L'Other: 4 ,. � Signer Is Representing: Signer Is Representing: ©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 5 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 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 CIT?eputy RK By: && &a,) City Clerk gAfollowup\deedcert 4/25/972deedcertSignal Bolsa:jc (Telephone:714-536-5227)