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Home My WebLink About1998-04-20 - Deed City of Huntington Beach to PLC a . RECORDING REQUESTED BY: ) " 1 - ) Recorded in the County of Orange, California AND WHEN RECORDED MAIL TO: ) Gary L. Granville, Clerk/Recorder - IIIlillllllllllllllllill111lllll{IIIIIIIIIIIIIIIIII{IIINIIIIIIII No Fee 19980722009 2:40pm 10/26/98 CONNIE BROCKWAY CITY CLERK ) 005 23014780 23 64 CITY OF HUNTINGTON BEACH ) E01 10 6.00 27.00 0.00 0.00 0.00 0,00 http:llwww.ci.huntington-beach.ca.us ) P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX - NONE No,Consideration The Und rsioned Grantor Grantor receiving nothing in return Signature of Declarant or R&T Code Section 11911 or Agent Determining Tax EASEMENT d,s /�///l `` April 20, 1998 The City of Huntington Beach, a municipal corporation ("Grantor"), does hereby grant, bargain, sell and convey unto PLC, a California general partnership ("Grantee"), a non-exclusive easement (the "Easement") in perpetuity on, over, under and through those portions of Lot N of Tract 14355 in the City of Huntington Beach, County of Orange, State of California, as shown on Map filed in Book 770, Pages? through V, inclusive, of Miscellaneous Maps, Records of said Orange County (the "Final Map") shown as being subject to the private storm drain easement and private sewer easement depicted by Note H on the Final Map (the "Easement Area") for purposes of maintaining, repairing and replacing the storm drain, sewer and related improvements located within the Easement Area (the "Improvements"). 1. Easement Rights. Grantee shall have the right from time-to-time in the Easement Area to lay, construct, maintain, repair, renew, replace, protect, inspect, operate, modify and/or remove the Improvements. 2. Right of Ingress and Egress. The Easement shall carry with it the right of ingress and egress to and from, and access on and along said Easement Area for the purpose of exercising the rights granted hereunder. During temporary periods, Grantee may use such portions of the property along and adjacent to the Easement Area as may be reasonably necessary in connection with exercising the rights granted hereunder; provided, however, that Grantee's incidental use of property along and adjacent to the Easement Area shall not unreasonably interfere with the use and operation of Lot N by Grantor and the surface of the Easement Area and any such property along or adjacent thereto shall be restored to as near its condition before Grantee's entry thereon or use thereof as practicable. T�Exerrftpt-Goverrmmer �9en This document is solely for the F:�wP5twlE18WFFs1LorN1.ESM CITY OF HUNTINGTON BEACH official business of the City 0311 2/se nne Brockway,Ci rk f Hunfngton, 6,eacR�:9 as contem- -gated under Gove nment Code gY Sec- 6103 and should be recorded y ity free of charge. a5 3. Costs and Expenses/Indemnification. The construction, maintenance, repair, replacement, inspection, removal and servicing of the Improvements located within the Easement Area shall be at Grantee's sole cost and expense. Grantee agrees to indemnify, protect, defend and hold City harmless from any claim, loss, damage, liability, lien, cost and/or expense (including attorneys' fees and court costs) arising out of or in any related to the entry upon the Easement Area by Grantee, its contractors, subcontractors, employees, representatives and/or agents. 4. Easement Appurtenant to Lot P. The Easement is hereby made appurtenant to and inseparable from ownership of Lot P, or any portion thereof, of Tract 14355 such that the benefits and the burdens of the Easement shall pass with such ownership and thereby inure to and be for the benefit and become the obligation of the successive owners of said Lot P. Each person or entity who conveys his, her or its entire interest in the ownership of said Lot P shall (i) be released from his, her or its obligations and duties hereunder and (ii) have no further rights hereunder upon the recordation of such conveyance. 5. Abandonment. The Easement shall be a perpetual easement except that Grantee may remove the Improvements from the Easement Area and permanently abandon the rights created herein by written notice of abandonment from Grantee to Grantor. Upon such written abandonment, Grantee shall execute and record a quitclaim deed hereof, whereupon the Easement and all rights and privileges herein ranted shall be P 9 P g 9 fully cancelled and terminated. 6. Severability. In the event that any provision hereof, or the application hereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed herefrom. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision hereof shall continue in full force and effect. 7. Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this instrument. [Balance of this page intentionally left blank] F:\WP51\DLB\BLUFFS\LOTNI.ESM 03/12/98 2 . C� F IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Grantor: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: its By: — APPROVED AS TO FORT a Its 0,/P1 r-.4, x. CAIL HUTTON., City Attorney ya?Z/q By: Deputy City Attorney Grantee: PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as a general partner By: _ Its e� BY: Its By: . T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Del ware limited liability company as a general partner (SEE AlTf9C14EZ9 S/CA/ATU/ZE &OCK) By: LENNAR HUNTINGTON BEACH, INC., a California corpor i n as a managing member By: Its By: Its FAA P51VXA% LUFFSILOTN1.ESM 03112/98 3 EXHIBIT"G-1" (PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT) "J THAT PORTION OF LOTS 65, P AND N OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK / /V , PAGES �f TO,:& INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING DESIGNATED ON SAID MAP AS " HO PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT'. AS SHOWN ON EXHIBIT"G-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED OPER THE SUP ISION OF: 1'x,1,,e7 GAR'71k DOK H, L.S. 4693 DATt EXPIRES 9-3 99 G A376\06\LEGALS\EX-G 1.DOC YAghk ., !! SHEET 1 OF 1 SHEETS XHIBIT G- 2 PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT r. N TRACT NO. 14355 M.M. 7 -&g �A0. 66 LOT BB 6 5 SCALE 1"= 50' # DELTA RADIUS LENGTH TANGENT 1 '700'2T 283.00' 34.61' 17.33' LAND SG L.S. 4693 * Up. 9-30-99 LEGEND: qTF Of- m\� ---- EASEMENT LINE PREPARE N ER THE R N LOT LINE PER TRACT NO. 14355 INDICATES SUBJECT PROPERTY GARY W. DOKIC4 L.S. 4693 (EXPIRES 9 30 99 I.\37606\MAPPING\IXH—G2—t.dwg 12/11/97 r— AMEN �� } STATE OF CALIFORNIA }ss. COUNTY OF Aaa } On �� 2� , before me, personally appeared I ht ark) �8/yis L, W z I S-110 fo Iz c 19 es , personally known to me ( to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that WSW�he� xecuted the same in his/# /6ei thorized capacity(ies), and that by histl°i heir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd and official seal. Signature � j J ROBERTA M. KERN COMM. #1119189 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY -, My Comm,Expires Dec.6,2000 (This area for official notarial seal) Title of Document Date of Document C ;?o ( yv No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company CALIFORNIA ALL-PURE ACKNOWLEDGMENT 1D State of Ca i�nY h tl- County of On Cc_�-. to. 19% before me,k Iva+AM-!4 pit Date 1��A Na�me and Title of Officer(e.g.,'J a ,Notary Public personally appeared�Yl�/y�.Ja 2 av�� Jy1�YG CkASm2ma Name(s)of Signer(s) loersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persons whose nam (s is re ubscribed to the within instrument and acknowledged to me that I�she thxecuted the same in his!he heir uthorized capacity�les ,and that by DEE BAKER their ignatur oss on the instrument the persoll s or the entityupon behalf of which the erso s acted P P Commission ,� n#10815001 ' -� Notary Public—Callfomkt executed the instrument. Orange County My Comm.Wres Apr 19,2000 WITNESS my hand and official seal. Signature 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 -Tr. IL}35s) L4+ Title or Type of Document: WJM 14 l J lf1 . - Document Date: A-o i I In g 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: O 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 CALIFORNIA ALL-PURE ACKNOWLEDGMENT State of Ca t�OT YI Ia County of On OX. (ot I9g1 before me, Date Name and Title of Otricer(e.g..'J e �Nctary Public-) personally appeared OXAS Win Name(s)of Signers) ISI,personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person whose namqs)ir,,Lg re ubscribed to the within instrument and acknowled9 ed to me that he/she the xecuted the same in F wAier heir uthorized capacity fes ,and that by DEE BAKER their ignaturs on the instrument the person Commission#1086001 or the entity upon behalf of which the persorlDs acted, -� Notary Public—COMM1 t executed the instrument. orange County °' My Comm.E�Ires Apr 19,2000 WITNESS my hand and official seal. Signature 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 7fr. 1L+355, ' Title or Type of Document: 66e..rin 4-61LJ Y1 . a�'- -K fia�►%��tM�e�e,►►� �. {�L . Document Date: a ng g 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 _ ❑ Attomey-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator e ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: O 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Cab Toll-Free 14800.878-6827 CALIFORNIA ALL-PURPOE ACKNOWLEDGMENT State of County of �. On l2i He before me, Date Name an Title of Officer(e.g.,"Jane Doe,Notary Pub ') �' C personally appeared � � � C c.� / ro�� Name(s)of Signer(s) impersonally known to me— to be the person sQ whose name(o is/ rlisubscribed to the within instrument and acknowledged to me that hefs executed the same in hmsfher ei authorized capaciv@0 and that by N&144� signature �)on the instrument the persor LAURA A.NELSON Commission# IM6263 or the entity upon behalf of which the person SQacted, .,; Notary Public—California executed the instrument. s.. Orange County My Comm. EvimsJU 23,19W WITNESS my hand and official seal. V Signature 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. I Description of Attached Document Title or Type of Document: LAS+¢•t'V► -f' LAN AA#%br f, I PLC. Ty Document Date: 41 ZO l Number of Pages: 3+4d%4X4.0 Signer(s) Other Than Named Above: FA<,4—Art-0I 1"C— yrcz so*-&S,od,%rr i SEcg*ry"iy� L ali"A4Z• HVN'n rcG-M wS #5Cy4K,t4 V t c i~ PRES�wtvdT #Jtt at Ir Capacity(ies) Claimed by Signer(s) Signer's Name: _., Rh P ZY �-o� Signer's Name: C-01" � Gig o c�cw 1 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 ElGuardian or Conservator El or Conservator ON '� A'K Other: Ai GfL Top of thumb here ;ial, Other: CeM G[.ner_ Top of thumb here Signer Is Representing: Signer Is Representing: � i k- 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 v 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 DEED CERTIFICATION ter. CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 20, 1998 from CITY OF HUNTINGTON BEACH,to the PLC,a general partnership 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: October 16, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY,CMC CITY CLERK By. qJanelle Case g:\followup\deedcerUdeed 5695/plc (Telephone:714-536-5227)