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HomeMy WebLinkAbout1998-04-20 - Deed City of Huntington Beach to PLC (3) '4'i RECORDING REQUESTED BY: ) Recorded in the county of orange, California GI`ar{{y`IL. Gran`villle, Clerk/Recorder AND WHEN RECORDED MAIL TO: ) IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIII�IIIIIIII 11111111111 No Fee 19980722008 2:40pm 10/26/98 005 23014780 23 64 CONNIE BROCKWAY CITY CLERK ) E01 10 6.00 27.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH ) http://www.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 Undersigned Grantor Grantor receiving nothing in return Signature of Declarant or (� R&T Code Section 11911 or Agent Determining TaxYo& EASEMENT ;, April 20, 1998 The City of Huntington Beach, a municipal corporation ("Grantor"), does hereby grant 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 F of Tract 14355 in the City of Huntington Beach, County of Orange, State of s shown on Ma filed in Book O P 3 inclusive, f California,, p �1 ages2$ through 3 nclus e, o Miscellaneous Maps, Records of said Orange County (the "Final Map") shown as being subject to the private storm drain easement depicted by Note I on the Final Map (the "Easement Area") for purposes of maintaining, repairing and replacing the storm drain 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 F 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. This document is solely for** Tax Exempt-Govemment Ago official business of the city F:1VVP51\OLBIBLUFFS\LOTFt.ESM CITY OF HUNTINGTON BEACH of Huntington Beach, as ontem- 03n 2ose 'e Brockway,city rk plated under Government Code Sec. 6103 and should be recorded BY: free of charge. puty City CI 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 G. The Easement is hereby made appurtenant to and inseparable from ownership of Lot G, 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 G. Each person or entity who conveys his, her or its entire interest in the ownership of said Lot G 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 granted shall be 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] FAWP51\DLB\BLUFFS\LOTF1.ESM 03/12/98 2 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 APPROVED AS TO FORM: By: GAIL HUTTON,,, City Attorney Its . 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: s i r^esi �- By: lJV i 1i�L- Its By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability compan as a general partner (Se-C qn4CM69 <S/C�t/4ru2Z 43G c�W) By: LENNAR HUNTINGTON BEACH, INC., a California corporati as a managing member By: Its By: Its FAW P51 IOLBIBLUFFSILOTF 7.ESM 03/12/98 3 . � , ,, .', • • bit'��� �a.�L, (0*0") EXHIBIT"H-1" (PRIVATE STORM DRAIN EASEMENT) THATPORTION LOTS 7 F F TRACT 14 I N ON OF LO 6 AND G O ACT NO. 355 N THE CITY OF HUNTINGTO BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK J�Z,0 , PAGES TO ,;& INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING DESIGNATED ON SAID MAP AS lD PRIVATE STORM DRAIN EASEMENT". AS SHOWN ON EXHIBIT"H-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED NDER THE SU RVISION OF: /,� 141 -/,/// GARY W. DO CH, L.S. 4693 DATE EXPIRES 9- -99 GA376\06\LEGALS\EX-H 1.DOC !! SHEET 1 OF 1 SHEETS XHIBIT H-- 2 PRIVATE STORM DRAIN EASEMENT TRACT NO. 14355 It I 77 LU N 85'50'00"W 120.53, o w 0 _ Z3 /04 I U a0 ,..a LOT CC 76 SCALE 1"= 50' OAP` LANQ L.S. 4693 t * Exp. 9-30-99 P LEGEND: �TF OF CAOF ---- EASEMENT UNE PRE PAR NDER TH IION OF: LOT UNE PER TRACT NO. 14355 INDICATES SUBJECT PROPERTY --j4t, GARY W. DOKI L. . 4693 (EXPIRES 9 30 99 I.\37606\MAPPING\EXH—H2-1.dwg 12/11/97 CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT State of Count y of 0 ra,nc..�p On r-)r -; to , -I 9Q before me, U-kt LC , Date Name and Title of Officer e.( g.,"Jae ,Notary Public's personally appeared Joy)=" ha,� A.:J a(2.. rC C�1aSYY�V\ , Name(s)of Signer(s) )Lpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the persor{(s) whose name' are subscribed to the within instrument and acknowledged o me that the executed the same in44sfhe thei uthorized capacity ies and that try laisfge their ignaturks�on the instrument the perso s DEE BAKER Commission#108600i or the entity upon behalf of which the persons acted, " Yam Notary Public—California executed the instrument. Orange County My Comm.DpWes 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. (143SS", L.O"s F -.-C, Title or Type of Document: 46-P L_C." U Document Date: -4 zn. 19 9R 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 _ ❑ ll Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 -CALIFORNIA ALL-PURSE ACKNOWLEDGMENT State of Ca C►6r n11 at County of r=-104g.,C On (')c 4n L _ -l9Q l before me, =----r , Date Name Aand True of officer(e.g-.'J� e ,Notary Public") personally appeared Jnnr�� A.:Yaq-e.. ;;� Names)of Signers) ,;,personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person{) whose name are subscribed to the within instrument and acknowledffieuthorize me that the executed the same in4 sfhe d capacity fes and thatDEE BAKER W be their igs on the instrument the persons CommWlon#1086001 or the entity upon behalf of which the persons acted, -m Notary Public—Canfomia executed the instrument. Orange County My Comm.Expires 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. (435S, l-6+5- F i -C- Title or Type of Document: C�- i-p C. Document Date: -'ONw 6 t zd, 19 9R 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 ❑ Attomey-in-Fact _ ❑ Attomey-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: 0 1994 National Notary Amodation•$M6 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.S907 Reorder:Call Toll-Free 1-800-876.6627 • • i Y 0 } STATE OF CALIFO NIA }ss. COUNTY OF } On C � , 19 5cP , before me, personally appeared G n ?q rrwrm n�4&s C H12 I s-j-b Prt LTg C G 1129.E , personally known to me ( to be the person(s) whose name(s) is/ re subscribed to the within instrument and acknowledged to me that the executed the same in h+sihe �eiruthorized capacity(ies), and that by W49 their 'gnature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h and official seal. Signature ROBERTA M. KERN COMM. #1119189 "r►� OMy NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY f�'_ Comm.Expires Deo.6,2000 (This area for official notarial seal) Title of Document Date of Document I V-Lo t 5 Sc' No. of Pages Other signatures not ac cnowledged 3008(1/94) (General) First American Title Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of aAk+ r" County of 'a.yU� y - 1 On QdlyX-' (Z� l qeV before me, New{Aac e Date _ Name and Title of Officer(e.g.,"Jane Doe,Nof9y Public") personally appeared s ✓ _-i �� �^� �'�- � �m�- -'-�-r' Name(s)of Signer(s) K personally known to me- to be the person( whose name(D) isf®subscribed to the within instrument and acknowledged to me that 4sLsk1e/tpexecuted the same in hisfNkg authorized capacity, and that by LAUM A.NELSON N"W ei signature&on the instrument the persorlig), commision•1066263 or the en ity upon behalf of which the personas jacted, Notary Pub#C—COWW" executed the instrument. orange Count My Comm.E)pUes Jul 23.1999 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. 1 Description of Attached Document Title or Type of Document: CQSCm,44-Pbfwx ay of Bead.% ; eV !ram- 11f_%64dt3 C' r� Document Date: LP Rg Number of Pages: Signer(s) Other Than Named Above: t�6LGt4-C4> I^c. V«e,. PrcSrdev�t ��c.-�t�.rvt LeK^" k4>�n ti�noli� �gcc ct., v�� Pr¢.LxL&&%r V«.. prw_si-� Capacity(ies) Claimed by Signer(s) 6a•^i w• Dov�.�u-+, �..s. Signer's Name: Le A 1De4bo Signer's Name: CTRA;t-6rzgs.,� ( 1 ❑ 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 `-•( . El or Conservator X Other: R&"ay- Top of thumb here [�P Other: Top of thumb here ( K Signer Is Representing: a Signer Is Representing: i ��1 JJj /^[ � ACtj ©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 DEED CERTIFICATION 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: ane I Ile Case g4ollowup\deedcert/deed 5694/plc (Telephone:714-536-5227)