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HomeMy WebLinkAbout1998-10-27 - Easement PLC RECORDING REQUESTED BY: i Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder 1111111111111111111III E111 1[11111111111111111111111111111 No Fee AND WHEN RECORDED MAIL TO: j 19990095282 1 ;42pm 02/09/99 005 17012738; 17 16 E01 8 6.00 21 .00 0.00 0.00 0.00 0.00 CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) hftp://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 Tax SEWER LINE EASEMENT O�ID PLC, a California general partnership ("Grantor"), does hereby grant, bargain, F sell and convey unto The City of Huntington Beach, a municipal corporation ("Grantee"), a non-exclusive easement (the "Easement") in perpetuity on, over, under and through the real property more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto (the "Easement Area"), for purposes of operating, maintaining, repairing and/or replacing the public sewer line 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 Easement Area by Grantor and the surface of the Easement Area and any such property along or adjacent thereto shall be promptly restored to its condition before Grantee's entry thereon or use thereof, including the repair or replacement of any damaged asphalt, paving or other improvements with the exception of enhanced concrete paving and landscaping, which shall be Grantor's responsibility to repair or replace. Tax-Exempt-Goverriment AgencY This dooument is solely for the F:\WP51\DUB\BLUFFS\SEWER2.ESM CITY OF HUNTINGTON B CH official business of the City 10/23/98 ranreie Brockway,City Clerk of Huntington Beach, as contem- plated under Government Code BY Sec. 6103 and should be recorded puty City Clerk free of charge. 3. 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. 4. 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. 5. Binding Effect. The provisions of this Sewer Line Easement shall inure to the benefit of and shall be binding upon the parties hereto and their respective legal representatives, successors and assigns. [Balance of this page intentionally left blank] t FAWP51\DU3\BLUFFS\SEWER2.ESM 10/23198 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 2-Aay of C.1G �' 1998. Grantor: PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as its general partner By: Its V9 By: - Its By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company as a general partner By: BRAMALEA CALIFORNIA, LLC, a California limited liability company By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation as its an er By: 1 - By: Its t_ Grantee: THE CITY OF HUNTINGTON BEACH, APPROVBD AS TO FORM: a municipal corporation GAIL BUTTON,; City Attorney By: Deputy City Attorney its By: ua Its C1111 Cl-eA FAWP51\DLB\BLUFFS\SEWER2.ESM 10/23/98 3 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On e?7, 1998, before me, Roberta M. Kern _, Notary Public, personally appeared and Chrjgitinhar G- Gibbs personally known to me (or ) to be the person(s) whose e(s) subscribed to the within instrument and acknowledged to me that they xecuted the same in h4s4hrer their uthorized capacity/ies, and that by hir t�Iignature(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. Sign it �} [SEAL] Roberta M. Ke n ROBERTA, M. KERN '' comm. #1119189 Wli NOTARY PUBLIC-CALIFORNIA Z ORANGE COUNTY —` My Comm.Ezplree Dec.6,2000 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On ? ; 1998, before m e,76n(i0Jaqo Fr6MtZ , , Notary Public, personally appeared ;fie <, Haccu d and pe6 f3tt,K.(r personally known to me e. Pfave to be the person(s) whose name(s)-ims are subscribed to the within instrument and acknowledged to me that hs eohe/they executed the same in-hi@/4@ /their authorized capacity/ies, and that by htsrtFter/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. Signature6�'7 [SEAL] J TONDALAYO FPANTZ m m COMM...1165205 0 , U , NOTARY PUBLIC CALIFORNIA -I ORANGE COUNTY LJ My Term Exp.Dec.11,2UOt F:\WP51\DLB\BLUFFS\SEWER2.ESM 10/23/98 4 CALIFORNIA ALL-PURSE ACKNOWLEDGMENT • State of 6Uad ,✓vlA-& County of aa4-,@ Emu r A Nels�: MOAn j & l On (� o, ��Rq before me, Da. Name and Title of Officer(e.g.,"Jane Doe,Notary Pu A") t�- ( personally appeared Per 6 r Q-P—✓t � Name(s)of Signer(s) personally known to me— to be the person( whose name(s4l&m subscribed to the within instrument and acknowledged to me that 08_4 f executed the same in l�hall:UA!r.authorized capacity(fes),and that by �fi�erf##eir signaturel-4on the instrument the person(); LAU2A&NELSON or the entity upon behalf of which the persons) acted, Commission#1066263 Notary Public—Cailfomlo executed the instrument. y Orange County My Comm. Upires Jul 23,19W 11WITNESS my hand and official seal. � Signature of Notary Public ZONAL 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: Sewer �.v�t. -k�►^-aw-�' Document Date: 10 �?iZ Number of Pages: 3 4-dr1. Signer(s) Other Than Named Above: W Gtr FUSID6WT' 491)9. Lziuti" HONES vtc& Pa.&s;v6r Ass-r: s'6CACTY49Y, DW. G.?ti! AiTbWAZ-Y �l Capacity(ies) Claimed by Signer(s) Signer's Name: Itt4W 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 XZ Other: AA.Alto?'L Top of thumb here ❑ Other: Top of thumb here tF I' Signer Is Representing: Signer Is Representing: C irg or l-hv&mwRr71 ©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-PURPOSE ACKNOWLEDGMENT • State of County of On tt before me, &Wwa tt, ka,44yl N r vya�_, Dale Name and Title of Officer(e.g.,"Jane Doe,Notary ublic") personally appeared CDNN t I— ocK-c.c1A`/ Name(s)of Signer(s) Xpersonally known to me-OR- to be the person(§y whose name(x)&aw subscribed to the within instrument and acknowledged to me that fie, a)hey-executed the same in hic., er 4"e authorized capacity(i_*,and that by �te signature*on the instrument the person(s}, � LF,URA A.NELSON orntity upon behalf of which the persont}acted, Cornm!ssion# io66263 executed the instrument. NDt^;ry Pubic—Cauf0mla Ora,-,a County 1 f�ty cv;oin. Exp';6s JW 23,1999 11 r WITNESS my hand and official seal. Signature of Notary Public O /ONAL (V 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: :.SeL,)er Ltne j5aSer i Document Date: i o(L"1 �R Number of Pages: 3 Q% t Signer(s) Other Than Named Above: P>ArG LAC-0 V iGE P"6j bq +rr j SEGa.67-*aY i t 60JaJaa- Nro*S V ICE PQlc5 toyPrr �A55T: 66d9kV)+&y PLAY*0-3 W. CAT4 ATTerzNEY �. Capacity(ies) Claimed by Signer(s) ) Signer's Name: CON P4 L E b(y LOC-L,J" Signer's Name: l l&lndividual ❑ 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: (2c"nf C L-A---JZ K Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: 4 x- Signer Is Representing: a a C6 Ilf OF jJVNT7A&-)A)( 4C4 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 • r EXHIBIT"A' (PUBLIC SEWER LINE EASEMENT) LOTS R, S, AND T, TOGETHER WITH THE SOUTHWESTERLY 30.00 FEET OF THE NORTHEASTERLY 54.00 FEET(SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 65 OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 770, PAGES 27 TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID LOT T LYING EASTERLY OF A STRAIGHT LINE (AND ITS PROLONGATION) EXTENDING FROM THE NORTHWEST CORNER OF LOT 8 OF SAID TRACT NO. 14355 TO THE SOUTHWEST CORNER OF LOT 1 OF SAID TRACT NO. 14355. AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUP VISION OF: LSO SG l W GARY W. DOK H L.S. 4693 D E EXPIRES 9-30-99 L.S.4693 Exp.9-30-99 Q' GA376\06\LEGALS\SEW.D0C EXHIBIT 99B99 SHEET 1 OF 1 SHEETS EASEMENT FOR PUBLIC SEWER LINE WILDFLOWER LANE (LOT S) OVERLOOK DRIVE _ —— T 1 I (PUBLIC STREET) SETTING SUN DRIVE (LOT T) I►_ I I � I Ij - -IL�I-TL� Imo_ I FAIRWIND CIRCLE (LOT U) CLEARVIEW LANE (LOT R) TRACT J\JJ, J%3» I f r r IV / �— EVENING STAR CIRCLE (LOT V) / Ii- ���J.J��I, CROSSWIND DRIVE (LOT Q) Imo_ / w >� _ I I I I I � w H �- I � Lu 0 INDICATES PRIVATE � DRAIN EASEMENT AND PRIVATE SEWER EASEMENT —TO BE �--J TWILIGHT DRIVE LOT W CREATED BY SEPARATE / g- r I cn INSTRUMENT. / /f �-— I I �� 9 m Lu EVENING BREEZE CIRCLE I LOT / / / // / I (LOT X) 1 65 / / I NPR L- ANC p A VENUE -- Q 0 o UB STREET) a�C L.S. 4693 * Exp. 9-30-99 ��qTF OF CAL�FO��\P SCALE 1"= 300' PREPARE ER THE I N OF- LEGEND: PRIVATE STREET WITH SEWERUNE ---- LOT LINE GARY W. DOKIZ L.S. 4693 EXPIRES 9 30 99 1:\37606\MAPPING\EXH—SEWR.dwg 11/02/98