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HomeMy WebLinkAbout1999-09-21 - Easement Orange County Flood Control District Recorded in the County of Orange, California Gary L Granville, Clerk/Recorder No Fee RECORDED BY: City of Huntington Beach 20000041741 3;55PM 01/24/00 WHEN RECORDED,RETURN TO: 004 00050619 107 23 245 08 0 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach 0.00 0.00 2000 Main Street Doc Types: 245 003 Huntington Beach CA ItUrtim: txxli : 1y, C Clerk Exempt recording requested per Gov.Code 6103 A►t -` �Cf # 10 (Space above line for Recorders use only) Facility: Ocean View Channel �2$ Facility No.: C06 kit'vr6 4. : & Parcel No.: 350 T• ` ► ' = tag-% This document is solely for the IT o �7 business of tble Ciiy 1Cr x.aoh rltAol R t4, as contem- �. Under C,3Ver11rnz'nt Corte. EASEMENT DEED AND AGREEMENT Sao 8103 and should be recorded free of charge. For valuable consideration, receipt of which is hereby acknowledged, the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, TaX-Exewt-Covemment Aden hereinafter referred to as "DISTRICT", �' CITY OF HlFN3'lNGTON BEAIC CgrlplilElr©ckway,Cal Clerk does hereby Grant to the CITY OF HUNTINGTON BEACH, City Clerk a municipal corporation of the State of California, hereinafter referred to as "CITY" an easement for public street and highway purposes, in, on, over and across the real property in the City of Huntington Beach, County of Orange, State of California, described as: As more particularly described in EXHIBIT A,attached hereto and by this reference made a part hereof.EXHIBIT B attached for information only. CITY hereby acknowledges that the rights of DISTRICT, in and to the area described herein above, are prior to and superior to the rights granted herein, and CITY agrees to submit plans and obtain approval from the Director of the Orange County Public Facilities and Resources Department, or her designee, prior to the construction or reconstruction or alteration of any improvement within said area. CITY, by acceptance of this deed, further agrees: 1. To indemnify, defend with counsel acceptable to DISTRICT, and hold harmless DISTRICT, the County of Orange and their elected and appointed officials ,officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately -1- �' • caused in whole or in part by negligence of CITY or its employees or agents, or licensees with respect to the CITY's or its employees, agents or licensees use of the easement area or by any act or omission for which CITY or its employees, or agents or licensees are liable in the exercise of the rights herein granted; 2. To maintain CITY's improvements including landscaping and trees within the easement area; 3. To remove and to replace, or to pay, DISTRICT for cost to remove and replace CITY's improvements in the event DISTRICT needs to repair, construct, reconstruct, improve or enlarge flood control improvements. DISTRICT's only responsibility shall be to restore any section of the flood control facility affected to the same load specifications as originally constructed and to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. • 4. This grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the easement area and the use of the word "grant herein shall not be construed as a covenant against the existence of any thereof. Furthermore, nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to CITY of rights in the property which exceed those owned by the DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the property or DISTRICT'S interest therein. DISTRICT agrees: 1. To indemnify, defend with counsel acceptable to CITY, and to hold CITY, its elected and appointed officials, officers, agents, employees and licensees harmless from any loss, claim, or damage of any kind or nature, including but not limited to, damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of DISTRICT or its elected and appointed officials, officers, agents, employees or licensees with respect to DISTRICT's concurrent use of the easement area. Should CITY, its successors or assigns, at any time abandon the use of said property or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of (1) year, the rights hereby granted shall cease to the extent of the use so abandoned or discontinued and DISTRICT shall at once have the right to resume exclusive possession of the property or the part thereof the use of which is so discontinued or abandoned. If any term, covenant, condition or provision of this Easement Deed and Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. -2- ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Dated: l ^�l — L 9 By: Chairman of the Board of Supervisors Approved as to form SIGNED AND CERTIFIED THAT A COPY OF Laurence M. Watson, THIS DOCUMENT HAS BEEN DELIVERED County Counsel TO THE CHAIRMAN OF THE BOARD. By P I ^J Deputy Darlene J. Bloom Clerk of the Board of Supervisors Date: 5 of Orange County, California State of California ) ss. County of Orange ) On 19 before me a Notary Public personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ZIP— WITNESS my hand and official seal. ATTEST. Signature of the Notary Bye � City Clerk BYMayo Mayor /C/V -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 9/28/99 , before me, Alice Jean Darrow, Notary Public Dab Name and Title of OMW(e.g..*Jane Doe.Naary Publin personally appeared Susan Novak NamNa)of So"S) 3 X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(%) isles subscribed to the within instrument and acknowledged to me that JWsheMmV_executed the same in )Wher/tom authorized capacity(ft), and that by Me/herdtkaft signature(s)on the instrument the person(s),or r I�SSEAOFlOA ALICE JEAN DARROW the entity upon behalf of which the person(s) V COMM.#1168018 acted, executed the instrument. NOTARY PUBUC-CAUM11NIA p M ORANGE On.n 2o02i WITNESS my hand and official seal y Comm.Ep Place NO" Above of Nft9 PubMc Title of Type of Document Easement Deed & Agreement -_ Orange County Flood Control District to the City of Huntington Beach-Ocean View Channel THIS CERTIFICATE Numberof Pages: 3, plus exhibits A & B MUST BE ATTACHED C*wityofsigw Assistant Clerk of the Board of Supervisors TO THE DOCUMENT DESCRIBED AT RIGHT Signer Represents: County of Orancre Signer(s)Other Than Named Above: ------------- CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of County of T + On V -2/ a 000 before me, 0«''6Am9V 4Ar4!19 . AbACWV Name and Title of O ' r(e.g.,"Jane , of ry Public") personally appeared -Azwk- /'+ft&.Pvi0&1* 4•x.,d Brrck,w Name(s)of Signer(s) personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the perso�s whose name are ubscribed to the ithin instrument and acknowledged to me that they executed the same in h' their uthorized capacity and that by their ignaturaoon the instrument the persollim or the entity upon behalf of which the persorO acted, executed the instrument. ELIZABETH EHRING Commission# 1150021 z WITNESS my hand and official seal Notary Public-California + Orange County I. My Comm.Expires Aug 29,2001 Signature of-Notary Pkblic 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 Documen p 'lo:, Title or Type of Document: "e-" ,e,w DAGot a &gdL Aq Document Date: ' •Z-I �zovft Number of Pages: Signer(s) Other Than Named Above: � Capacity(ies) Claimed by Signela i0 Signer's Name: . ✓lam Signer's Name: C&nemG Q 48I"D I` ❑ Individual ❑ Individual ly Corporate Officer N Corporate Office Title(: Title(e. ❑ Partner—❑ Limited ❑ Gfeneral ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: T of thumb here ElOther: p of thumb here I Signer Is Representing: Signer Is Representing: L. ©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 EXHIBIT A .. FOR EASEMENT DEED BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUNTINGTON BEACH AN EASEMENT FOR STREET AND HIGHWAY AND PUBLIC UTILITY PURPOSES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS SHOWN ON A MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, BOUNDED NORTHERLY BY THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JANUARY 28, 1963 IN BOOK 6409, PAGE 684, OFFICIAL RECORDS, BOUNDED WESTERLY BY THE EASTERLY LINE OF THAT CERTAIN EASEMENT DESCRIBED IN A DOCUMENT TO RIVER MEADOWS APARTMENTS RECORDED JANUARY 15, 1988 AS INSTRUMENT NO. 88-022135, OFFICIAL RECORDS, BOUNDED SOUTHERLY BY THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DOCUMENT TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED NOVEMBER 16, 1962 IN BOOK 6325, PAGE 906, OFFICIAL RECORDS AND BOUNDED EASTERLY BY THE EAST LINE OF SAID SECTION 24 AS SHOWN ON PARCEL MAP NO. 84-1204 FILED IN BOOK 198, PAGES 48 TO 50, INCLUSIVE, OF PARCEL MAPS, ALL RECORDS OF ORANGE COUNTY, CALIFORNIA. CONTAINING 3880 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 0. _ GORDON D. EDWARDS, PLS 6678 LS.6678 � EXPIRES 6-30-2000 Elp.6,9o-20M �f MARCH 3, 1999 OFCALXf JN 97.698 698ESM1.00C , . � • �� EXHIBI T 8 SHEET 1 OF 1 SHEET FOR EASEMENT DEED 1 BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO THE CITY OF HUN77NGTON BEACH ^� �v d N h ti o ti =� v O EAST LINE SEC77ON 24 T5S,R11W �EIMJ r Q SA— 'r — 4 o N'LY LINE OF 64091684 O.R. :2 7.r8Z1a.F99jNJ EASEMENT FOR STREET N89321"W 42011" 61.E �AND HIGHWAY PURPOSES o N8932 38 W �64091684 O.R. �o 0 El Y LINE OF 88-022135 O.R. ^'t 6325/906 O.R. 57.98 - Q - pAlaPA. Es1 Tz� � O S'L Y UNE OF 6325/906 O.R. Q :2 1 1:21 cam, A 8� : VARIES 3 SCALE 1'=50' �L D.Fps LS.e678 * EV.6-30-2000 OF CAL': Q PREPAM UNDER MY RE SvpDawstoN frORO W D. EDWARDS PLS 6678 DATE EIS fM Ja 2= REV.- J--99 &YAMN Engineering STREET AND HIGHWAY EASE,IIENT Civil . Snrv,, Planning 18 Techn'®CA Drive,618 te 100 POR77ON OF SEC77ON 24 73SR11W M.M. 51/13 DALE: 6-22-98 949-753-9393 V,A46. FAX 949-753-9322 aTY cF HuNnNcrav BEACH �ov 9s-698 �''C JAGIOj„C6Sj6.A8Tj69�9I1.OMC 1A 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 September 21, 1999, from Orange County Flood Control District 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: December 13, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: J e e Case utv g:\followup\deedcert/deed 5702/State (Telephone:714-536-5227)