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HomeMy WebLinkAbout2002-08-26 - Grant JOHN A. THOMAS AND LINDA L. THOMAS 7 �► . Not cc rnpared with Original RECORDING REQUESTED BY: _ _- _---- --- - CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH Recorded in Official Records, County of Orange http://wnv.ci.huntington-beach.ca.us Darlene (Bloom, Interim Clerk !-iRecorder Q BOX 190 MAIN STREET H BEACH Ii�Ill�ll�l�I��I�IINOI�I�'IlI�III'���i����i���IIIIIII�I���O FEE HUNTINGTON BEACH CA 92648 20020713976 02:52pm 08/26/02 WHEN RECORDED RETURN TO: L109 45 Eo1 15.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 John A. Thomas 6741 Pimlico Circe_ Huntington Beach , CA 92648 . APN : 110-511-01' (Space above line for recorders use only) This document is solely for the official business of the'Clty �6 of Huntington Beach, as conteni- plated under Government Code Sec. 6103 and should be read �'� • f free of charge. GRANT OF EASEMENT THIS'GRANT OF EASEMENT (this "Agreement") is made and entered into as of the 4th day of March 12002, by and between THE CITY OF HUNTINGTON BEACH, a California municipal corporation (".Grantor") and John A. Thomas and Linda L. Thomas-, ( collectively, "Grantee"). RECITALS A. Grantor is the owner of that certain real property located in the City of Huntington Bich, County of Orange, State of California described on Exhibit A attached hereto and shown on Exhibit B attached hereto and each made a part hereof(the"Easement Area"). B. Grantor desires to grant and Grantee desires to acquire an easement for the purposes described herein which will encumber the Easement Area. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement (the "Easement") over and under the Easement Area for the limited purposes and upon the teens and conditions set forth herein. Grantor reserves the right to use the surface or subsurface of the Easement Area for any purpose which does not materially impair Grantee's use of the Easement for the purposes set forth in this Agreement, including but not limited to,.the development and operation of the Easement Area in conjunction with the County of Orange as a portion of the Bolsa Chica Linear Park. 1 PDA:2001 Agree:Thomas—Grant of Easement-Final 2. Character of Easement,• Tennination and Assignment. The Easement is an easement in gross to the Grantee. The Grantee may assign its rights under this Agreement.. to any successor in interest'to Grantee under that certain oil and gas lease described in Exhibit C attached-hereto and made a part'hereof(the `Bolsa Chica Lease"). The tern of this Agreement shall be coterminous with the term of the Bolsa Chica Lease (i.e., this Agreement shall automatically terminate and be of no further force and effect upon the expiration or earlier termination of the'Bolsa Chica Lease). In such event, Grantee (or its successors or assignees) shall deliver a quitclaim deed in recordable form evidencing such termination within five business days after written request by Grantor(or its successors in fee ownership to the Easement Area). Except as provided above in this Section 2, Grantee's rights under this Agreement may not be assigned or otherwise transferred. 3. Scope of Easement. The purposes and scope of the Easement shall be limited to (i) the operation and maintenance of the existing subsurface oil pipeline and fresh water pipeline within the Easement Area which services the operations under the Bolsa Chica Lease (the "Easement Improvements") and (ii) surface access to the Easement Improvements over the Easement Area. 4. "As=Is"Condition. Grantor expressly disclaims all express or implied representations and warranties as to the physical condition, value, fitness,.use, compliance with zoning or other laws, or any other aspect or matter relating to the Easement Improvements. Grantee has made all inspections regarding the Easement Improvements that Grantee deems necessary or desirable. Grantee accepts the Easement Improvements in their "AS-IS" condition. 5. Obligation to Maintain and Repair. Grantee and its successors and assigns shall, at their sole cost, (i) operate, maintain and repair the Easeement hmprovements, and (ii) repair any damage to the Easement Area arising from the use of the Easement. 6. Grantee's Indemnity. Grantee and its successors and assigns shall indemnify, defend, protect and hold Grantor and its successors and assigns and the Easement Area harmless from and against any and all,claims, suits,judgments, mechanics liens, actions, losses, obligations or liabilities (including without limitation actual attorneys fees of counsel approved by the indemnified party and costs of suit) of any type or nature arising out of or related to the use of the Easement Area or the Easement Improvements by Grantee or its successors or assigns. 7. No Interference with Park Development and Operation. Grantee . acknowledges that Grantor, in conjunction with the County of Orange, intends to develop the Easement Area as a portion of the Bolsa Chica Linear Park. Grantee and its successors and assigns shall not interfere, challenge or in any way hinder the development and operation of the park. Grantee and its successors and assigns shall make no claim of compensation against Grantor or any other public agency'regarding the development and operation of the Park. PDA:2001 Agree:Thomas—Grant offasement-Final IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "Grantor" "Grantee" CITY OF HUNTINGTON BEACH, �J A California corporation J A. Thomas Mayor Linda L. Thomas ATTEST: REVIEWED AND APPROVED: City Clerk W� APPROVED AS TO FORM: Administrator 0-11 ED AND PROVED:. City Attorney Pu i orks Director 3 PDA:2001 Agree:Thomas—Grant of Easement-Final CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cC- - - - >G sS C G�: t �_SC cC GE GC GC G( o;Y State of California ss. County of On 4L1 before me, L( LWLu A: 17. Date Name and le of Officer(e.g.,"Jan Do(glary Publ "II appeared ( . �� CZ�� (2 personally r-✓iti t- li ((�t ona Y ppe �l/'v` _ I C' Name(s)of Signer(s) - (�y1� personally known to me . r; ," ❑ pr asis=e#-sattsf2etery �� ev+dence to be the person( whose nametT)4&4,je . subscribed to the within instrument and t 'upANELSON<<� A- acknowledged to me.that e executed t1+UPA P.- Commision 1726066 the same in htafher/ ei authorized NotcQyPubiic-Confomia capacity , and that by eir ° ) rS Z orange minty signaturEs 'on the instrument the person( or My Comm.bq* s1u123,200.i the entity upon behalf of which the persons) acted;executed the instrument. „ WITNESS y 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 rrS fraudulent removal and reattachment of this form to,another document. Ii Description of Attached Document S Title or Type of Document: Document Date: �� ��v1- Number of Pages: �- Signers)Other Than Named Above: .�o�� PcL.u,c Capacity(ies) Claimed by Signer I Signer's Name: ��i�!)�J C 2. tom , ❑ Individual _ AA // /t Top of thumb here . Corporate Officer—Title(s): F s ❑ Partner—❑ Limited ❑General VV_ 0 Fact- D. t Trustee - f ❑ Guardian'or Conservator I ❑ Other:_ a i, Signer Is Representing: I 'lit/LPPL L ®"1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatswoah.CA 91313-2402•—nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 9-800-876-6827 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 Ss. 3 County of G `I X On �`)� l ' 3 l , a--ou2_ before me, 9/71 Date Nane ar.-_fa of Officer(e.g.,"Jane Doe, tary Public") personally appeared . 2v,14S S _ - Name(s)of Sig­_-(s) - r� [personally known to me j�slI ❑ proved to me .on the basis of satisfactory f evidence to be the persoq<whose nameKgare subscribed to the within instrument and acknowledged to me that Y�s she/they executed CONNIE BROCKWAY the same in gher/their authorized commission01335148 Z capacity4es4, and that by 0her/their Z ..® Notary Public-Calitnmia > signature(aj'on the instrument the person(�r, or z Orange County the entity upon behalf'of which the person(sl fy� MY Comm. 'res Dec 16 2004 acted, executed the instrument. WITNESS my hand and official seal. ZL5>�iu Signa re 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 �i fraudulent removal and reattachment of this form to another document., f Zy ,S Description of Attached Document I ' Title or Type of-Document: Document Date:/"�I �J)d 2— Number of Pages: Signer(s) Other Than Named Above:Z/r1�i-�-- 2!!h,j,4 t-ff r Capacity(ies) Claimed by Signer Signer's Name: . —50 /� • �cn 9—S AIndividual Top of thumb here 0 Corporate Officer—Title(s): ❑ Partner Limited General ID Attorney-in-Fact ( ❑ Trustee ❑ Guardian or Conservator �t I Other: ' I, Signer Is Representing; �1 O 1999 National Notary.Association•-350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnot-,.org _ Prod.No.5907 Reorder:Calf Toll-Free 1-800-876-6327 CALIFORNIA ALL-PURPO ACKNOWLEDGMENT K�roc(ce cc�c C crc C Gt c �-��. CC��e l3cc c�crcCCCC � CCs ll crcl r f CONNIE a issR Comm ep c�c o kv OCKWAy Notary Pubic-California z ?' State of h orange county My Comm.Expires Dec 16,2005 ) ;. .County of D/1 �- On f t2 before me, ( Oi��/� �y��c -; Date - / - Name and Title of Officer(e.g.,"Jane Doe,Notary Public") " sred er o nall p y appea Name(s)of Signer(s) El personally known tome—OR— proved to me on the basis of satisfactory evidence to be the person( . whose name(anare subscribed tolie within instrument and acknowle ged to me that he/ he/they executed'the same in hisoee their authorized capacity(Ees , and.that by his&e. /their signatureKon the instrument the persons - =— or the entity upon behalf of which the person'Kacted, CONNIE BROCK'"Y executed the'instrument. Commission#1335145 -,� Notary Public-CgGfornia Z Orange'County WITNESS my hand and official seal �S My Con".Expires Gec 16,2001 - Signature of Notary P c O I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S 'hh fraudutent.removal and reattachment of this form to another document. Description of Attached Document 0 . Title or Type of Document: 1r���✓� . Document Date: �lW' Number of Pages: �xh (Z) Signer's) Other Than Named Above: ::50 ti Capacity(ies) Claimed by'Signer(s) ` Signer's Name: ✓�l h/./¢ � U��i / Signer's Name, Individual El Individual ❑ Corporate Officer ❑ Corporate Officer Title(s):, Title(s): El Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ; ❑ Trustee ❑ Trustee - Ih ❑ .Guardian or Conservator ❑ Guardian or Conservator r; ❑ Other: Top of thumb here ❑ Other: Top of thumb here 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 4 PDA:2001 Agree:Thomas—Grant of Easement-Final EXHIBIT ,4 EXMBTT `A' LEGAL DESCIEUPTION FOR PIPELINE EASEMENT THAT PORTION OF LINEAR PARK — PARCEL 5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED MAY 14, 1995 AS, INSTRUMENT.NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY ' OF ORANGE, STATE OF CALIFORNIA. INCLUDED WITHIN A STRIP OR LAND 10.00 . FEET IN WIDTH, THE CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.:' BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL'5 WITH A LINE THAT IS PARALLEL WITH AND 26.00 FEET. SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1 AS SHOWN ON THE MAP FILED IN BOOK 42, PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 890 18' 15" WEST 161.49 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK—PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED. SO AS TO TERMINATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK — PARCEL 5. DMA` L ANp \_NNE a oQ �y`� 0 No. 3347 Lp Exp. 6-30-04 OF C A��� wss EN & LEGAL DESCRIPTION OCIATES FOR PIPELINE EASEMENT CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS W.O.No. 0808-388-1 Date07/1.8/00 2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 (949)660-0110 FAX:660-0418 Eng. J.W. Chk. D.W. Sheet 1 of 2 EX1rt01T `A' • LEGAL DESCRIPTiO N FOR WATERL11"iE EAS' NL EN7' THAT PORTION OF LINEAR PARK PARCEL .5 AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED, MAY 14, 1995 AS INSTRUMENT NO. 95- 0102558, OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF ORANGE, STATE OF CALIFORNIA- INCLUDED WITHIN A STRIP OR LAND 20.00 FEET IN WIDTH, THE- CENTER LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LINEAR PARK - PARCEL 5 WITH A LINE THAT IS PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 1.AS SHOWN ON THE MAP FILED IN BOOK 421 PAGE 25 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 89" 18' 15" WEST 151.62 FEET TO THE WESTERLY LINE OF SAID LINEAR PARK-PARCEL 5. THE SIDELINES OF SAID STRIP ARE TO BE .LENGTHENED OR SHORTENED SO AS TO TERIVONATE AT THE EASTERLY AND WESTERLY LINE OF SAID LINEAR PARK - PARCEL 5. - JWDENr & LEGAL DESCRIPTIOI�ISOCZATES FOR VIATERLINE EASEMENT CIVIL ENGlil`EM_PLANN RS—LAND SURVEYORS W,O. No. 0808-388-1 Date 07/1.8/0 13012 C01Yw.SUrrE'-I0•IRVINE.CA 92e14 End. J.W. Chk. D.W. Sheet 1 of 9491660-0110 FAX:GG0 Oats 6Z SI cc� 6t _nr i 0d EEL EXHIBIT B WESTC& LINE OF GiTY OF HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER MST. NO. 95-0102558 OR. n,Ir A e-)I� L.I 7 10,00n �I <9 EASTERLY LINT OF CITY OF ' C3 nI kLrL.L. :., p z I 3 HUNTINGTON BEACH PROPERTY GRANTED 03/14/95 PER MT. Z ND. 95-0102558 OR. cr m cc o I SCALE: 1`100' 2G.00 \�yAt LANp `',O SANE �9loG�GF u No. 3347 I ^ u" s Ezp. 6-30-04 n N t9lF OF C J 0 N EDWARDS STREET N 0051'2G, W ~ G59.96' a ALDEN & EXHIBIT TO SKETCH TO AGGOMPANY A S S O CIATE S LEGAL DESGRIPTION FOR PIPELINE EA SEMM 18012 COWAN, SUTTE 210, IRYINE, CA 82714. W.O. No- 0808-358-001 Date 071181 (714) 660-0110 FAX: 660-0418 En r._ -lHL —Chk. D.W. Sheet-L-Ofj WE5TERLY LINE'0� GI OF HUNTINGTbN BEACH PR RT7 GRAFTED 0..3/14/Q5 PE IN5T. NO. 45-0162558 O.R. i L, EASTERLY LINE OF GIT7 OF P"E)t-rt HUNTINGTON BEACH PROPERTY GRANTED 03/14/95. PER INBT. N0. -0102558 `OR. + i b .1 5GALEr 1'=100' Ei ~ •'� ��L)� at <<' i t QJU No. 3341 I Exp. 5-M-04 lF 0F EDWARD5 5TREET ` N 005176' W �" 659:96' d d , ALDEN & EXHISIT "B' sYETGH TO ACCOMPANY A • SSOCIATES LEGAL DESCRIPTION FOR WATER LINE E45EMW .18012 COWAN, SUITS 210, IRVIn, CA 92714 ' W.O. NO 080875I -OOI Date_071 (714) 660-0110 FAX: 660-0418 En r.—lE,_Chk.-2H Sh86t—.2-- 6Z:SI CEO, 6S -illy Sod ZE.L EXHIBIT C EXHIBIT "C" BOLSA CHZCA -LEASE An Oil and Gas Lease dated January 1, 1920, executed by Bolsa Land Company and Bolsa Chica Gun Club, as Lessors, an Standard Oil Company, as Lessee, and recorded February 14, 192 in Book 19 , Page 168. of Leases, of Records of Orange County, California, as amended by that instrument executed by Bolsa Land Company and Standard oil Company of California recorded December 23 , 1941 in Book 1126, Page 1 of Off icial Records, an as further amended by that Line Well Agreement executed by 'Huntington Beach Company, Edward R. Valentine, and Standard-Oi Company of California recorded September 22 , 1965 in :Book. 76.7E Page 794 of Official Records, which covers the following described property: Being a portion of Section 34 , Township 5 South, Range 11 West In the County of Orange, State of California, as shown on the map recorded in Book 51., Page 13 of Miscellaneous Maps, Records of said County, more particularly described as follows: Beginning at the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34 ; thence north 1591. 66 feet; thence south 51'.27100" west 2281 . 17 feet;. thence south 2150 feet,' more .or less, to the north line of the South Half. .the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 34 ; thence east 818 feetv thence north 1320 feet; thence east 330 feet; thence north 660 feet; thence east 660 feet to the point of beginning. Excepting therefrom that portion of the above mentioned parcel described as follows: Beginning at a point in the easterly line of that certain parcel of land described as "Parcel 1" in Amendment to Oil and Gas Lease, recorded December 23, 1941,. in Book 1128 , Page 1 of Official Records, in the Office of said Recorder, said point lying north 1091. 661 from the southeast corner of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of said Section 34; thence along the boundary of said "Parcel 1" by the following courses and distance: north 500 . 001 , west 20 . 00 ' and south 51*27100" west 605. 01' ; thence south 76*00100" east 508 .2.61 to the point of beginning; consisting of 2 .74 acres, more or less,. EXHIBIT "C"