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Home My WebLink About2003-05-29 - Easement PLC/LYON WATERFRONT RESIDENTIAL LLC '. 40 jRecorded in Official Records, County of Orange } RECORDING REQUESTED BY ) I Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII II NO FEE > 2003000700035 01,40pm 06/16/03 City Clerk ) 211 95 E02 s # City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 This document is sole0y f, [Space above this line for Recorder's use.] )� otlSfioOel business of the CKV �� y This document isexem t$om � of H 6ntingtoh Beach, as cont P , plated i ider Government Code recording fees pursuant to 6 I } !�� Sec. 6103 and Should be recorded Government Code Section 6103. free.ofchar "F— �n SPECIAL UTILITY EASEMENT AGREEMENT ( � For valuable consideration, receipt of which is hereby acknowledged FL41 vioN. Wvvs f- JT- (hereinafter "GRANTOR") hereby grants and conveys to the City of Huntington Beach, a municipal corporation•of the State of California, .(hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full , width as described on Exhibit A (attached hereto and incorporated by this reference), and made a part hereof, and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, 03agree/specil utility easement/3/24/03 constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said,water transmission and delivery line or lines. Grantor retains the right to use the surface areas and the non-exclusive: right to use the . subsurface areas of the easement and right of way in such manner as Grantor shall deem proper. Grantor may request CITY to change or relocate CITY's water mains or any, equipment incidental thereto, at .Grantor's expense. In the performance-of any of.the work which CITY.is. authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions without prior written approval from the CITY. There shall also be no less than 20 feet of clear vertical space immediately above the,surface areas of the easement measured from finished ground level, nor shall any trees be located within, or overhand,into the easement ground.area. The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a . minimum of inconvenience or hardship. CITY accepts the easement and right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein.granted and use the same ,for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement, CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement 03agree/specil utility easement/3/24/03 2 treatments other than asphalt concrete; any landscaping, and any landscape irrigation facilities which shall be the responsibility of Grantor; (c) Have no obligation for maintenance, repair or replacement of enhanced pavement treatments,landscaping or irrigation facilities; and (d): Hold.Grantor zrid other usersof the easements harmless against-all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. In its use of the easement.and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. IN WITNESS WHEREOF, this Special Utility Easement has been executed by the (AA, rn Grantor herein this_� day of / ' l a�a 200-3 GRANTOR APPROVED AS TO FORM: By: ` -Ac-1•t,AiG4tpr1cL-�1�1�kcN17%C City Attorney3 print name ITS: (circle one) Chairman/President/Vice _ President /y , � Y Director of Public Works By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: C' Administrator 03agree/specil utility easement/3/24/03 3 PLC/LYON WATERFRONT RESIDENTIAL LLC,A Delaware limited liability company By: PLC WATERFRONT LLC, A Delaware limited liability company By: PLC Homes LLC, A Delaware limited liability company By: Its: By: Its: By: LYON WATERFRONT LLC, A Delaware limited liability company By: WILLIAM LYON HOMES, INC., a California corporation By: ,�,�—� Its: " [IIU"dSTiQIT U M11-- By: 70 its: a ora l AssisWnt Secretary "Waterfront" �19 State'of California ) County of Orange ) On /3 before me, K. Copeland, Notary Public, personally appeared 6P��Q�or S�� l personally known to me / evide-ee-to be the person whose nameNis/ar,--subscribed to the within instrument and acknowledged to me that he/ahetthr7 executed the same in his/hef4heif authorized capacity(ies�,- and that by his/lk44heir signature(es on the instrument the person(s�,or the entity upon behalf of which the person(#acted,executed the instrument. r K. COPELAND WI S my hand and official seal. (� COMM.#1409904 U NOTARY PUBLIC-CALIFORNIA �. ORANGE COUNTY" n MY COMM.EXPIRES APRIL 8,2007 STATE OF CALIFORNIA ) ss. COUNTY OF OA4, P — ) On_ -2 2003, before me, Robeft K , Notary Public, personally app;arW Chflstoph®t C. Glb s ae8 O'Bannon personally known to me ( ,Ye-basis-af-mtisfactory-evklenee)-to be the person(s) whose name(s) is ee ubscribed to he-within instrument and acknowledged to me that he/sh ey executed the same in their uthorized capacity(ies), and that by his/heir gnature(s) on the instrument-the-persons -or.the.entity,upon behalf of which the person(s) acted, executed the instrument. - Witness my hand and offici 1 seal. OFFICIAL SEAL + ✓ ROBERTA M.KERN Notary Public NOTARY PUBLIC-CALIFORNIA COMMISSION#1283372 ORANGE COUNTY LID My Commission Exp.Dec.8,2004 [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On Ma, I1 2003, befo e me, US OJ IMena Vnd , Notary Public, personally appe d D 5 �Vl,�eln e l tD personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. A "" � Notary fublic OFFICIAL SEAL [SEAL] SUSAN E.MENARD • NOTARY PUBLIC-CALIFORNIA COMMISSION#1234018 C ORANGE COUNTY + _ ' �a�'' _ My Commission Exp.Sept.5,,2003 EXHIBIT "A" SPECIAL UTILITY EASEMENT AGREEMENT THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, OF THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS-MAPS, RECORDS OF THE COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF THE LAND SHOWN ON THE-MAP OF•TRACT NO:-1-5549-FILED_IN. BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS EASEMENTS "C", "D" AND "E" ON SAID MAP. 1 I EXHIBIT 'A' SPECIAL UTILITY EASEMENT BEACH BLVD TR 15549 MMB 842 /28-44 IC) Z" G 1 n = -200' QQ' 0 50, 100, 200, 400' GRAPHIC SCALE FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 PHONE (858) 554-1500