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HomeMy WebLinkAbout2005-07-12 - Easement Calvary Chapel Huntington Beach Recorded in Official Records, Orange County \) RECORDING REQUESTED BY ) I Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: ) il��I���� �������I�����I�������i�(O��I���I�I�O�������������������������NO FE E City Clerk 2005000945597 08.06am 11/28105 211 96 E02 9 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 ) -- - — --- -------—- ---- Space above this line for Recorder's use.] r This document is exempt from recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged �►F✓ (� &,A,�,3c.,"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 N to CITY, whenever and wherever necessary for the purpose of laying, constrccting, 0 reconstructing, renewing, inspecting, maintaining, operating, - repairing, enlaggie, m � c: replacing and using said water transmission and delivery line or lines. o r,., m G�; Co. > :. agree/citywide/specil utility easement 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 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 and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. agree/citywide/specil utility easement 2 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 S ecial Utility Easement has been executed by the Grantor herein this I Z day of T`/�- 2005 . GRANTOR CITY OF HUNTINGTON BEACH, a municipal I co oration of the State of California By: /4LY�I t�cYD / printiname Director of Public Works ITS: (circle one)Chairman/Presiden tce President ATTEST: By: Z;�& 1 �r`y `�d k-,- / — City C ART!><u9 P. DM L 2 (PURSUANTTORESOLU ONNO.2003 print name ITS: (circle one) ecreta ./Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer � C City AtPorney REVIEWED AND APPROVED: &11� � �6�4-4 City Administrator agree/citywide/specil utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT" State of California County of ����1� ss. Ons before me, to Name and Ttle of Officer(e.g. "Jane Doe,Notary Public" " personally( pearedV )Z� Names)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso whose names/pFe 61, subscribed to `<the within instrument and DAt4 BOSS acknowledged to me that he/s y executed Commission#136"15 Z the same in his1-1WV I authorized Z Notary Public-California capacityp j4, and that by his/Wr/jAdT Grange County signatureo�on the instrument the person or MY Comm.Expires Aug 9,2006 the entity upon behalf of which the pers (aj, VP W-mr-RF-IMP-43 a ed nt. WI ESS my ha d an off ici seal. Signature Pf Notary eAlic 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 Title or Type of Document: 9eic,A i �A��A hi-_� — Document Date: [Z (( rr Number of Pages: Signer(s)Other Than Named Above: .J W Capacity(ies) Claimed by Signer Signer's Name: ❑ Ifl idual Top of thumb here 50Corporate Officer—Title(s): � ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: � p Signer Is Representing: C^o.lu .ni i rl"i ►r "yd 0 1999 National Notary Association•9350 be Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•v .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT" State of California County of O �-^j� ss. On ..1 L`-7 12,e before me, Date I Name and Title of Officer(e.g.,"Jane Doe,Notary Public") - personally appeared AL-y^I Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person/ whose name�is/fie' subscribed to tIfe within instrufnent and Jim acknowledged to me that he/skgpey executed DAN ROSS the same in his/Wtheir authorized Commission#1354415 capacity(IW, and that by his/baeFJFFr>Sir i Notov;Public-Cellfomiet signatur the instrument the persorti(5j or My C,vrrrn.F�in3s Aug orange COug 9,2t305 the entity upon behalf of which the person(2r acted, executed the instrument. WI NESS m ha and offi ' I 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 Title or Type of Document: �j� Document Date: (aJ r— Number of Pages: .� Signer(s)Other Than Named Above: C� -� Capacity(ies) Claimed by Signer Signer's Name: VICULIM HO ❑ InnX(dual p Top of thumb here C3-Corporate Officer—Title(s):�f,!_c�1 /ic• ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: " yarc. C'.h0.rR�\ �T1•.(4 jy�1 ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 i EXHI IT"A" WATERLINE EASEMENT r 7800 EDINGER AVENUE IN THE CITY OF HUNTINGTON BEACH A.P.N. 142-111-34 i THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH,RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 51, I PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY,DESCRIBED AS FOLLOWS: i BEGINNING AT THE NORTHWEST CORNER OF PARCEL I OF PARCEL MAP NO. 92-218 € AS SHOWN ON A MAP FILED IN PARCEL MAP BOOK 278,PAGES 5 AND 6 OF PARCEL MAPS,RECORDS OF SAID COUNTY'THENCE,ALONG THE WESTERLY LINE OF SAID r PARCEL 1, SOUTH 00°44'21"EAST 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EDINGER AVENUE AS SHOWN ON SAID PARCEL MAP;THENCE,ALONG SAID SOUTHERLY LINE, SOUTH 89°24'54"WEST 106.35 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE,LEAVING SAID SOUTHERLY LINE, SOUTH 00°35'06"EAST 11.72 FEET; THENCE, SOUTH 89°24'54" WEST 55.38 FEET; THENCE, SOUTH 00°00'25"EAST 159.63 FEET; THENCE,NORTH 89015'37"EAST 12.90 FEET; THENCE,NORTH 00037'59" WEST 14.60 FEET; THENCE,NORTH 89022'01"EAST 10.00 FEET; THENCE, SOUTH 00°37'59" EAST 24.58 FEET; THENCE, SOUTH 89°15'37"WEST 73.08 FEET TO THE WESTERLY LINE OF THE EAST 554 FEET OF THE NORTH 630 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE,ALONG SAID WESTERLY LINE,NORTH 00°44'21" WEST 10.00 FEET; THENCE,LEAVING SAID WESTERLY LINE,NORTH 89°15'37"EAST 40.20 FEET; THENCE,NORTH 00000'25" WEST 171.38 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF EDINGER AVENUE; THENCE, ALONG SAID SOUTHERLY LINE,NORTH 89°24'54"EAST 65.26 FEET TO THE TRUE POINT OF BEGINNING. j s CONTAINING APPROXIMATELY 3,239 SQUARE FEET. i SUBJECT TO COVENANTS,CONDITIONS,RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. E ALL AS SHOWN ON EXHIBIT"B", ATTACHED HERETO AND MADE A PART HEREOF. DESCRIPTION PREPARED UNDER THE SUPERVISION OF: ENO SL9` d_ J JOSEPH G JO H.G. TRUXAW, P.L.S. 6871 TRUXAW * NO.6871 Exp.9-30-2W6 1AWORD6\F1LES\CLV04008\WATER LINE EASEMENT'.DOC .9 �oFc� EDINGER A VENUE EXHIBIT "B" N8924 54'E 589.88' -EX15T PUBLIC WATER L1/VES -- `JJ �_... __....- b NGj .P.O.B. o R/w N89 24 54'E; 65.26' 214.00' Z E Q 42.39' i N00'35'06"W } 55.38' 11.72' I3 N892454'E 10' ! wm fill/, y 0 ANZz GJOSEPH G. OL i TRUXAW ID: I j No. 6871 *' AREA OF EASEMENT t SAP EXP. 9-30-loos Q Lo co i N N �OF„C Ap Q N ' 00 � icy �117 j. 2 ty N i WESTERL Y LINE OF EAST 554' o o /� w z OF THE NOR TH 630' OF THE z z a a E N.W. 114, N.E. 114, N.E. 114, SEC. 23, T.SS, R.11 W. S.B.M. N0037'S9"W i N89 22'01 E ! M.M. BOOK 51, PAGE 13. 14.60' 10.00' N89'15 37'E N00'44 21"W 40.20' N00 3759"W 1 D.00' 24.58' # BASIS OF BEARINGS THE BEARING OF NDO 44 21"W FOR THE 73 08 N89' '15 E CENTERLINE OF PARKSIOE LANE AS SHOWN N89'15 37'E ON PARCEL MAP NO- 92-218, FILED /N 12.90 PARCEL MAP BOOK 278, PAGES 5 AND 6 PORTION v y OF PARCEL MAPS, RECORDS OF ORANGE N.W. 1/4, N.R. 1/4,. N.E. 1 /4, q COUNTY, STATE OF CALIFORNIA, WAS USED SRC. 23, T.5S., R.1 1 W., S.B.M. # AS THE BASIS OF BEARINGS FOR THIS M.M. 51 /13 0 PLA T. RECORD DATA NOTE: , DATA SHOWN HEREON IS RECORD PER PARCEL MAP 3 NO. 92-218, FILED /N PARCEL MAP BOOK 278, W PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE g `i OF THE COUNTY RECORDER.. AO NORTHWEST CORNER OF PARCEL 1 OF PARCEL m NOTE: MAP NO. 92-218, P.M.B. 278, PAGES 5 AND 6 g AS DESCRIBED ON THE A TTACHED EXHIBIT "A" OF PARCEL MAPS AND BY THIS REFERENCE MADE A PART HEREOF. AREA OF EASEMENT = 3,239 SQUARE FEET Prepared by. WATER EASEMENT -Jos*h G Tiumw and Assodate% Ina 7800 EDINGER AVENUE, HUNTINGTON BEACH, CALIFORNIA Civil Engineers and Land Surveyors DRAWN: TVD CHKD: JGT 265 S Mlta Ortm Suite ill,Orongq(714)9J5-a265 DATE: 1-6-04 DATE: 1-6-05 EXHIBIT "A" WATERLINE EASEMENT 7800 EDINGER AVENUE IN THE CITY OF HUNTINGTON BEACH A.P.N. 142-111-34 i THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF .THE NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 92- 218 AS SHOWN.ON A MAP FILED IN PARCEL MAP BOOK 278,PAGES 5 AND 6 OF PARCEL MAPS,RECORDS OF SAID COUNTY; THENCE,ALONG THE WESTERLY LINE OF SAID PARCEL 1,NORTH 00044'21"WEST 5.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE,LEAVING SAID WESTERLY LINE, SOUTH 89°24'54".WEST 29.39 FEET; { THENCE,NORTH 00035'06"WEST 50.39 FEET; THENCE,NORTH 89024'54"EAST 10.00 FEET; THENCE, SOUTH 00035'06"EAST 40.39 FEET; THENCE,NORTH 89024'54"EAST 19.37 FEET TO SAID WESTERLY LINE OF PARCEL 1; THENCE, ALONG SAID WESTERLY LINE, SOUTH 00044'21" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. i CONTAINING APPROXIMATELY 698 SQUARE FEET. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS,RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. ALL AS SHOWN ON EXHIBIT"B", ATTACHED HERETO AND MADE A PART HEREOF. LEGAL D CRIPTION PREPARED UNDER THE SUPERVISION OF: t 4 1 - � �S�O 1,AN0 Sv9` J S PH G. TRUXAW, P.L.S. 6871 JOSEPH G 0 TRUXAW * NO.6871 9 Exp.9-Z2006 1:\WORD6\FILES\CLV04008\LEGAL-WATER LINE.DOC EXHIBIT T" SCALE- 1' = 10' FOR. NX 1/4, N.E. 1 /4, N.E. 1/4 N0035'06"W 50.39' W EXIST PUBL fC ; WA rEPr LtILi YP o h Qj <' Y IE ( 2 2 4 N N0035'06"W 40.39' AREA OF EASEMENT "o SEC. 23, T.5S., R.1 1 W., S.B.M. M.M. 51 /13 P.O.B. W S.W. CORNER OF o N WESTERL Y LINE OF PARCEL 1 OF PARCEL 1 OF P.M' z a, PARCEL MAP No. 92-218, P.M.B. 92-218, P.M.B. 278 z 278, PAGES 5 AND 6. 5 AND 6. � . Z! 10.00 N00 44'21"W PARCEL 1 Q W o o N T.P.0.6. PARCEL MAP NO. 92-218 { P.M.B. 278 PAGES 5 AND 5 a lO to t W t PARKSIDE LANE NOO 44'21"W —� 630.00' BASIS OF BEARINGS OAND ,N, THE BEARING OF N00 44 W 21 FOR THE S�G CENTERLINE OF PARKS/DE LANE AS SHOWN �,�� JO G. Foy% ON PARCEL MAP NO. 92-218, FILED IN = W '0= PARCEL MAP BOOK 278, PAGES 5 AND 6 _* N 71 *_ OF PARCEL MAPS, RECORDS OF ORANGE =J+ 2006 �r g COUNTY, STATE OF CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS PLA T. RECORD DATA NOTE: c i NOTE: DATA SHOWN HEREON IS RECORD ER PARCEL MAP AS DESCRIBED ON THE ATTACHED EXH/Bl T "A" NO. 92-218, FILED IN PARCEL MAP BOOK 278, AND BY THIS REFERENCE MADE A PART HEREOF. PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. AREA OF EASEMENT = 698 SQUARE FEET Prepared by. WATER LINE EASEMENT. —Jos* C Truww and Associates, Inc 7800 EDINGER AVENUE, HUNTINGTON BEACH, CALIFORNIA Civil Engineers and Cond Surveyors DRAWN: CL CHKD: JGT 265 S Mita&hm SM.111,0—g4 04)915-0265 DATE: 1-6-05 DATE: 1-6-05 i