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HomeMy WebLinkAbout2006-08-17 - Easement Brookhurst & Adams, LLC (3) ORIGINAL RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) Recorded in Official Records, Orange County Torn Dale, Clerk-Recorder City Clerk ) 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE City of Huntington Beach ) 200600055112912:58pm 08/17/06 2000 Main Street ) 115 49 D•10 13 Huntington Beach, CA 92648 ) 0.010 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6glN - 16,5, - 05-/ - Q1p) O:� // Y-/.I� Space above this line for Recorder's use.] N.3g0*t'#Gt4-S7- v This document is exempt from L= �GfNT �L� recording fees pursuant to �q Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Brookhurst & Adams, LLC, a California limited liability company , (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 Clio-ew-1 9'er,i;%1ri`, 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, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. 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 Special Utility Easement has been executed by the Grantor herein this �'�� day of 200./ GRANTOR CITY OF HUNTINGTOIABEACH, municipal BROOKHU ST & ADAMS, LLC, a corporation of the State alifor i Califor mite d i ility company I By: L.C. Smull print name -Director of Public Works ic • ITS: (circle one)kkadmiuKkiftsiA Am kelp Manager ATTEST: By: /' .�.��� City erk Bruce Cowgill (PURSUANT TO RESOLUTION 2003-29) print name ITS: (circle one)S§wkjte��"w4Ni APPROVED AS TO FORM: Manager City Attor e WTI OU REVIEWED AND APPROVED: City Administr for agree/citywide/specil utility easement 3 M , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange I On May 11, 2006 before me, Dana A. Davis, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared L. C. Smull and Bruce Cowgill Name(s)of Signer(s) X personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the persodawhose nam& ' re subscribed to the within instrument and i ' acknowledged to me th the executed DANA A.DAVIS the same in heir authorized Commission# 1381326 Z capaci ies and that by his/her/their Z Notary Public - California >_ signatur n the instrument the perss or Orange County r the entity upon behalf of which the persoQ _ My Comm.E)pires Nov 19,2006 acted, executed the instrument. ITNESS hand and official seal. of Not bllc OP ZONAL Though the information below is not required bylaw,it may pro valuable to persons relying on the document and could prevent % fraudulent removal and reattachment o`f this form to another document. Description of Attached Document Title or Type of Document: Special Utility Easement Agreement Document Date: May 11, 2006 Number of Pages: 3 K Signer(s)Other Than Named Above: l Capacity(ies) Claimed by Signer Signer's Name: L. C. Smull & Bruce C mnill ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Xl Other: Co—Manag rs for Rrookhiirqt Arum. T.TiC Signer Is Representing: Brookhurst & Adams LLC ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•wwwnationalnotary.org Prod.No.5907 Reorder.,Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On aS7 .4 before me, Datd Name and Title of Officer(e.g.,°Ja(ie Doe,Notary Pubic") .1.�'personally appeared 1' O/ 4e) A-7V.6 srb4ol L. Gc Name(s)of Signer(s) ❑ personally known to me )S proved to me on the basis of satisfactory evidence to be the persoQ9 whose namf ss is/are subscribed to the within instrument and acknowledged to me that bz4-Ae/they executed the same in -hisfher/their authorized capaci ies and that by der/their P L.ESPARIA signaturEN on the instrument the persoro, or the Comily"M#1599179 entity upon behalf of which the persoros acted, Notary Pubpc-CGMMIa executed the instrument. Orange Canty My Comm.Expires Aug 4,2 W15 S my end d official seal. Place Notary Seal Above Signa re of Notary Pub 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 Documeen Title or Type of Document: /� a7-1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 110511, ilk, ❑ Partner—❑ Limited ❑ General N RI ElAttorney in Fact Top of thumb here ❑ Attorney in Fact ' NI ❑ ❑ Trustee Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF PARCEL 1 OF PARCEL MAP NO. 79-565 FILED IN BOOK 138, PAGES 1 AND 2 OF PARCEL MAPS; TOGETHER WITH A PORTION OF PARCEL 2, AS PER MAP FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; AND THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6 SOUTH, RANGE 10, WEST, IN THE RANCHO LAS BOLSAS ALL RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA,MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, AS PER MAP FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 88054'51" WEST A DISTANCE OF 151.64 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE, ALONG THE MOST NORTHWESTERLY LINE OF SAID PARCEL SOUTH 1°11'10" EAST A DISTANCE OF 24.63 FEET TO TRUE POINT OF BEGINNING; THENCE, LEAVING SAID LINE NORTH 88°48'50" EAST A DISTANCE OF 116.14 FEET; THENCE, SOUTH 1°11'10" EAST A DISTANCE OF 95.22 FEET; THENCE, SOUTH 23041'10" EAST A DISTANCE OF 62.72 FEET; THENCE, SOUTH 1°11'10" EAST A DISTANCE OF 222.08 FEET; THENCE, NORTH 88048'50"EAST A DISTANCE OF 10.93 FEET; THENCE, SOUTH 1011'10" EAST A DISTANCE OF 10.00 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 10.93 FEET; THENCE, SOUTH 1°l l'10" EAST A DISTANCE OF 314.31 FEET TO THE NORTHERLY LINE OF ADAMS AVENUE AS SHOWN ON SAID PARCEL MAP NO. 79-565; THENCE, ALONG SAID NORTHERLY LINE SOUTH 88048'50" WEST A DISTANCE OF 10.00 FEET; THENCE, LEAVING SAID NORTHERLY LINE NORTH 1°11'10" WEST A DISTANCE OF 45.50 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 34.25 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 34.25 FEET; THENCE, NORTH 1°11'l0" WEST A DISTANCE OF 26.70 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 30.34 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 4.50 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 1.66 FEET; THENCE,NORTH 1011'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 32.00 FEET; THENCE, NORTH Iol l'l0" WEST A DISTANCE OF 28.30 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 227.00 FEET; THENCE,NORTH 10I1'10" WEST A DISTANCE OF 49.75 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 9.00 FEET; THENCE,NORTH 19l'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 9.00 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 224.75 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 9.00 FEET; THENCE,NORTH PAGE 1 OF 2 101110" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 9.00 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 7.50 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 4.50 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 5.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 4.50 FEET; THENCE, NORTH I°11'10" WEST A DISTANCE OF 7.50 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 4.50 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 5.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 4.50 FEET; THENCE,NORTH 1011'10" WEST A DISTANCE OF 16.50 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 117.86 FEET TO THE EASTERLY LINE OF PARCEL 1 OF MAP FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG SAID EASTERLY LINE NORTH 1°19'35" WEST A DISTANCE OF 10.00 FEET; THENCE, LEAVING SAID LINE NORTH 88048'50" EAST A DISTANCE OF 0.14 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 11.67 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 5.00 FEET; THENCE, SOUTH 1°11'10" EAST A DISTANCE OF 11.67 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 122.74 FEET; THENCE, SOUTH 1°11'10" EAST A DISTANCE OF 336.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 217.00 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 409.40 FEET; THENCE, NORTH 23041'10" WEST A DISTANCE OF 62.72 FEET; THENCE, NORTH 1011'10" WEST A DISTANCE OF 3.80 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 22.57 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 22.57 FEET; THENCE, NORTH 1011'l 0" WEST A DISTANCE OF 73.41 FEET; THENCE SOUTH 88048'50" WEST A DISTANCE OF 26.87 FEET; THENCE, SOUTH 19l'l0"EAST A DISTANCE OF 16.48 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 1°11'10" WEST A DISTANCE OF 16.48 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 69.27 FEET TO THE MOST NORTHWESTERLY BOUNDARY LINE OF SAID PARCEL 2, AS PER MAP FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG SAID BOUNDARY LINE NORTH 1011'10" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 16,495 SQ. FT. (0.38 ACRES)MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: DAMES H.KAWAMURA R.P.E.N0. 30560 DATE( ;� o. -0 � Exp. 03/31/08 PAGE 2 OF 2 T C Ivi\ ,\ -�CFCALtiF�� SHEET 1 OF 5 ✓ q .�. C`��- �� EXHIBIT B � �� 77 SCALE: 1"=40' AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND :..• Tom' L' t ' � >>�? BY REFERENCE MADE APART HEREOF. �Ex;o. 03/31/08 NORTHEAST CORNER OF PARCEL 2 PER MAP RECORDED IN L BOOK 5, PAGE 42 OF PARCEL MAPS. 406.00' P/L S88'54'51"W _ 151.64' T.P.O.B. S88'48'50"W S01'11'10"E 26.87' 24.63' N88'48'50"E 116.14' NO1'11'10"W `u 10.00' S88'48'50"W 69.27' Et Fl,j\ll, 5/42 NO1'11'10"W `r N 16.48' S88'48'50"W co Lo PC CD Co N88'48'50"E N k 60' 22.57' © N01'11'10"W 10.00' EQ I I PART r I 2 P,J\l), 5/4 2 S88'48'50"W c:)j 22.57' Q NO1'11'10"W a'o, BASIS OF BEARING: 3.80' BASED ON THE CENTERLINE OF BROOKHURST N23'41'10"W STREET AS BEING N01'19'35W PER MAP RECORDED 62.72 IN BOOK 5, PAGE 42 OF PARCEL MAPS SEE SHEET 2 SHEET 2 OF 5 77 EXHIBIT 77 B AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND SCALE: 1"=40' BY REFERENCE MADE APART HEREOF. !'�pFESSJ���t�a .. ` BROOKHURST STREET BASIS OF BEARING: fn ,. o BASED ON THE CENTERLINE OF BROOKHURST 0 L1 R1W STREET AS BEING N01'19'35W PER MAP RECORDED ENo. ..3 31/08 IN BOOK 5, PAGE 42 OF PARCEL MAPS `qrc w CIS F C N w L `� 7Jn cn N p Cn lam? cn LZ �� m LD N C?Z cn m NO1'11'10"W 409.40' _ m cn E — 314.31' S01'11'10"E 222.08' P/L 403.92' rn cn 00 � � 8Z NN O� p p 800 J Gt c0 C9 c0 cl� U W O - C W - cn c O O p p m SHEET 3 EXHIBIT "B" moo.. . ..<<_ :n,y,•...,; ,�`�.>. l.. AS DESCRIBED ON THE ATTACHED EXHIBIT "A' AND BY REFERENCE MADE APART HEREOF. SCALE: 1"=40' �kf BROOKHURST STREET Exp. 03/3 /i — — — — 9�r\ OC o 1 385.57 4, SEE SHEET 4 01 01 `� L, 01 1 `? cn z m 41 OIL � � DRz D 00 �� �o 00 0 0 -1 - z N N z W m C rl Z `Z v J vi CJn CT z D p O O O o P L p c rri ::if � D / _ r � N O Z O � \❑ C o � S88'48'50"W �' 34.25' N01'11'10"W _ m 45.50' N01'11'10"W 409.40' m Ln m P/L Sol'11,10"E 314.31' E BASIS OF BEARING: ry z Ili z rnp goo BASED ON THE CENTERLINE OF BROOKHURST 4 0 CD STREET AS BEING N01'19'35W PER MAP RECORDED IN BOOK 5, PAGE 42 OF PARCEL MAPS o 0 SHEET 4 OF 5 EXHIBIT 77377 AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND BY REFERENCE MADE APART HEREOF. SCALE: 1"=40' BROOKHURST STREET 0 R/W `l? co o 00 o o o 09 o� C Ul �� o f � � I 0 0 0 o t cWn (?Z t11 l— Ch N N01'11'10" 'W 224.75 m y\ _ N CQ m C?z 1 I S01'11'10"E 336.00' Un co CQ OIL /2 o _w.. J o �r No. 3� J o �1���Exp. 03131!08 clvt�/f BASIS OF BEARING: BASED ON THE CENTERLINE OF BROOKHURST STREET AS BEING N01'19'35W PER MAP RECORDED IN BOOK 5, PAGE 42 OF PARCEL MAPS SEE SHEET 3 SHEET 5 OF 5 EXHIBIT aB» AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND BY REFERENCE MADE APART HEREOF. SCALE: 1"=40' i N88'48'50"E 5.00' NO1'11'10"W SO1'11'10"E 11.67' 11.67' N01'11'10"W N88'48'50"E —� j N88'48'50"E 122.74' / 16.50' 0.14' W, N88'48'50"E 4.50' N01'19'35"W S88'48'50"W 117.86' S88'48'50"W 10.00' 4.50' N01'11'10"W NO1'11'10"W �—7.50' 5.00' N88'48'50"E S88'48'50"W r) 4.50' PAR r LL I P,JVJ, 6 42 \ � �� � NO1'11'1O"W 4.50' W N01'11'10'W 7.50' 5.00' N NO1'11'10"W N88'48'50"E 10.00 / 0 9.00' 0 co S88'48'50"W _—_•_:_. 9.00' LLJ 190.64' CD No PAFL 2 P,J�ll, 6 42 Exp. 03/31/08 1Gr SEE SHEET 4 BASIS OF BEARING: BASED ON THE CENTERLINE OF BROOKHURST STREET AS BEING N01'19'35W PER MAP RECORDED IN BOOK 5, PAGE 42 OF PARCEL MAPS SHEET 1 OF 1 WATER EASEMENT LOCATION INDEX SCALE: NONE I P/L PAP10P-1 -1 I , I I 120 I I I I PAIL 5/42 I j II I II _ I I Z I II LEGEND: I E I� I WATER LINE DWATER ED CAT DSEMENT TO BE WATER EASEMENT TO BE m DEDICATED PER SEPARATE DOCUMENT I 120 I � I I I I ADAMS AVENUE - - - - - - - - R/W