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HomeMy WebLinkAbout2007-11-07 - Easement SEACLIFF VILLAGE SHOPPING CENTER, INC., a Delaware corporation - John Kennedy, Vice-President - Kelly Kinnon, Vice-President a Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY 80 160 II �l0 i� �I NO �EE AND WHEN RECORDED RETURN TO: ) City Clerk > 2009000097174 08:26am 03/03109 116 45 E01 7 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 ) jji��J 0,;�3 — 6,A1_Q3 [Space above this line for Recorder's use.] This document is exempt from recording fees pursuant for Government Code Section 6103. d" EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged � a SEACLIFF VILLAGE SHOPPING CENTER, INC., a Delaware corporation("Grantor"), hereby ` L grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California ("City"), a perpetual non-exclusive easement and right of way in, on and under that certain real property (the "Easement Area") for the entire length and full width as legally described on Exhibit "A" and as generally depicted on Exhibit "B" (attached hereto and incorporated by this reference), and made a part hereof, for the following purposes: to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s) to construct a fire hydrant and related improvements necessary for the transmission and delivery of water to such fire hydrant, which improvements may extend above the surface of the ground; together with the right to enter and traverse upon adjacent land of Grantor in order to obtain access to and along the Easement Area; and to deposit such tools, implements and materials on the Easement Area as is necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said fire hydrant and related water transmission and delivery line or lines. Grantor retains the right to use the surface of the Easement Area and the non-exclusive right to use the subsurface areas of the Easement Area 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 819709.01/0C C2529-001/8-8-07/j wk/l ag authorized to perform in the Easement Area, City shall avoid, to the extent reasonably possible, any damage or interference with other installations or improvements in the Easement Area. Grantor shall not alter the grade of the Easement Area without prior written approval from City. There shall be no less than 20 feet of clear vertical space immediately above the surface of the Easement Area measured from finished ground level, nor shall any trees be located within the Easement Area. City agrees to cooperate with Grantor so 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 Area 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 within the Easement Area, City shall adequately protect its installations against such use by Grantor. 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 harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from City's use of the Easement 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. 819709.01/OC C2529-001/8-8-07/jwk/lag -2- IN WITNESS WHEREOF, this Easement Deed has been executed by Grantor this day of A4gest, 2007. GRANTOR SEACLIFF VILLAGE SHOPPING CENTER, INC., a Delaware corporation By: Name: e`,l d � Tit1e: V LAR By: Name. _ �-�=E�1 l{�(�ri to Title: , ACKNOWLEDGED AND AGREED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of Pub c Works ATTEST: Y City Clerk APPROVED AS TO FORM: City Attorney REVIEWED PROVED: rt dministrator 819709.01/OC C2529-001/8-8-07/jwk/lag -3- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ly County of r. , ss. On �fP,1nn�32C'?,Z.f1�T � tJ�U�7.��d 6y(�before me, Date `� Nam a d Title of Officer(e.g.,"Jane Doi,Notary Public" personally appeared -L�� [�c1norx Name(s)of Signer(s) Nsloersonally known to me ❑ proved to me on the basis of satisfaqtory evidence to be the person(/whose name) is subscribed to the within instr((�ament and ackn wledd to me that qsh�/the/ executed the same in is/ r/t�r authorized capacity(ieA, and that by�r/t� CARp4Yf+Y ZACHARSi(1 signature( on the instrument the person(, or,the Cornmissfoq t9?500t entity upon behalf of which the person ) acted, Notary Pub#C- Cdifornki executed the instrument. Los Angeles County My orxuur►.� kes Apr 12006 WITN hand ffic' seal. Place Notary Seal Above Sign ur of Notary kublic 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 �n Title or Type of Document: E GLS� I'r L—� Document Date: ��� �'��� Number of Pages: Signer(s) Other Than Named Above: �l QV1�12 Capacity(ies) Claimed by Signer(s) Signer's Name: Ram Signer's Name: ❑ Individual ❑ Individual L�'Corporate Officer—Title(s): U k C-*- koMS�� ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact ° ° Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Repres ptiingL: i� � Signer Is Representing: ©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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On' ff ZtU`' before me, Date Here Insert Name and Titl of the Officer personally appeared A9/_S /4,yA Names)of Ngner(s) who proved to me on the basis of satisfactory evidence to be the person(o whose nameo iEe6re>ubscribed to the within instrument and acknowle ged to me that they executed the same in-Ns�he heir uthorized capacitjGD and that by his/ e thei signature(Von the instrument the person or the entity upon behalf of which the persornacted, executed the instrument. ESFAM ® rs!L' I certify under PENALTY OF PERJURY under the laws 1599179 tV of the State of California that the foregoing paragraph is OKWWCourdy true and correct. W1MV Comm.EVIIIIIIIIIIS AQ4. w2Mj WITNESS Wh icial I. Signature Place Notary Seal Above Signat re of Nor 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: % Document Date: A)0t)cx�i✓6e/'� e G� Number of Pages: r 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 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact qjaammlgmm ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 Page 1 of 1 EXHIBIT 'A' EASEMENT FOR WATER FACILITIES AND MAINTANANCE PURPOSES. LEGAL DESCRIPTION PARCEL I: THAT PORTION OF PARCEL"A",PARCEL MAP NO. 97-222,IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON THE MAP FILED IN BOOK 329 PAGES 12 THROUGH 19 INCLUSIVE OF PARCEL MAPS,RECORDS OF COUNTY OF ORANGE, STATE OF CALIFORNIA,BEING A STRIP OF LAND 10 FEET WIDE,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDELINE OF THE 10.00 FEET WIDE WATERLINE EASEMENT,AS SHOWN ON SAID PARCEL MAP NO.97-222,THE CENTERLINE OF SAID EASEMENT BEARS NORTH 000 18' 43"EAST, SAID POINT BEING SOUTH 000 18'43"WEST,94.13 FEET FROM THE NORTHERLY TERMINUS OF SAID WESTERLY SIDELINE; THENCE NORTH 890 4 V 17"WEST, 10.00 FEET. EASEMENT AREA CONTAINS 100.00 SQUARE FEET,MORE OR LESS. SUBJECT TO ALL COVENANTS,RIGHTS,RIGHTS-OF-WAY,AND EASEMENTS OF RECORD,IF ANY. SEE EXHIBIT`B"ATTACHED HERETO. Prepared By: '�F David J.Mac ur R.C.E. 12502 yt NO.12W P UP.313 009 �e �r c V o@� OF C AL�� S89'41'31"E PAGE 1 OF 1 60.00' N89'42'4_5"W D=89'58'46" EXHIBIT R=32.00' L=50.25' O S89'41'31"E 'Q��� 136.22' C����o 00. -.00� SCALE: 1'=50' Z i N89'58'44"W 3.10' jn PARCEL 1 I 110' o 1� -`�'/�� o l �`/ D=48*11'23" N89'41'17"W N �/ R=12.00 10.00' ( I / L=10.09' 0 N 89'58'44"W MAC I I � 195.31 POB Ico ® NO.I + I F C�►� II o 0 Z IFS PARCEL 1 El PROPOSED EASEMENT I I N89°59'5 I 351.80' W-10' WIDE WATERLINE EASEMENT PER PARCEL MAP NO. 97-222 PARCEL MAP BOOK NO. 329 PAGES 12 THROUGH 19 ----- EASEMENT RAW N15'32'46"E 79.00'