HomeMy WebLinkAbout2008-03-04 - Easement Ocean View School District iL
Recorded in Official Records, Orange County
RECORDING REQUESTED BY ) Tom Daly, Clerk-Recorder
AND WHEN RECORDED RETURN TO: ) IIIIIIIIIII!Iillllillllllllllllllilllllllll!IIIIIIIIIIIIIIIIIIIIIIIIIilllll NO FEE
City Clerk ) 2008000178663 08:35am 04/17108
City of Huntington Beach ) 106 198 Al 10
) � o.00 o.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.]
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1f This document is exempt from l I
�LJ recording fees pursuant to
Government Code Section 6103.
C
SPECIAL UTILITY EASEMENT AGREEMENT /���►%
For valuable consideration, receipt of which is hereby acknowledged,
Ocean View School District (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, and
repair a storm drain pipeline including 2 manholes, under said real property for its entire
length and full width as described on Exhibit A and depicted on Exhibit B (attached hereto
and incorporated by this reference), and made a part hereof, 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, inspecting, maintaining, operating,
repairing, and using said storm drain pipeline. In the event the City wishes to modify,
increase, or change this easement in any manner, the City and District shall be required to
agree in writing before any such modification, increase, or change takes place.
This dw ment is solely for the official
brrsineaa of the Cfly of Huntington
Bch'as cones" under
(Page 1 of 7) Goverrunent Code Sec.6103 and
should Gs recorded free of charge,
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 storm
drains or any equipment incidental thereto, and CITY agrees to comply with such request
at GRANTOR'S expense. In the event that GRANTOR chooses to close and sell the Sur,
View School site,GRANTOR may request CITY to remove the CITY'S storm drains and
any equipment incidental thereto, and CITY agrees to comply with such request 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 may place temporary structures within 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 landscaping and related purposes including planting bushes on the easement area.
CITY also acknowledges that the setback area associated with the Easement is measured
from the property line and not the Easement boundary according to the City of Huntington
Beach Zoning and Subdivision Ordinance (HBZSO). Furthermore, the CITY hereby grants
permission to GRANTOR to utilize the storm drain pipeline, at no additional cost to
GRANTOR, for any of GRANTOR'S future development and/or improvements to the Sun
View School site.
(Page 2 of 7)
In making any installation or in the performance of any work, CITY shall
adequately protect its installations. In making any use of this easement, CITY shall:
(a) During the construction phase, make adequate provision for the safety and
convenience of all persons using such areas or other improvements or facilities in such
areas. CITY shall endeavor to prohibit dust from excavation and construction from
entering school hardscape, play equipment, and building area as described in the
construction specifications. CITY shall provide a chain link fence around the work area on
GRANTOR'S property to eliminate the possibility of construction workers, city
employees, consultants, and others related to the construction from coming into contact
with students. Manhole covers shall be set at an elevation that is a minimum of three (3)
inches below finished grade. CITY shall also cover all manhole covers with sod to ensure
student safety. The construction phase shall not exceed sixty (60) business days from the
start of construction and shall be conducted during the summer months so that it does not
disturb the operations of the school; and
(b) Upon completion of the construction phase, CITY shall replace and restore
the areas and surface improvements to substantially the same condition in which they were
prior to the performance of such work. The completed project shall have no openings
which might allow for animals to enter the storm drain system on GRANTOR'S property.
Prior to conducting any regular maintenance or repair of the storm drain system on
GRANTOR'S property, CITY shall promptly notify GRANTOR and the school
administration of Sun View School and agrees to comply with all fingerprinting
requirements in accordance with Education Code Section 45125.1. CITY shall coordinate
all post construction maintenance and repair of the storm drain system on GRANTOR'S
(Page 3 of 7)
property with GRANTOR'S Maintenance and Operations Department, and following any
such maintenance and repair of the storm drain system on GRANTOR'S property, CITY
shall, if necessary, replace and restore the areas and surface improvements to substantially
the same condition in which they were prior to the performance of such maintenance and
repair work; and
(c) After the construction phase is complete, and CITY has performed the
replacement and restoration of the areas and surface improvements to substantially the
same condition in which they were prior to the performance of such work, CITY shall have
no obligation for maintenance, repair or replacement of enhanced pavement treatments,
landscaping or irrigation facilities that may be subsequently installed by GRANTOR; and
(d) Indemnification. CITY shall be responsible for, and GRANTOR shall not
be answerable or accountable in any manner for any loss or expense by reason of any
damage or injury to person or property, or both, arising out of the acts of CITY, its agents,
officers, employees, or invitees, or resulting from CITY'S design and/or construction of
the Easement or from any cause whatsoever arising out of or in connection with the
Easement including without limitation, mechanics liens, stop notices or any claim that
GRANTOR, CITY or CITY'S consultants failed to comply with any applicable law or
regulation.
To the fullest extent permitted by law, CITY agrees to indemnify, defend and hold
GRANTOR entirely harmless from all liability arising out of.
(1) Any and all claims under workers' compensation acts and other employee
benefit acts with respect to CITY'S employees or CITY'S consultant's employees arising
out of CITY'S work under this Agreement; and
(Page 4 of 7)
(2) Liability for damages for (1) death or bodily injury to person; (2) injury to,
loss or theft of property; (3) any failure or alleged failure to comply with any provision of
law or(4) any other loss, damage or expense arising under either (1), (2), or(3) above,
sustained by CITY or any person, firm or corporation employed by CITY upon or in
connection with the Easement, except for liability resulting from the sole or active
negligence, or willful misconduct of the GRANTOR, its officers, employees, agents or
independent consultants who are directly employed by the GRANTOR;
(3) Any loss, injury to or death of persons or damage to property caused by any
act, neglect, default or omission of CITY, or any person, firm or corporation employed by
CITY, either directly or by independent contract, including all damages due to loss or theft,
sustained by any person, firm or corporation including the GRANTOR, arising out of, or
in any way connected with the Easement and storm drain equipment, including injury or
damage either on or off GRANTOR property; but not for any loss, injury, death or
damages caused by the sole or active negligence, or willful misconduct of the GRANTOR.
CITY, at CITY'S own expense, cost, and risk, shall defend any and all claims,
actions, suits, or other proceedings that may be brought or instituted against the
GRANTOR, its officers, agents or employees, on any such claim or liability, and shall pay
or satisfy any judgment that may be rendered against the GRANTOR, its officers, agents
or employees in any action, suit or other proceedings as a result thereof, and
(e) Insurance. CITY is a self-insured public agency and will not independently
procure insurance policies covering the easement or activities permitted hereunder.
However, if third party contractors or consultants are hired by CITY to perform design,
construction or maintenance activities related to CITY'S construction of the Project or use
(Page 5 of 7)
of the Easement, CITY will require such third parties to provide insurance policies as
follows:
(1) Public Liability and Property Damage. A suitable policy or policies of
public liability and property damage insurance, insuring against all bodily injury, property
damage, personal injury, and other loss or liability caused by or connected with CITY'S
use of the Easement. Such insurance shall be in amounts not less than $1,000,000 for
injury to or death of two or more persons as a result of any one accident or incident; and
$1,000,000 for property damage.
(2) Automobile Liability. With regard to any vehicles which CITY brings onto
the Easement Area, a suitable policy or policies of automobile liability insurance with a
combined single limit of$1,000,000 per accident.
(3) Workers' Compensation. Workers' Compensation insurance in accordance
with the laws of California, and employers' liability insurance with a limit of not less than
$1,000,000 per employee and $1,000,000 per occurrence.
(4) Professional Liability. With respect to any architectural or engineering
work, CITY'S consultant must obtain professional liability insurance, including
contractual liability, with limits of$1,000,000 per occurrence.
(5) Notice; Additional Named Insureds. All insurance provided under this
Agreement shall be issued by a California admitted surety. All insurance shall be insured
as a primary policy and contain an endorsement requiring thirty (30) days written notice
from the insurance company to both parties hereto before cancellation or change in
coverage, scope or amount of any policy. The GRANTOR, its directors, officers, agents,
(Page 6 of 7)
employees and consultants, shall be designated as additional named insureds on insurance
set forth at Sections (1) and (2) above.
IN WITNESS WHEREOF, this Special Utility Easement has been executed by the
GRANTOR herein this 44 4_day of QXV-C`A- 200$.
GRANTOR: CITY OF HUNTINGTON BEACH, a municipal
OCEAN VIEW SCHOOL DISTRICT corporation of the State of California
By: L�4�
Board President Director of Public Works
ATTEST:
ity C erk
(PURSUANT TO RESOLUTION No.2003-29)
APPROVED AS TO FORM:
�-- City Attorney
REVIAPPROVED:
ty Administrator
(Page 7 of 7)
Exhibit A
N EASEMENT FOR STORM DRAIN AND MAINTENANCE PURPOSES OVER THE NORTHERLY
A
115 FEET OF THAT REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH,COUNTY OF
ORANGE, STATE OF CALIFORNIA,BEING A PORTION OF THE NORTHEAST QUARTER OF
SECTION 23,TOWNSHIP 5 SOUTH,RANGE 11 WEST,PARTLY IN THE RANCHO LA BOLSA
CHICA AND PARTLY IN THE RANCHO LAS BOLSAS,AS SAID SECTION IS SHOWN ON THE
MAP FILED IN BOOK 51,PAGE 13 OF MISCELLANEOUS MAPS,IN RECORDS OF SAID COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER, OF THE SOUTHEAST QUARTER,OF SAID
NORTHEAST QUARTER OF SECTION 23,THENCE ALONG THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER,NORTH 89°25'00" EAST, 659.96 FEET TO THE NORTHEAST CORNER
OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER;
THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 00°44,25"
EAST, 660.30 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°25'06"WEST, 659.96 FEET TO THE
WESTERLY LINE OF SAID NORTHWEST QUARTER;
THENCE ALONG SAID WESTERLY LINE NORTH 00 44'25"WEST, 34.96 FEET;
THENCE SOUTH 890 15'35" WEST,270.00 FEET;
THENCE NORTH 00 44' 25"WEST,626.06 FEET TO THE NORTHERLY LINE OF THE SOUTH
HALF, OF SAID NORTHEAST QUARTER, OF SAID SECTION 23;
THENCE ALONG SAID NORTHERLY LINE NORTH 890 25'00"EAST,270.00 FEET TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THOSE LANDS PREVIOUSLY GRANTED TO THE CITY OF
HUNTINGTON BEACH IN THE EASEMENT DEED FOR STREET AND PUBLIC UTILITY
PURPOSES RECORDED JANUARY 23, 1970 AS INSTRUMENT NUMBER 12069 IN BOOK 9198,
PAGE 246 OF OFFICIAL RECORDS
4
SUBJECT TO ALL COVENANTS, RIGHTS,RIGHTS-OF-WAYS AND EASEMENTS OF RECORD
EXHIBIT"B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. NANO
c� SG�
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� EXP. 12-31-09 �
JOSEPH G. DERLETH `�'y Ls. 7340
PLS 7340 EXPIRES 12/31/09 rF OF CA101
Legal Description
SUN VIEW SCHOOL APN 142- 1 1 1 -04
15' STORM DRAIN EASEMENT
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
NW COR, SE1/4,NE1/4,
(N 1/4 COR,SEC. SEC 23,T5S,R11 W (NE COR, SEC.
23,T5S,RI I W) POINT OF BEGINNING CL 23,T5S,Rl 1 W)
EDINGER AVENUE
(N89°24'50"E 2639.86') / —
� V — w
LA QUINTA A I w
SUN VIEW PARK
APN No. 142-111-29 24/46 P.M. APN No. 142111-30 �
C7 <
_-{ CD -�i- I I N89025'00"E 270.00 N89°25'00"6 6.46�96' IES7g°12'`7 �
� Q �P 36'
rri D O (/) -1 I IS' N89025'00."E 880.96' - A� 2 LANE
E
30 I STORM
DRAIN 5�'�6 , C 1 q
° cx
m = .. I EASEMENT S66 W
z C O ClI � d I SW'LY LINE OF W oo
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O -Z-� D �� ~ W I o �W'LY LINE NW 1/4, SE1/4 STREET AND o W I W
-n _ cv 61 cv PUBLIC UTILITY I r? �D N
Z M o NEIA, SEC 23,T5S,RI I W
C O z m 3 U W , EASEMENT PER[ ]. I 0 13 U
°° o z N w N SUN VIEW SCHOOL o x w
n O �D ° I U E LY LINE NW 1/4,SE1/4, oo N U ° W
o z III APN No. 142-111-04 NE1/4, SEC 23,T5S,RI N � w �I
z
m �. C td 3 3 LEGEND: C' I as
D N . W I N I Cl =(DELTA=60°44'25",R=80.00',L=84.80')
n x DELTA=60°43'24",R=80.00',L=84.79' I W Z
_ Q I 30 0 C2=DELTA=11°14'31",R=80.00',L=1S.70' OU
-�-
36
V S'LY LINE NW 1/4, SE1A,
O ( —
.p. � — — NO°44'25"W 34.96' �'NE1/4,SEC 23,T5S,R11W
89°1 I
i S5'35"W 270.00' —
S89°25'06"W 659.96'
HEIL AVENUE (E1/4 COR,SEC 23,TSS,RI IW)
1319.93' _
(N89°25'1I"E 2639.86) GRAPHIC SCALE
(CEN SEC 23, = 15.00' STORM DRAIN EASEMENT DESCRIBED HEREON. 1 inch =180 ft.
L T5S,RI IW) REFERENCES:
( )=RF( ORD PER PARCEL MAP FILED IN EOOK 24 PAGE 46 OF P.M.
[ ]=RECORD PER STREET AND PUBLIC UTILITY EASEMENT
RECORDED IN BOOK 9198,PAGE 246 OF O.R. ( IN FEET )
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of oiQ��
On ACOebefore me, L- • SP i�t ��(BL1 ,
Date Here Insert Nafne and Title of the Officer
personally appeared ; AVVS P.I&A)A deW IDAB L...- ee A��
Names)of Signer(s)
e
who proved to me on the basis of satisfactory evidence to
be the persor(o whose named 4sCaD subscribed to the
within instrument and acknowledged to me that
§e/sM 'executed the same in his><laeKZEe�authorized
capacityto, and that by his4e ei signature(aon the
instrument the persoril , or the entity upon behalf of
which the persono acted, executed the instrument.
P.L ESM M I certify under PENALTY OF PERJURY under the laws
1599179 of the State of California that the foregoing paragraph is
HDO1►RANC-Cowl true and correct.
OMW COU*
MVCQffMllbVkWAW4.20o4WITNESS fny h and qfficial seal.
Signature I A���
Place Notary Seal Above Sign of N ry 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 / 7T Title or Type of Document:��Z A-L_ C,6M_ j Gf C
� 6P rAl:3-j - tn!%
Document Date:_ A�.CRI S-; .20o 4? 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 ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • ❑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:
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