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Home My WebLink About2008-03-12 - Easement Rainbow Disposal Co ., Inc. - James H. Brownell - Stanley F. Kaczyk V Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk-Recorder I FEE AND WHEN RECORDED RETURN TO: 1119111111111111111119111111111199111911111111E111111111111111111111111191 �� City Clerk 2009000097377 08:59am 03/03109 City of Huntington Beach 116 45 Al2 7 2000 Main Street o.00 0.00 0.00 o.00 a.oa a.00 a.ao o.00 - -Huntington Beach, CA 92648 ----------- ------------- [Space above this line for Recorder's use.] 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, Rainbow Disposal Co. , Inc; (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 and Exhibit B (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, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. agree/city wide/special utility easement l GRANTOR retains.the right to use the surface of 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 CITY. There shall 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 overhead 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 easement harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. agree/city wide/special 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 GRANTOR herein this day of �'jG�` , 200�. GRANTOR CITY OF HUNTINGTON BEACH, Rainbow Disposal Com ny, Inc. a municipal corporation of the State of California By: a (print name) Director erf Public Works ITS: (circle one) Chairman/President/Vice President/Assist t Secretary ATTEST: 1- ) r City Clerk B (PUv SUANT TO RESOLUTION NO.2003-29) (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice President/Assistant Secretary i4- ;- �6 !1 City Attorney REVIEW ND APPROVED: City Administrator agree/city wide/special utility easement 3 ACKNOWLEDGMENT State of California County of On lljd ie� a: 08 before me, A44t� (insert na and title of th Icer) personally appearedcd " who proved to me on Se basis of satisfactory evidence to be the person(s whose name( subscribed to the within instrument and acknowledged to me that he/shQtt§P executed the same in his/he e1 uthorized capacity(ies), and that by his/her ei ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------- WITNESS my hand and official seal. QARBARA B J. MURPHY Comm.# 1693758NOTARY PUBLIC-CALIFORNIA VI ORANGE COUNTY ' MY Comm.EXP.SEPi.15,2ot0'r Signature (Seal) CALIFORNIA SILL-PURPOSE ACKNOWLEDGMENT State of California County of Oltir +�9 2 before me, Date �_ Here Insert Name and itle o the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorswhose nam o are subscribed to the within instrument and acknowledged to me that ey- xecuted the same in-hWh thei authorized capaci ies, and that by.-his/her tf casignaturO�)on the instrument the persorgs y or the entity upon behalf of which the persorcted, executed the instrument. P`•ESPAM I certify under PENALTY OF PERJURY under the laws Conmranion#1599179 of the State of California that the foregoing paragraph is Nagy PUbbe- C411181000 OK111111,190 true and correct. 101MYCOMMAXPbWAU04. — — — — — — —=4 WITNES nd d o cial s I Signature Place Notary Seal Above Signature of Notar ublic 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 Doc ume Title or Type of Document: Document Date: //--)- A—)'e-ze 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 _ _ _ El Partner—El Limited El 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: 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 EXHIBIT GG A 99 LEGAL DESCRIPTION WATER EASEMENT FOR WATERLINE AND INCIDENTAL PURPOSES BEING A PORTION OF PARCEL 1 OF PARCEL MAP 2003-156, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 352, PAGES 1 THROUGH 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID PORTION BEING A STRIP OF LAND, 10 FEET IN WIDTH, LYING 5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST SOUTHEAST CORNER OF SAID PARCEL 1; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1, SAID LINE ALSO BEING THE RIGHT-OF-WAY OF NICHOLS STREET AS SHOWN ON SAID MAP,NORTH 00016'57" EAST, 34.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE,NORTH 89°33'01"WEST, 124.39 FEET THENCE SOUTH 00°26'59" WEST, 20.40 FEET; THENCE NORTH 89°32'58" WEST 410.55 FEET; THENCE SOUTH 00026'59" WEST, 13.87 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 1. SAID POINT BEING 535.04 FEET FROM THE POINT OF BEGINNING. THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS TO END AT THE SOUTHERLY PROPERTY LINE OF SAID PARCEL 1. SUBJECT OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENT OF RECORD, IF ANY. SAID EASEMENT CONTAINS 5692 SQUARE FEET OF LAND MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF. LEGAL DESCRIPTION PREPARED BY: QROFESS/pN uj C23132rn MICHAEL A. MURPHY, P.E. W.12/31/07 RCE 23132 EXP 12/31/07 grFOF CAl.1F L3 EXHIBIT " " HATCHING INDICATES EASEMENT TO THE in CITY OF HUNTINGTON BEACH FOR n WATERLINE AND INCIDENTAL PURPOSES. BASIS OF BEARINGS; I THE BASIS OF BEARINGS FOR THIS PLAT f IS THE CENTERLINE OF NICHOLS STREET 60 AS SHOWN ON PARCEL MAP NO. . SCALE 1 �9 — 2003-1156, P.M.B. 352/2-3 O.R. BEING NORTH 000 18'14" EAST. Lq ,f d- �= - 5.00 ,f 500 PARCEL 1 PI�1 2003-156 Cl P.M.B. 352/1-3 CQ a LINE TABLE 00 co N LINE LENGTH BEARING 914 ;�• (m L1 34.26 N00'16'57"E T Z L2 20.40 S00'26'59"W ,f' L31 13.87 S00'26'59"W J r. e I . , L2 Q�pFESS/p� L c� LL+ C23132 J f EXP.12/31/O7 CAl1F�� N t� t i O Q] U m M v z MICHAEL A. MURPHY, P.E 10.00 RCE 23132 EXP 12/31/07 L1- \,f T.P.O.B. N I C O L ST8 N00'18'14"E BASIS OF BEARING