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HomeMy WebLinkAbout2008-04-21 - Easement 7-9-11 Downtown, LLC, A California Limited Liability Company - Ed Nonanni, Chairman - Dave MacLeod - Keith Dawson, Member -------------- Recorded in Official Records, Orange County rder RECORDING REQUESTED BY Tom Daly, Clerk-ReCOIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE AND WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIiililliillllilliillliill0 03109 City Clerk 2009000097380 0$:59am 031 yCek 11645Al2 7 City of Huntington Beach 0.00 0.00 0.00 0.00 0 00 ao ()o o.oa - 00 Main Street ___ _ ----------- - Huntington Beach, CA 92648 [Space above this line for Recorder's use.] This document is exempt from recording fees pursuant to �C�y'� Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT 1 For valuable consideration, receipt of which is hereby acknowledged, 7-9-11 Downtown, 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 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 1 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. i t i i 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 2 Y day of ,200 '. GRANTOR CITY OF HUNTINGTON BEACH, 7-9-11 Downtown, LLC a municipal corporation of the State of California Y (print name) Director orrPublic Works ITS: (circle one) Chain-na reside ice President/Assistant Secretary ATTEST: /j City Clerk By: (PURSUANT TO RESOLUTION NO.2003-29) ,u (print name) APPROVED 4S TO FORM: ITS: (circle one) Chairman/President/Vice President/Assistant Secretary City Attorney REVIE APPROVED: PCA LA)J City Administrator e-vh b e i. i f r agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q c7. _ On �-C� before me, fiat c e (e4t.J' �l� � �// �c9u uv�9 P t�i L. Date HerInsert Name and Tttle o the OffcerT personally appeared C) to Cn"A V1 I U �NamQcier{s) Q t C Q1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized JEANICE ALEXIS MC FAIL capacity(ies), and that by his/her/their signature(s) on the Commission# 1619853 instrument the person(s), or the entity upon behalf of -� Notary Punic-California- which the person(s) acted, executed the instrument. Orange County My Comm.Expires Nov 8,2tm9 1 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. Signature Place Notary Seal Above ,,,� Signatur of Mo ary Pulortc f ®P l t�py o Though the information below is not required by law,it may rove valuable to persons retying 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ElPartner—O 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, 02007 National Notary Association-9350 De Solo Ave.,P.O.Box 2402-Chatsworth.CA 91313-2402-www.NabonalNotary.org Item 55907 Reorder:CaIIToll-Free 1.800.876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 19x yet�1 before me, Date_�—� Here Insert Name and TitI6 of the Officer personally appeared � � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor&whose nam@f�)4sffrre3subscribed to the within instrument and acknowledged to me that hetst� he executed the same iri-h slherAf�)authorized capacit ie- , and that by++ heKqrCeCesignatureoon the instrument the personCs or the entity upon behalf of which the persor6pacted, executed the instrument. .L. I certify under PENALTY OF PERJURY under the laws Co n nbdm*1599179 of the State of California that the foregoing paragraph is Not4PIMV true and correct. CanVn AU94. WITNESS my hj nd a off' ,seal. a Signature Place Notary Seal Above Signature A 'otaryP is / 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: G Document Date:_ � c�C�� 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: ©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 "A" LEGAL DESCRIPTION FOR WATER LINE MAIN AND MAINTENANCE PURPOSES THAT PORTION OF LOT 1 OF TRACT 16682 IN THE CITY OF HUNTINGTON BEACH RECORDED IN BOOK 887, PAGES 1 TO 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89°27'18" WEST 10.00 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 00°14'45" EAST 20.97 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVNG A RADIUS OF 46.00 FEET; THENCE"SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14055'57"AN ARC DISTANCE OF 11.99 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTH 00°14'45" WEST 14.47 FEET ALONG THE SAID EASTERLY LINE TO THE POINT OF BEGINNING. EASEMENT AREA CONTAINS 174.00 SQUARE FEET, MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY, AND EASEMENTS OF RECORD, IF ANY. SEE EXHIBIT "B"ATTACHED HERETO. DATED THIS 19H DAY OF MARCH, 2008 PREPARED BY: p LANo 6161�' -WALTER F. LUNDIN, L.S. 7707 Exp. 7707p7 REGISTRATION EXPIRES 12/31/08 (PI �QF c�uF°Q ' EXHIBIT "B" • SKETCH OF EASEMENT FOR WATER LINE MAIN AND MAINTENANCE PURPOSES LOT 1 , TRACT 16682 S89'27'18"E 305.75' 26' N cc w z �I O O 04 3 M Lo w r 0 0 0 N r` 7 � r Lo r � O cp. O z o� A--14'55'57" N R=46.00' / �' ,L N L=11.99' ;n 3 00 \ z `o AREA = 174 SF ° r-:* _3 �- O N d r J Z O N W N89'27'18"W 331.79' 10.00' P.O.B S'LY LINE OF TRACT 16682 SE COR. V.AND LEGEND PROPOSED EASEMENT —' p.12 31 0s NO. 7707 Scale 1"=20' 9�OFCAL�F��