Loading...
HomeMy WebLinkAbout2008-07-07 - Easement Ocean View School District Recorded in Official Records, Orange County � Tom Daly, Clerk-Recorder i RECORDING REQUESTED BY � FEE AND WHEN RECORDED RETURN TO: ) j 2008000341195 08:40am 07/17/08 City Clerk . ) 100 211 E01 8 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 )�--- --— _---- [Space above this line for Recorder's use.] This document is exempt from W recording fees pursuant to W Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT -U i 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, repair, and improve backflow equipment and related pipeline, 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 depicted on 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, measuring devices, air valves, blow-offs, stations, standpipes, and service connection structures appurtenant to said pipeline, 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 contra to CITY, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said backflow equipment and pipeline. Backflow Easement Parcel 2 Agreement (Page 1 of 5) GRANTOR retains the right to`iise the sQface 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 backflc-V l equipment and pipeline 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 10 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 the easement ground area. The CITY agrees it, 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. 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 substantially the same condition in which they were prior to the performance of such work; (c) Have no obligation for routine maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Indemnification. 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 Backflow Easement Parcel 2 Agreement (Page 2 of 5) l (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) 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; and (3) 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 liability, and shall pay or satisfy and judgment that may be rendered against the GRANTOR, its officer, agents or employees in any action, suit or other proceedings as a result thereof. 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 the event that GRANTOR requires LOWE'S HIW, INC. ("LOWE'S"), at the expiration of GRANTOR'S Ground Lease to LOWE'S dated April 13, 1999 (the "Lowe's Lease"), to relocate any backflow equipment or related pipeline installed pursuant to this Agreement, LOWE'S agrees to relocate such equipment and pipeline at LOWE'S sole cost and expense provided that GRANTOR has given LOWE'S and CITY sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease. During the term of the Lowe's Lease, GRANTOR agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that GRANTOR makes the determination that it is necessary for the relocation of such equipment and pipeline to occur during the term of the Lowe's Lease, GRANTOR agrees to relocate such equipment and pipeline at GRANTOR'S Backflow Easement Parcel 2 Agreement (Page 3 of 5) sole cost and expense. Subsequent to the termination of the Lowe's Lease and provided that GRANTOR has not given LOWE'S sixty (60) days written notification of the required relocation prior to the final termination of the Lowe's Lease , LOWE'S shall have no obligation to relocate the backflow equipment or pipeline provided for in this Agreement. CITY agrees not to require the relocation of any backflow equipment or pipeline that was installed pursuant to this Agreement. In the event that CITY makes the determination that it is necessary to relocate such equipment and pipeline, CITY agrees to relocate such equipment and pipeline at CITY'S sole cost and expense. LOWE'S HIW, INC., a Washington corporation, as lessee of the property described on Exhibit A, hereby consents to the above-described easement granted to CITY by GRANTOR. REST OF PAGE INTENTIONALLY LEFT BLANK Backflow Easement Parcel 2 Agreement (Page 4 of 5) IN WITNESS WHEREOF, this Special Utility Easement has been executed by the GRANTOR herein and LOWE'S HIW, INC., this,day of-� 2008. GRANTOR: CITY OF HUNTINGTON BEACH, a municipal OCEAN VIEW SCHOOL DISTRICT corporation of the State of California f By: Board President Mayor Cityy erk LOWE'S HIW, INC., a Washington ' corporation AP OVED AS TO FORM: /City Attorney print name Its: Michael L. Skiles REVI AN APPROVED: Vice President By: �nmU - Interim City Ad inistrator print name INITIATED AND APPROVED: Its: Thomas E. Maddox Assistant Secretary Director of Public Wo s Backflow Easement Parcel 2 Agreement (Page 5 of 5) State of California ) County of San Diego ) On March 18, 2008 before me, C. Kawamoto, Notary Public, personally appeared Michael L. Skiles and Thomas E. Maddox, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. EA C. KAWAMOTO Comminlon # 1763638 Signature Notary PublIC -California San olego County 30 Corm f3 Mei9e 201j (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O �/ before me, z Date Here Insert Name an Title of the Officer personally appeared ����� ���.� /9r�-�� ol?J i9xJ l� y�AJII� Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorio whose name(9 ' ar subscribed to the within instrument and acknowledged to me that hek44 Ep xecuted the same in of authorized capaci fe ), and that by_his� signature(oon the instrument the person(a or the entity upon behalf of which the persons 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 han nd o 'cial al. Signature Place Notary Seal Above Signature of N a!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 cument. Description of Attached DocumentG Title or Type of Document: �Fi9-L Document Date: 7 / Y= l o it 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 "thumb ❑ Trustee Top of thumb here ❑Trustee ❑ 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.NationaiNotary.org Item#5907 Reorder:Call Tall-Free 1-800-876-6827 EXHIBIT "A" FOR FOR WATER LINE EASEMENT THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 2002-125 FILED IN BOOK 338, PAGES 35 THROUGH 39, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL "A" BEING A STRIP OF LAND 10.00 FEET IN WIDTH WHICH CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE NORTHERLY.RIGHT-OF-WAY LINE OF WARNER AVENUE (60 FEET NORTHERLY ONE-HALF WIDTH); THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 89030' 32" WEST 45.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE AT. RIGHT ANGLES NORTH 000 29' 28" EAST 12.00 FEET TO THE END OF PARCEL "A". THE SIDELINES OF SAID PARCEL "A" TO BE SHORTENED OR LENGTHENED SO AS TO TERMINATE IN SOUTHERLY LINE OF SAID PARCEL 2. SAID EASEMENT IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LAND PATRICK RAY MERCADO Exp. 1 2/31/06 NO. 6382 OF CAUFO���P PATRICK R. MERCADO, P.L.S. 6382 LEGEND EXISTING PARCEL LINES a — - -- STREET/EASEMENT CENTERLINE ri PROPOSED EASEMENT M N 1 I` I+ `ram t _I (4 (� I r , \ w r� SCALE:1'=30' ' co ` \\ .. N ` 00 o R=90.50' 0 L=22.51' z A=14'15'00" 10 N 00'29'28"E 138.25' PCL W S' 12.00' ROB. - N 89'30'32" W N 89'30'32" W 20.00' 45.22 232.12' N 75'15'32" W N 89'30'32" W o R=74.50' L=18.53' T.P.O.B. A-14*15'00" o co WARNER AVE. N 89'30'32" W SHEET 1 OF 1 DATE:05/12/06 EXHIBIT RB' CANYON PLANNING • ENGINEERING •SURVEYING SKETCH TO ACCOMPANY LEGAL DESCRIPTION 4666 NAGRTNVR COURT,SUITE 200,NCRFORT BEACH, CA 0266o WATER LINE EASEMENT C O N S U L T I N G 24S/aD6.1CJ0 VOICE.0421486.1"2 FAY POR. PCL 2 OF P.M. 2002-125, BK. 338, PGS. 35-39 HUNTINGTON BEACH, CALIFORNIA