HomeMy WebLinkAbout2008-07-07 - Easement Ocean View School District (3) Recorded in Official Records, Orange County
RECORDING REQUESTED BY I Toin Daly, Clerk-Recorder
i
AND WHEN RECORDED RETURN TO: NO FEE
2008000341196 08.40am 07/17/08
City Clerk 100 211 E01 s
City of Huntington Beach 1, 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2000 Main Street
Huntington Beach, CA 92648 l
[Space above this line for Recorder's use.]
This document is exempt from
"1 recording fees pursuant to �(J
Government Code Section 6103.
Q
SPECIAL UTILITY EASEMENT AGREEMENT
Y
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 contract
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 1 Agreement
(Page 1 of 5)
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 backflow
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 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. 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 perso�j
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 1 Agreement
(Page 2 of 5)
(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 eithe,
(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 o.:-
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 1 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
B_ ackflow Easement Parcel 1 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 J U-Ly 2008.
GRANTOR: CITY OF HUNTINGTON BEACH, a municipal
OCEAN VIEW SCHOOL DISTRICT corporation of the State of California
By:
Board President Mayor
ty erk ;
LOWE'S HIW, INC., a Washington
corporation AP OVED AS TO FORM:
By: , l (� / a/08
City Attorney
print name
Its: Michael L. Skiles REVIE AN APPROVED:
Vice President
By l c/wtso I terim City A inistrator
print name INITIATED AND APPROVED:
Its: Thomas E. Maddox
Assistant Secretary
-"Director of Public W rks
Backflow Easement Parcel 1 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.
C. KAWAMOTO
Signature el Commission # 1763658
Notary Public -California
(Seal)
San Diego County
cann 2ott'` ;
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi �,� )
n �L County of OK /'
On��y 4. oZ0r before me,
Date Here Insert Name and Title of the Officer
personally appeared l� i� /� � ob
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person sowhose namE ie/are subscribed to the
within instrument and acknowledged to me that
he/eh 'executed the same in-his/he their uthorized
capaci )es , and that by.hi&l heir ignaturao on the
instrument the person, or the entity upon behalf of
which the person s}>acted, executed the instrument.
P.L.ESPARZA
Canton#15"ll I certify under PENALTY OF PERJURY under the laws
kNloloyRdit-CcNOM110 of the State of California that the foregoing paragraph is
orargeCourdy true and correct.
ncmmE lveslop4•q 0 WITNESS 5mynh d ial I.
Signature
Place Notary Seal Above Signature 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
Title or Type of Document: �� L—�/�-L_ Lam(TL—/7-11 i
Document Date: C�(-y 7� �D� 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:
02007 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"
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 1 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 A POINT IN THE SOUTHERLY LINE OF SAID PARCEL 1,
SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF
WARNER AVENUE (60 FEET NORTHERLY ONE-HALF WIDTH), SAID POINT
ALSO BEING THE EASTERLY TERMINUS OF A CURVE CONCAVE
SOUTHERLY HAVING A RADIUS OF 1660.00 FEET, FROM WHICH POINT A
RADIAL LINE BEARS SOUTH 00029' 28"WEST; THENCE EASTERLY ALONG
SAID SOUTHERLY LINE SOUTH 89°30' 32" EAST 128.58 FEET TO THE TRUE
POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE OF
PARCEL 1 AT RIGHT ANGLES NORTH 000 29' 28" EAST 11.85 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 1.
SAID EASEMENT IS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF.
LAND
PATRICK
RAY 1'
MERCADO
Exp. 12/31/O6
NO. 6382
OF CAl1F��\P
PATRICK R. MERCADO, P.L.S. 6382
LEGEND
EXISTING PARCEL LINES
— — — STREET/EASEMENT CENTERLINE
i
PROPOSED EASEMENT
1
c� 1
'1
SCALE:1*=30' `
N00'29'28"E
S00'29'28"W 11.85'
RAD.
ROR 10'
R=1660.00' PCL 'A' 5'
L=185.69' :
--A--6'24'33" 128.58' y
N 89'30'32" W 519.28'
TRO.B.
0
WARNER AVENUE
--R=1600.00' N 89'30'32" W 389.41'
L=178.98' SOUTH LINE SEC. 24
0=6'24'33" T5S R11 W PER 51/13 M.M.
DATE:05/12,/06
SHEET 1 OF 1
EXHIBIT 'B"
CANYON PLANNING • ENGINEERING •SURVEYING SKETCH TO ACCOMPANY LEGAL DESCRIPTION
466511FCAR...a C9a6T,6a"�aoo,N6MI0"i a..W,u 93N0 WATER LINE EASEMENT
C O N S U L T I N G 9t9/<66 t 430 vaic[,949/AD6-I A42 rat
POR. PCL 1 OF P.M. 2002-125, BK. 338, PGS. 35-39 j
HUNTINGTON BEACH, CALIFORNIA