HomeMy WebLinkAbout2008-07-07 - Easement Ocean View School District (5) Recorded in Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, Clerk-Recorder
AND WHEN RECORDED RETURN TO: !III!III!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII!IIIIII NO FEE
City Clerk 2008000340282 02:09pm 07/16/08
City of Huntington Beach I 119 159 E02 8
2000 Main Street 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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, 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 water pipelines and metering equipment, 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 anu
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, reconstructing, renewing, inspecting, maintaining,
operating, repairing, enlarging, replacing and using said water pipeline and metering
equipment.
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 water
pipelines and metering equipment or any equipment incidental thereto, at GRANTOR'S
Water.Meter Easement
(Page 1 of 4)
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 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
(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
Water Meter Easement
(Page 2 of 4)
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 or
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 water pipelines and metering equipment that
were installed pursuant to this Agreement, LOWE'S agrees to relocate such
equipment 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 water pipelines and
metering equipment that were installed pursuant to this Agreement. In the event
that GRANTOR makes the determination that it is necessary for the relocation of
such equipment to occur during the term of the Lowe's Lease, GRANTOR agrees
to relocate such equipment at GRANTOR'S 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 water pipelines and metering equipment provided for in this
Water Meter Easement
(Page 3 of 4)
Agreement. CITY agrees not to require the relocation of any water pipelines and
metering equipment that were installed pursuant to this Agreement. In the event
that CITY makes the determination that it is necessary to relocate such equipment,
CITY agrees to relocate such equipment 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.
IN WITNESS WHEREOF, this Special Utility Easement has-been executed by the
GRANTOR herein and LOWE'S HIW, INC., this -17ay of,, 2008.
GRANTOR: CITY OF HUNTINGTON BEACH, a
OCEAN VIEW SCHOOL DISTRICT municipal corporation of the State of California
By: UAY\. "I
Board President Mayor
tAOVED
LOWE'S HIW, INC., a Washington AS TO FORM:
corporation
Rf 6/,o/oV
By: .'F't/, /-I- City Attorney
VIAND PPROVED:
print name
Michael L. Skiles
Its: Vice President I terim City Ad inistrator
By: INITIATED AND APPROVED:
irector of Public Woks
print name
Thomas E. Maddox
Its: Assistant Secrptary —
Water Meter Easement
(Page 4 of 4)
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 Commlaalon #F 1763658
Notary Public -California
San Diego County
(Seal) carnn ruse 2011
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Q ,�6E
On �/uL)� 2 o Do before me,
Date Here Insert Name and Title of the Officer
personally appeared 1/E 6oOIL. /w,)
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person&whose name(E*/ r�subscribed to the
within instrument and acknowledged to me that
—4e/-�Afii�)executed the same in-his/he their uthorized
capacity, and that by-bis/h€ their signature s�j� on the
instrument the persona or the entity upon behalf of
which the persono acted, executed the instrument.
5"179111
ESFAR I certify under PENALTY OF PERJURY under the laws
MONEY PWft-CadUardo of the State of California that the foregoing paragraph is
Orange County true and correct.
140My Comm-Expires Aug d,2009
WITNESS my had and official seal.
Signature
Place Notary Seal Above Signature of otary 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: K /9C_ cIA—/ 761—/
Document Date: q�:-/ 7� /U,?- 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.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
FOR WATER METER/ VAULT
AND MAINTENANCE PURPOSES
PARCEL A
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO.2002-125 AS SHOWN ON A MAP
FILED IN BOOK 338, PAGES 35-39 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2 OF PARCEL MAP
2002-125;
THENCE NORTH 89'30'32" WEST 45.22 FEET - ALONG SOUTHERLY LINE OF PARCEL 2
ALSO KNOWN AS NORTHERLY RIGHT OF WAY OF WARNER AVENUE 60.00 FEET WIDE,
TO A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF
OF 74.50 FEET, THERE ALONG SIDE CURVE A CENTRAL ANGLE OF 11'37'14",
A DISTANCE OF 15.11 FEET TO THE POINT OF BEGINNING
THENCE CONTINUING FROM SAID POINT ON A TANGENT CURVE CONCAVE NORTHWESTERLY
WITH A RADIUS OF 74.50 FEET, A CENTRAL ANGLE OF 02'37'46", A DISTANCE OF 3.42 FEET;
THENCE NORTH 75'15'32» WEST 13.10 FEET;
THENCE NORTH 9.21 FEET;
THENCE EAST 16.00 FEET;
THENCE SOUTH13.34 FEET TO THE POINT OF BEGINNING
EASEMENT AREA CONTAINS 189.96 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY, AND EASEMENTS OF RECORD, IF ANY
SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF:
PREPARED BY QROFESS/ON o K04Tq��
9
=' No. 26571 z
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Exp. 03/31/08
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ANDREW J. KOLT ARY, RCE 26571 & Civ��
OF CA\-\F��