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HomeMy WebLinkAbout2008-10-31 - Easement Darin Paul Smith and Kimberly Abbamonto Smith, husband and wife as community property t Recorded in Official Records, Orange co RECORDING REQUESTED BY Torn Daly, Clerk-Recorder �' AND WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN 2009000097376 08:59am 03 FEE City Clerk 116 45 Al2 7 I03/09 City of Huntington Beach 0.00 0.00 o.00 a.oa o,00 o.o 2000 Main Street o 0.00 0.00 Huntington Beach, CA 92648 ) 6/ [Space above this line for Recorder's use.] This document is exempt from recording fees pursuant to T Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged Darin Paul Smith and Kimberly Abbamonto Smith, husband and wife as community property (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 described as the Northerly 40 feet of Parcel 1 of Parcel Map 99-165 recorded in Parcel Map Book 312 pages 49 through 50 and as shown on Exhibit A (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. Grantor retains the rights 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 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 reasonable 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 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 overhand 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 of 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 easements harmless against all claims, liabilities or expenses, including costs and attorney's fees, arising from CITY's use of such area. In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrances 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 the Grantor herein this -31 9day of 2000 GRANTOR CITY OF HUNTINGTON BEACH, a municipal Darin Paul 1 corporation of the State of California By: print name Director Public Works Title: Prop-no ATTEST: GRANTOR City Cferk v �� Kimberly Abba nt S'th (PURSUANT To RESOLUTION NO.2003-29) By: � ,Lt (U EwA REVIEW AND APPROVED: rint name Title: P vteoj owrtve ity Administrator APPROVED AS TO FORM: Ut City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ' County of Ontefore me, Date Here Insert Name and Title of the Officer personally appearedUl Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persortwhose nameU5)146 re> ubscribed to the within instrument and acknowledged to me that hefsh fie 'executed the same in-N&1her ei " uthorized capacity 'es , and that by44s4w<f ��signaturej on the instrument the person, or the entity upon behalf of which the personacted, executed the instrument. P.L ESPARIA Co nmission#155"179� I certify under PENALTY OF PERJURY under the laws Nokny Public-CatlforPNa of the State of California that the foregoing paragraph is O=W County true and correct. My COMM.Expbes Atop 4,2tm9 WITNESS m han doff 'al seY. Signature Place Notary Seal Above pST q Y Signature o Notar ublic ®r/a'ONi�I L 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: Document Date: 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.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of rI, On (,�c;�a.��r i � before me, ��. s`c`��� C: Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared r 1,, A", .��,� G� .,k X b14 e r-ly A114h e:i"VJ7o 5,41"ik Name(s)of Signer(s) e ;personally known to me r 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 DEBO RAM C.OYRE he/she/they executed the same in his/her/their authorized Commission*1663366 capacity(ies), and that by his/her/their signature(s) on the Z01 ,mV Notary t 'C nge Countv instrument the person(s), or the entity upon behalf of �ExpM May .2.1 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above - ' Signature of Notary 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 �J Title or Type of Document: 3 JOB'-ci - Document Date: Number of Pages: 15 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 Q, _ Mll, ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ' ❑Attorney in Fact El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: _.. ©2006 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A 31Z qq SHEET 1 OF 2 PARCEL�ll pH P NO. 99-165 ACCEPTED AND FILED AT THE ` 2 PARCELS REQUEST OF I�(••/ 0.498 ACRES GROSS NORTH An rDlcAn BLOCK 5645 IN THE CITY OF HUNTINGTON BEACH,ORANGE COUNTY, DATE O&C 2J9' 2116'19 MODULE 97 STATE OF CALIFORNIA TIME 11:14— FEE s q" DATE OF SURVEY 9-23-99 BEING A SUBDIVISION OF PARCEL 1 OF P.M.B. 254/32-33 INSTRUMENT/ 201"W0002, III- ALL OF T.P.M. NO. 99-165 RECORDS OF SAID COUNTY. BOOK 31L PAGE If, 50 JONES, CAHL & ASSOCIATES GARY L.GRANVILLE R.H. CAHL RICE 21005 CLERK-RECORDER BY EPUTV OWNERSHIP CERTIFICATE ENGINEER'S STATEMENT WE,THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A THE LAND COVERED BY THIS MAP,DO HEREBY CONSENT TO THE PREPARATION AND FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION RECORDATION OF SAID MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER LINES. MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF HARRY DERDERIAN,ON OCT.1999.1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN SUCH POSITIONS ON OR BEFORE MARCH 15,2000;AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY RY 0 RI AND OE LOPES DER ERWJ APPROVED TENTATIVE MM.IF ANY. HUSBAND AND WIFE AS JOINT TENANTS ov?8 QODD �pEry'NRO I'VER/04,ry MY R REGISTRATION EXPIRES 9-30-01 WELLS FARGO BANK,N.A.AS BENEFICIARY UNDER DEED OF TRUST RECORDED ! MARCH 24,199B AS INt5TR1UMENT NO.19980167129.OFFICIAL RECORDS. °� N0.21005 m /' �,�L.�/ Cam. - ✓t EXP•2L39LQt 41 BY: " _✓!�-li�"� BY:�-6 OF CAl\F�+S PRINT NAME:MA'( fRIIS PRI NAME: - C��ff7ast TITLE: YICW PRe510 EY-r TITLE:4.64Vrry49+01-4 STATE OF CALIFORNIA) COVNtt SURVEYOR'S STATEMENT 3 55 COUNTY OF ORANGE I HEREBY STATE THAT I HAVE EXAMINED THIS IMP AND HAVE FOUND THAT ALL MAPPING PROVISIONSOF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND i AM SATISFIED SAIDIDM MAP IS TECHNICALLY CORRECT(RELATIVE TO THE PARCEL MAP ON THIS �? DAY OF I-�R �K�' 2000,9EFORE ME,A NOTARY PUBLIC, BOUNDARY.) PERSONALLY APPEAR5 HARRY DERUERWJ D DE LOPES DERDERWN,HUSBAND AND WIFE ,,���[ AS JOINT TENANTS.PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF DATED THIS lam/ DAY OF 2000 SATISFACTORY EVIDENCEI TO BE THE PERSONS WHOSE NAMES IS SUBSCRIBED TO THE TANp WITHIN INSTRUMENT AN ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR �� AUTHORIZED CAPACITY,AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. &N r,A i'4 Orin�Cn^tJ S _y., eo.aom WITNESS MY HAND: SIGNATURFq. �c„/ fr.y� MY PRINCIPAL BLAC�E OF BUSINESS ISPj, Yyr NOTARY PUBLIC IN AND F ID STA IN '7 'r^Y 3 COUNTY. "-U N �/V/•'''-C MY COMMISSION EXPIRES (NAME PRINTED) IIOHAl➢I,WMESNIL CITY ENGINEER'S STATEMENT Con IvbnN 131pBV j NduY we.c-Coilbnb HEREBY STATE THAT I HAVE EXAMINED THIS NAP AND HAVE FOUND IT, BE NOTARY ACKNOWLEDGMENT FOR WELLS FARGO: O,ma Cwnry Is IN CONFORMANCE WITH THE TENTATIVE MAP.If REQUIRED,AS FILED AM Camm.F4ia Febl¢R21 WITH,AMENDED AND APPROVED BY THE ZONING ADMINISTRATOR;THAT ALL STATE OF DN ) PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE rj)SS BEEN COMPLIED WITH AND THE MAP IS TECHNICALLY CORRECT IN ALL ASPECTS NOT COUNTY OF ASMi T �•� ,I /1� I STATED TO BY THE COUNTY SURVEYOR. ANDJh- )! AU-150�ryl�lt(7f�(J 06438(a)(3(A)AOF THE SUBJECT SUBDIVISION AMAP AACCT PURSUANT TO THE PROVISIONS OF SECTION ON THIS�OAV OFFlERO.fL 2000,BEFORE ME, PERSONALLY APPEARS Ar✓P,CIlS 440 0,s,/\tt/N ^p pR ES PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY DATED THISDAY OF !Ns+s 4 2000. EVIDENCE)TO BE THE PERSON(S)WHOSE NAMES))IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE//TTHEY EXECUTED THE SAME IN c No.2092f -+ HIS/HER/THUR AUTHORIZED CAPACITY(IES),AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON BY: • ENI.8360i t THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ROBERT E.EICHBLATT CITY ENGINEER OF HUNTING70N BEACH ACTED,EXECUTED THE INSTRUMCENT. R.C.E.20921 IVM1. EXP.9-30-01 LI WTNESS MY HAND:(•�' PIµSH,410 VBUSINESSisIGNAl R WNOTARYBLIC IN AND COUNTY. COUNTY TREASURER-TAX O TOR' RTIFICAT 00 MY COMMISSION EXPIRES &@2 !%;.00.j (NAME PRINTED) STATE OF CALIFORNIA ) SS p`22 ALLI`SOMPM•ORGANeXz COUNTY OF ORANGE HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR SIGNATURE OMISSIONS UNPAID STATE,COUNTY.MUNICIPAL OR LOCAL.TAXES OR SPECAL ASSESSMENT$ COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 66436(a)(3)OF THE SUBDIVISION TAXES NOT YET PAYABLE. MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: AND DIO ALSO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISIONS MAP ACT HAVE BEEN COMPLIED WITH REGARDING 1. THE SIGNATURE OF THE CITY OF HUNTINGTON BEACH AS HOLDER OF A COVENANT DEPOSITS TO SECURE THE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AND AGREEMENT DATED FEBRUARY 3, 1965 AND RECORDED IN BOOK 7402,PAGE 322 AS TAXES ON THE LAND COVERED BY THIS MAP. OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA. 2. AN EASEMENT FOR ROAD&PUBLIC UTILITIES&INCIDENTAL PURPOSES AS //// RESERVED BY CUUD A GRAHAM AND FLORENCE L GRAHAM PER DEED DATED THIS DAY OF ) 2000. RECORDED APRIL 13, 1954,IN BOOK 2708,PAGE 611,O.R. 3. SOUTHERN CALIFORNIA EDISON COMPANY,HOLDER OF AN EASEMENT FOR ,-y EASU ER- COLLECTOR I EITHER OR BOTH POLE LINES,CONDUITS&INCIDENTAL PURPOSES PER DEED JOHN M.W.MOORLACH BY: RECORDED IN BOOK 2726.PAGE 525,O.R. COUNTY TREASURER-TAX COLLECTOR DE U R 4. SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA,HOLDER OF AN EASEMENT FOR PIPE LINES&INCIDENTAL PURPOSES RECORDED DECEMBER 30, 1957. IN BOOK 4151,PACE 3,O.R. IMPROVEMENT CERTIFICATE PURSUANT TO THE PROVISIONS OF SECTION 56411.1 OF THE SUBDIVISION MAP ACT, W NOTICE IS HEREBY GIVEN THAT ALL REQUIRED IMPROVEMENTS WILL BE CONSTRUCTED AT THE TIME EACH PARCEL IS DEVELOPED. S EXHIBIT A 31L so Y SHEET 2 OF 2 r 2 PARCELS PARCEL® MAP NO. 99-165 0'498 ACRES DATE OF SURVEY 9-23-99 IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, ALL OF T.P.M. NO. 99-165 STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 1 OF P.M.B. 254/32-33 RECORDS OF SAID COUNTY. JONES, CAHL & ASSOCIATES R.H. CAHL RCE 21005 BASIS OF BEAF&M THE BASIS OF BEARINGS ON THIS MAP ARE BASED ON THE CENTERLINE OF GRAHAM STREET BEING NOO'09'19'E BETWEEN ORANGE COUNTY C.P.S.CONTROL.STA77ONS NO.5095 (GRAHAM&PENDLETON)AND NO.5103(GRAHAM&H£IL), PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DATUM STATEMENT FD.PUNCHED 3 CH CITY OF HUN7INGTON BEACH SURVEYORS COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE OSX,OR 0.5 51 WELL MOH. SYSTEM(CCSBJ),ZONE IV, 198J NAD,(1991.J5 EPOCH OCS CPS NORTH OR.CO.CPS/510J AD�.t/STMENTS). SCALE: 1'=JO' N.2211210,007 ALL DISTANCES SHOWN ARE GROUND,UNLESS OTHERWISE NOTED, E.6019597429 TO OBTAIN GRID DISTANCES MUL 77PLY GROUND DISTANCE BY 0.99997126. LEL AVE�— . R�/ a r• FD.SPK.&WASHER - OLD FD. 11/2'LP, D08i ATE 8R�n �}5jg�al hh PER P.M.B.254/J2-JJ PER D.M.11/11 SB978'11'E 603.33' (60340) <603.40'> /1 L 152J8' (152.40) 58978'11 E TJ3.49' (13J.50) X7.46' (JIZ50) 73.49' 60.00' N040.00D90''11'E g S U~ N 60.00 (60.21 J �— — z FD. 1 1/2'LP. FO. 11/2"LP, PARCL1 PARCEL 2 PER P.M.21/11 6 I ON LINE 0.274 Ac(GROSS) 0.224 Ac(GROSS) 0.2065 Ac(NE7) 0.1562 Ac(NET) y w F � C I b 8 o 9229' (91.?9) 73.49" 60.00' 31748, (JiZ50) O FD.NAIL&TAG CS J256 IN TOP N8978'50'W 13J49 (133.50) OF'6'CONC.BLOCK N8978"50""W 543.26' (543.29) <543.29'> WALL PER P.M.B.21/11 \ FD.SPK. WASHER RCE 23956 \ER P.M.B.254/J2-JJ � b r\ � WAMER AVE F0.NOTHING SET NOTHING r "O\Z EASEMENTS \ O 40 FOOT ROAD AND PUBLIC UTILITY EASEMENT PER (e PEW&TVINO14 BOOK .811,O.R.AND EASEMENT TO SOUTHERN PUNCHED R.R.SPK. f0. 2708 PC CoUNDES GAS COMPANY OF CALIFORNIA FOR PIPE OR,CO.GPS/5095 LINES RECORDED DECEMBER 30, 1957 IN BOOK 4151, N.2208111.407 P.G.3 O.R. E.6019589.027 O i0 FOOT EASMEN7 FOR POLE LINES AND CONDUITS PER BOOK 2726,PG.595,O.R. W N MONUMENT NOTES RECORD DATA • — INDICATES FOUND MONUMENTS AS N07ED —INDICATES FOUND 1 I/2 1.P, TAGGED ( J INDICATES RECORD PER P.M.B.264/32-33 L.S.3258 PER P.M.B.21/11 < > INDICATES RECORD PER PARCEL MAP BOOK 21,PAGE i! O —1'I,P. TAGGED RCE 21005 TO BE SET ,n, —NAIL AND TAG TAGGED RCE 21005 TO BE SET 70-oo3�U-a'T ne,.