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HomeMy WebLinkAbout2008-11-05 - Easement First Christian Church of Huntington Beach, a California Non-Profit Corporation - Richard D. Garman, Chairman - Thomas M. Walker r} RECORDING REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: II��II�IIDIIDiII 0011�181i1i1 iBBlll��iilelll IIIi1109i iii Idl�l611i18i NO FEE City Clerk 2009000097379 08:59am 03/03/09 City of Huntington Beach 11 s 45 Al2 s 2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 lt): D�3 ��� 1- [Space above this line for Recorder's use.] T(7 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, First Christian Church of Huntington Beach, a California Non-Profit Corporation, (hereinafter . "GRANTOR"), hereby grants and conveys to the City of Huntington Beach, a municipal eS 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 #on-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, not 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. 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 � day of 200S. GRANTOR CITY OF HUNTINGTON BEACH, First Christian Church a municipal corporation of the State of California By: Pic-rtA1ZD D. 6 RMAA J (print name) Director of*ublic Works ITS: (circle one airm President/Vice President/Assistant Secretary ATTEST: City Cl erk% By:f J / (PURSUANT TO RESOLUTION NO.2003-29) (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice President/Assistant Secretary At%f'i''l�'"� ' /L//��'8 City Attorney REVIEW ND APPROVED: City Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Count of Or nge On Q�/ . before me, Fiona M. Thompson, notary public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared ) (3,,r "AC MV 1 , who proved to me on the basis of satisfactory evidence to be the person(Nywhose name(k) is/ftr-& subscribed to the within instrument and acknowledged to me that he/siretfihey4 executed the same in his/her/dteir authorized capacity(t&s), and that by his/l c&dieif signature(X) on the instrument the person(, or the entity upon behalf of which the person('$) 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. FIONA M. THOMPSON Commission # 1730097WITNESS hand and oc'aI seal. .m Notary Public -Caaliforninia � my ffi - Orange County My Comm.Expires Mar 9,2011 - OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL c, j� ❑ CORPORATE OFFICER V1tiQ,I� TITLE(S) I LE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: D TE OF 60CUMENT SIGNER IS REPRESENTING: —twat IM al v NAME OF PERSON(S)OR ENTITY(IES) 1 SIGNER(S)OTHER THAN NAMED ABOVE i t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California I County of On before me, ) Date H re Insert NaMelfrid Titlea the Officer personally appeared NameM Of olege) i i i who proved to me on the basis of satisfactory evidence to be the person(b) whose name(A) is/are subscribed to the .within instrument and acknowledged to me that he%i twy executed the same in his/hen4he4f-authorized capacity(tes), and that by hlsJheft6i;signature(4) on the instrument the person(k), or the. entity upon behalf of FIONA M. THOMPSON which the person() acted, executed the instrument. j Commission # 1730097 I certify under PENALTY OF PERJURY under the laws f .e Notary Public -California = Orange County of the State of California that the foregoing paragraph is MKOmm-WesMar9,2011 true and correct. WITNES my an and official seal Signatu Place Notary Seal Above p nature of Not ublic OPTIONAL I. 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: j Document Date: Number of Pages: i Signer(s) Other Than Named Above: j } Capacity(ies) Claimed by Signer(s) i k 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 hers it Trustee Top of thumb here i ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary AswClaUon•0360 De Soto Ave.,P.O.Box 2402-Mtsworlh,OA OiM-2402-wivmNationaWotaryorg tlem#M7 R9order.Calnb6-Free l4W0-876,M7 t. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of_- � Orin 24� 2oo efore me, Date Here Insert Name and Title 5f the Officer ' personally appeared jZ7A,,-) C_- FL Y/tJI�J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person� whose names) 'so iso subscribed to the within instrument and acknowledged to me that be the-'executed the same in-Hsfh thei authorized capaciVes`, and that by-i4&her ei signature on the instrument the persor , or the entity upon behalf of In which the persono acted, executed the instrument. L.EVI18YA #15"179 1 certify under PENALTY OF PERJURY under the laws Will PUbUC-Caftil of the State of California that the foregoing paragraph is Courdy true and correct. M Comm.Expos Aug 4. WITNESS my h d nd`o Ic Is �. Signature Place Notary Seal Above Signature of No 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 CLiTc_- U77L/ 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.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" " Legal Description for Water Facility Purposes That portion of Lot C of Tract No 260, as per map recorded in book 13, page 34 of Miscellaneous Maps, recorded in the Office of the County Recorder of the County of Orange, State of California, together with a portion of Loma Avenue, as shown on the map of Tract No. 14318 as filed in book 706, pages 24 through 26, inclusive of miscellaneous maps, in the office of the County Recorder of said County described as follows: A strip of land 10 feet in width lying 5 feet on either side of the following described line: Beginning at the westerly terminus of that certain course as shown on the map of said Tract No. 14318 having a bearing and distance of"N 48°40'00" W 359.91' ", said point also lying on the easterly right of way of 17th Street as shown on said map; thence along the easterly right-of-way of said 17th Street N41°20'00"E a distance of 166.84 feet to the True Point of Beginning(TPOB);thence S48°40'00"E a distance of 224.74 feet; thence S33°26'31"E a distance of 166.99 feet; thence S45°58'05"E a distance of 128.12 feet;thence S72°43'11"E a distance of 120.56 feet;to a point on that certain curve as shown on said map of Tract No. 14318 having a radius of 80.00 feet, a central angle of 72°09'25" and an are length of 100.75 feet, a radial line to said point bears N42°5521"W. The sidelines of said easement shall be lengthened or shortened as to terminate on said easterly right-of- way line of 17th Street and on that certain curve as shown on said map of tract no. 14318 having a radius of 80.00 feet, a central angle of 72°09'25"and an arc length of 100.75 feet. Said strip of land contains 6,405 square feet(0.147 Acres)more or less. Said land being more particularly shown on Exhibit"B"attached hereto and made a part hereof. Ronald M. f3undy, PE C25181 IFE'�s �O c e 0. C2 181 n, L1O EXHIBIT " " . I a au<- 10 5 WA 4/22-20 ( = SCALE: 1" = 80' N 2� LU a: AM 10/04 NNIVI LLI POR. OF LOMA AVENUE �`, � " _ L1 _ TO BE VACATED BY .4 N42 55,21 W SEPARATE INSTRUMENT G� C1RN54'58'0_7"W_ L3 RAD ° POE3 - ��0 N29'46'30"W I RAD o i � �N48'40'00"W� 189.86' N54'43'35"E AQ SAN NICOLAS 12.67' CIRCLE LINE DATA N48'40'00"W 359.91' �}�� LINE BEARING LENGTH �\ L1 S48'40'00"E 224.74' L2 S33'26'31"E 166.99' L3 S45'58'05"E 128.12' QROFESS/pN L4 S72'43'11"E 120.56' M. eGti L5 N40'59'55"E 99.80' �o o� L6 N72'48'47"W 78.18' Z CURVE DATA No. C25181 r, oc �' CURVE DELTA RADIUS LENGTH Exp.12-31-09 Cl 2511'37" 12.00' 5.28' CIVIL Q C2 72'09'25" 80.00' 100.75' FOF CAI-Ak RO PE C25181 M. BUNDY A C3 12002'46" 80.00' 16.82'