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HomeMy WebLinkAbout2008-11-19 - Easement Gothard Street Industrial, L.P., a California limited partnership - ZZZYZX, Inc., its general partner, through R. Donald Schisler, Chairman - and Linda Schisler, Secretary Recorded in Official Records, Orange County RECORDING REQUESTED BY ) Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: ISIIIIIII0S0IIOIIISeI NO FEE City Clerk j 2009000097378 08:89am 03/03/09 City of Huntington Beach ) 116 45 Al2 8 2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 j Huntington Beach, CA 92648 A�yq _ 1-3 6 7_ /O [Space above this line for Recorder's use.] �r �D7 �T 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, Gothard f y Street Industrial, L.P., a California limited partnership, (hereinafter "GRANTOR"), ; hereby grants and conveys to the City of Huntington Beach, a municipal corporation of 1 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 in that certain Easement Deed recorded March 16, 1988 as instrument number 88-118885, official records of Orange County and shown as 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. agree/city wide/special utility easement I GRANTOR retains the right to use the surface of 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 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, nor 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—#— b day of Aloy 200 8. GRANTOR CITY OF HUNTINGTON BEACH, Gothard Street Industrial , L. P. a municipal corporation of the State of California By: ZZZYZX, Inc. , its general partner, through R. Donald Schisler �4 -- (print name) Director of Public Works ITS: (circle one) Chairing resident/Vice President/Assistant Secretary ATTEST: City Clerk/ By: O(P)UIRSUANT TO RESOLUTIONNO.2003-29) ZZZYZX, Inc. , its general partner, through Linda Schisler (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice P P D President/A-a i t ecretary 1 ,-2' k City Attorney REVI YEAD AND APPROVED: l� Y City Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 00-0(,�► �,�� On I ( /lei/0 5 before me, aru �• ► �r�� Date — � Here Insert Name and Title of the Officer personally appeared !4• ate SCh;Sler &fi:�n LawJ,(. SGAf{51.�, Lf Di4. y'G-4 Nam(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s) whose names)Nare subscribed to the within instrument and acknowledged to me that h•fto/they executed the same in-11SA4er/their authorized capacity(ies), and that by i V14et(their signature(s) on the instrument the person(s), or the entity upon behalf of I M)LL 111 which the person(s) acted, executed the instrument. COMK'. 01624675 z Ir Notary Public•Cati#omia a z '.i Orange County y I certify under PENALTY OF PERJURY under the laws My.Comm.Ex itesNov.25,2tl09 of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal Signature . 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 Title or Type of Document:t ✓04916" U>I f!:�y ��3� Document Date: 1 m I C� 5 Number of Pages: •1 rk A a'L A Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: R. Do p,.,/ 4 c6►<Slme Signer's Name: 4, rr4 se4 -,c f�-g- ❑ Individual ', eC' V,2""N 15C�ijs�� ❑ Individual Corporate Officer—Title(s): CfV 5a;Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑Partner—❑ Limited ❑General _ ❑ Attorney in Fact _ ❑Attorney in Fact • ❑ Trustee Top ofathumti here Top of thumb here yam, kti rT ❑Trustee o f N t:: ❑ Guardian or Conservator � �, ❑Guardian or Conservator ❑ Other: ;� �r ��` ��4 ❑Other: Signer Is Representing: a +�pf� \� ' Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Sox 2402•Chatsworth.CA 91313-2402•www.NatkmVotaryorg Item#5w7 Reorder;CallT n-Free 1-B00-876-M7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,j .r- Or — 2-w7 before me, ate Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the persorsDhose namgs.is&re�ubscribed to the within instrument and acknowledged to me that 1--19`efs /the` xecuted the same in--h+s/ha6ffi&authorized capacit ie and that by-Ws the—!'iignature(!EDbn the instrument the person or the entity upon behalf of which the persor(gacted, executed the instrument. P.L.ESPARZA COrr" #1S") I certify under PENALTY OF PERJURY under the laws NotaryPAft Cam of the State of California that the foregoing paragraph is orange County COMM.4101MV EXOMAU94. true and correct. WITNESS h d a ` off' ia5Notarufblic Signaturej rPlace Notary Seal Above Signature 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: Document Date: f 1 —' / r � 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 _ El 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 eXhi%oi AVOFORAWWCOWrYCAUPCOM asv of HUMINOTM MACH Aso VOW w.adnd IrM A. -$!! PM W 1618 C"CWk arc of aM OnchEXEAAPI' ,a .� a P.Q Boll 19p � EASEMENT ®Eta® rlim-); � D �al1EWMlemoig�ol� IP EMRMNWd71L, DEVELOPM, A P do hweby GRANT to dw Cfff OF HURfANGM ggAak ifor water Lim p�s""Pa- a t aad seems adm ©ff [iUNTRIGTON HFACH.V, 69 Otaade�Sate of Ahat portion of land withLn Parcel 1 of a Parcel Hap in the City of Im*Jngton Heath as shown an Parcel tbp t4wbar 87-115, mounded in Hoak 223, Pages 23 and 24 of Parcel Maps, seoozds of orange Qvmty, Cali.fomia, described as follows: %e north 10.00 beet of the south 153.00 feet of the east 174.00 feet of said Parcel 1. together with the north 12.00 feet of the south 143.00 heat of the west 10.00 feet of the east 174.00 feat of said Parcel 1. ENVIRMaGNM DEVELOPERS, A PA Rood srArswcekWoaw: OOilgtll0} )SL as AoRalm owm,earl mar+.�aoWr RtOls+w m.d Aw emli cash, owav appm" - Imnmeu�ll Aamnlaa M�(�wmvmd N mr--tln AWII N�wlbgmel oroill N M Ism otssaaawUl aAmr eawza{o�)�noolrlam!M/M No w Rob-toM mod to an oom khmo "mrowai Mil~. mr Awe/Dad m0alM1 ad. iPtlWm �fMil ole Ilv mlRllll m®Irle1 mnip i � I Y r 1 _ 7 f _ .a 88-1105 � � _ 1 ;' UtIN1 t C5 6+�r pp it°fr•.4•m[w..11f�.r�unrtl�•r♦.j—d rWa4.nl°i'.dlt+r In A'x11. 9 • =n..7�itwt+w I+wnrnyl aFi>•'An d �. (itfYll•J 6a'y� 1.+ ••0/t.y.mn to 40r prorrA I.- iM•1.a+of•AI• 1?.1.rl 1•a d•'".MI in l•r•ltw ptral n thlt qNN uW Iht•Mdh,, �;• ..Y^•nAMOA Inf11Yrt.811186 pi0MWt54 •1 'Mhl UAL 1 1+ two behtllld •h�dL4AC/ �.Xid.�.l tCl •°:J • '•1•t FOSTER� . .A•ra Rh•0 8 b u �:zlr,�a�• alo Pnnlwarah{r ,14 rvt �1 }na4n t 71 n IM•t..n ad And ocdnoml®dOod to na tt+ai Itto psnwmr+hw da � f rp•n tl� 19 14!11 m euKutodd ri.....✓ir...•.•a •m . n WIT WS3nflrhund&WoNx4af%oat 1 �xh'4►o►4- A LA City of Huntington Beach P.O. sox ISO CAUVOMIA SM49 C� =mi This is to cowtify that the ieeterest In real propertycomes eyed by the deed dated February 18, 1988 from Enviromeental Developers to the City of Huntington Beach a es micipal corporation is haraby accepted by the undersigned of Hear or agent on behalf 91 the City Council of the CTT OF RUMINMON BRAM pursuant to the authority conferred by Resolution mo.3537 of the 61ty Comail of the city of Kuntington Beach adopted on August 7 1972 acid the grantee consents to the recordation thereof by its duly sutAorimed officer, Datad: March 11, 1988 CITY OF HIMINGIM STACK y Mark n • 8ys