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Home My WebLink About2008-12-11 - Easement Kook H. Cho, a married man as his sole and separate property RECORDING REQUESTED BY Recorded in Official Records, Orange County \Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: IIIIiIIiiIIilliilllillllilllliillllllllilllllllllllllllllliiiillllillllllliNoFEE City Clerk 2009000097375 08:59am 03/03/09 Cityof Huntington Beach ?�on 116 45 Al2 7 2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 2W _// [Space above this line for Recorder's use.] aa-- , This document is exempt from recording fees pursuant to ( I Government Code Section 6103. s, f SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Kook H. Cho, a married man as his sole and separate 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 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 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 t—day of . 200_k. GRANTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By. (print name) Director of Public Works ITS: (circle one) Chairman/President/Vice President/Assistant Secretary ATTEST: I City'Clerk By: (PUMSUANT TO PESOLUTIONNO.2003-29) (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice Q �G President/Assistant Secretary City Attorney TT REVIE APPROVED: ity Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OMNiSie Lisa ttadani Hoffman, On 1,2CU5 before me Notary Public Date IHere Insert Name and Tale of the Officer personally appeared c) Name(s)of Signer(s) who proved to me on the basis of Ili factory evidence to be the person whose name i are subscribed to the §thin instrument and acknowledged to me that he he/they a ecuted the me i hi er/their authorized LISA KITADANI HOFFMAN capacity,sand that by h Ther/their signature(s)-on the COmmISalon# 1628695 instrument the persor4fbj, or the entity upon behalf of Notary Public - California which the persoty(sl acted, executed the instrument. Orange County My Comm.Expires Jon 8,201 r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official eal. Signatu Place Notary Seal Above Signature of Nota OPTION Though the information below is not required by law,it may pr a valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document � �(^ �✓ ��t� Title or Type of Document: �iiTr.,ci'l,�)��/ l�L, I If�t t ��2 Document Date: • 1 ,i Number of Pages: 7 Signer(s) Other Than Named Above: �� ( I Q Capacity(ies) Claimed by Signer(s) l Signer's Name: Signer's Name: K Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ _ ❑Partner—❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact NEI i1w •- ❑ Trustee Top cf thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Co rvator ❑ Other: ❑Other: Signer Is Representing: S er Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.NafionalNotaryorg Item#6907 Reorder.CeliToll-Free 1-800-8764=7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 6 dt /4n.1' /2-6 26-0 before me, Date Here Insert Name and Titl of the Officer personally appeared A1,,)k C/ �_ / �/V/j Names)of ig ert e who proved to me on the basis of satisfactory evidence to be the persorCs whose nameAO-is re subscribed to the within instrument and acknowledged to me that f�elsh�l__t ley xecuted the same in a their uthorized capacit ies , and that b r eirsignature(o on the instrument the personw, or the entity upon behalf of r� which the persoracted, executed the instrument. P.1.ESPARIA C4mtrassion815"179 1 certify under PENALTY OF PERJURY under the laws Nolay Putc Cc*tortdo of the State of California that the foregoing paragraph orange Co�tY 9 g p 9 ph is 1MyrCanrn.EVbWAu94, true and correct. WITNESS h n of � ial seal Signature Place Notary Seal Above Signature ary P 'is 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:Lj�� 7 1Z /Z71 Document Date: — Z/ 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 " LEGAL DESCRIPTION: WA TERL I NE EASEMENT THE NORTHERLY 10 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 OF TRACT NO. 298, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 14 PAGE 24 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 72 FEET LYING IN BEACH BOULEVARD AS NOW ESTABLISHED. ,,POFESS/p� K. R- BF �l � 9,yy$ FAG' �w � NO.cr- 13737 = rn EXP.3-31-2009 X C A G ORGE K. BERNHARTH R.C.E. 13737 10 FOOT WIDE WATERLINE EASEMENT PREPARED BY: ASC SEABOARD ENGINEERING CO. JOB NO. 08-03 1100 S. BEVERLY DRIVE, STE 201 CHECKED BY MAD LOS ANGELES, CALIFORNIA 90035 DATE 07/30/2008 TEL. (310) 277-7337 FAX (310) 277-7339 APPROVED: GKB SEABOARD®SEABOARDENGCO.COM PAGE 1 OF "EXIT IB I T B ri _ r K' i A I r i 12 g! ------ -- - -------S 00X445-E_—__-- A L L E Y — ALLEY W'L Y R/W UNE — S 00' S" -� -- � -® -- -- -- _- -- -- 110.00 5.00' -- -- -- -- __ -� N89205'E--1 W ' F rest' I 22 �� 20 F� 18 F� 1 �I 1 to 12 �� 10 �� 8 I A I c T 1 1 2 a I I �I ___ ____ N 00.4445 W _____ _____ d = 90'rr'00' E'LY R/W UNE OF BEACH BLVD. —— ————— ———————— • I R = 27.00' L 42.50' PROPOSED 10 FOOT WIDE = N'- T= 2709' WATERLINE EASEMENT �o BEACH BOULEVARD a� �1 N 00'44 45' W 660' �- QPpF Esslo 4�0 K.BER00 n 3 « NO.13737 rri w m EXP.3-31-2009 S� CIV1� PROPOSED 10 FOOT WIDE WATERLINE EASEMENT SCALE: 1"=50' SEABOARD ENGINEERING CO. JOB NO. 08-03 SURVEY BY: 1100 S. BEVERLY DRIVE STE. 201 NOTE: M.B. LOS ANGELES, CALIFORNIA 90035 DATE: 07/30/2008 T L. (310 277-7337 FAX (310) 277-7339 BEARINGS AND DISTANCES ARE RECORD AND PREPARED BY:AS� EMAI ADDR S : SEABOARD@SEABOARDENGCO.COM SHEET CALCULATED PER TRACT NO. 298, BK. 14, 1 PG. 24, MISC. MAP. CHECKED BY: BY G.K.B. GEORGE K. BERNHARTH R.C.E. 13737 OF '� SHEET