HomeMy WebLinkAbout2010-02-09 - Easement County of Orange - OC Waste and Recycling l
1 RECORDED AT'l714E REQUEST OF
:AND WHEN RECORDED MAIL TO: `
Recorded in Offciai,Recgrds,Orange County;
Tom Daly,Clerk-Recorder
A'
City of lsluntington Beach; lilll�1111'III'lIIIIIIIC�'IIlllil{i�l�lllll NO FEE
P.O`. Sax 19tJ
Huntington Beach, CA 92648- 201_000007149512.07 pm 02P1.6/10,'
? !lttn: Real ]-.'state Scrrvcps 62 413 E01 A04 13; '`
0.00 0.00 O.00 0.00236.00 0.00 0.00 0.001
9 Recording I=ee E;empt
P.er Government Code 2.7382
1 I i:::Xcrtlpt from payment of
Documentary Tr nsfier Tax
l3
TI[IS SPACf-; FOR RECORDEWS USE.ONI.`r"_,
P'rqect No: PIM_ 1 a5-31
17 Protect: Gothard SCrezt:Landfil'l
19
EASEMENT DEED
i`IIIS E AS1:M ENT DE D is made ')Q' C�; by and between
,.
21 COUNTY OF ORANGE, a political subdivision oft_e,-State of Califon iia,,(`'GRANTOR" and CITE` OF
HUNTINCOTON BEACH, a body corporate and politic, ("GRANTEE").,
?j
RFCTTAI,S'
A. GRAN."t-0R is the I-etouWncr of certain re al property (t he," EascinenI Area") lacatI-&at the Gothard Street
29 closed la.nd'1 1I in the County of Orange, State orCaliii�rn a, described,in.Exhibit A and shown on > xhit�it
13, both attached hereto and made a part hereof-
B. In conjunction with its adjacent park development, GRAN I'L�E'vishes to construct road iriaprovements
33 over the Fakinent Area.
;; C. C;RAN,ro[Z`.desires to convey anon=exclusive easement to GRANTEE over and across the Easement
Area for ace+ss purposes-and for constructing and maintaining road and'drainagc iinpro cements.
37 inspectors_;, repairing replacing and taking all other actions reasonably necessary for GRANTEE to
construct road and drainape:irnpra3=ernents and to,preserve the integrit-N.-ofthe Easement Area and the
39 closed Gothard S%re t Landfill upon the terms aiid;condtti'ons set linrth belov,F.
41 NIOW,TH RP170R.E, in consideration of the premises and agreements contai tied herein and for other Poild
�5
and valuable consideration,the receipt:of.whirh lis hereby acknowledged, the.part es hereto Agree as fall'ciws:
1. GRANT O l /%S MENT
45
GRANTOR hereby )rants•to GRANTEE a non-ezclusrre easement over.and across,the land known as the a
47 closed Gothard Street 1_.andl7ill'in the City of Huntington leach, County of Orange,,State of California(the;
"Easement Area")described in:Exhibit"A"and shown on Fxhibit"I3" attached hereto and by this reference `
49 incorporated Herein, liar access purposes,and fOr constructing arrd maintaining road and drainage
Pale 1 oI• I,1 .. I.,.,.
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Final EfR«Augeust 2013 2-9 Response to Comments I
I improvements, inspecting,repairing, replacing,and taking all other actions reasonably necessary for
GRANTEE,to preserve the integrity of?the Easement Area,an&the closed Gothard Street Landfill_
3 GRANTEE agrees to undertake all activities necessary to maintain bath the road and drainage improvements,
and the integrity. -of the.Easement Area-at its sole cost and expense. Such-activities shall include but not be
5 limited to; fence.maintenance,erosion control andsort stability;
7 ?: CONSTRUCTION AND MAINTENANCE:
9 GRANTEE shall.have afl.construetion and maintenance,plar s-approved in writing by GRAlti1TQR's Director
o1fOC Waste& Recycling or designee(hereinafter referred to as"Director")prior to;commencement of any
II work within the Easement Area,and upon.completion`of any work G ANTEE'shall'iinmediately notify
Drector in writing of such completion. Director's approyal of GRANTEE's construction and.maintenance`
13 plans shall not be deemed approval from the standpoint of structural`.safety,suitability for purpose or
conformance with building or other codes or other governmental requirements. GRANTOR is not
15 responsible for design, assumptions or accuracy of GRANTEE's construction and maintenance plans.
Director will rely ory the professional expertise of the Engineer of Record when approving GRANTEE's
17 construction and maintenance plans.
19 Should it be necessary for GRANTEE;to disturb the surface of the Easement Area subsequent to.tlre
completion of the initial installation of road and drainage improvements,GRANTEE.agrees"to notify,
l rector in writing-sixty(50)days in advance and to--obtain Director's written approval of all plans prior to
commencement thereof and obtain a permit for construction from GRANTOR afterpayment of.normal
')3 processing-fees. .Said approval'shall not be withheld unreasonably,nor shall said approval be necessary in
any emergency situafion, however, GRANTEE shall notify GRANTOR of such emergency-situatio-n.
25
GRANTS-E.shall,have reasonable access to-the Easement Area for the purpose of exercising:,the rights herein
E7 granted, provided however,that any excavation shall be made in such.a manlier as will cause tlte.1east injury,
to-the surface of>the.ground and any improvements, including the closed Gothard Landfill and that the earth29 so removed shall be replaced and the surfacgnof the ground and any improvements,and landscaping around
such excavation damaged shall be promptly restored by GRANTEE at its expense'to the same condition as
31 existed prior to excavation,to Director's satisfaction. •AI] improvements owned orconstracted by
GRANTEE pursuant to this Easement Deed shall be maintained by GRANTEE in igoodl repair and in safe
33 condition and in accordance with all`applicable laws, rules and regulations at no cost to GRANTOR.
.. 35 GRANTEE is aware that,the Easement Area is a portion of'a former refuse disposal station containing fill
consisting of trash and other waste materials and may:be subjectAb surface and subsurface instability;
37 settlement, gas generation, spontaneous combustion.cracking, sinoifrig, and other conditions because of
such former use: .Additionally;:GRANTEF is.aware that GRANTOR:has landfill monitoring facilities-in the
39 Easement Area.
41 If GRANTEE encounters any refi=se during construction,within the) asement..Area,GRt1`tT.EE shall remove
and dispose of all such refuse and shall restore.the Easement Area with properly engineered fill in
3 accordance with specifications acceptatiie to and approved in writing by the Director'and°in accordance with
altzpplicable laws and ordinances.
45
A]I improvements constructed or placed-in the Easement.Area bY2 GRANTEE;shall include-engineered
.
47 drainage improvements (both dunngi construction and operation), so that drainage from the Easement Area
wilLnot-,impactl the landfill waste prism GRANTEE-shall coordinate the design of its.inaprovements in the
49 Easement Area w'tla Director to accomriiodate installation of groundwrater f'aclities.and allow uninterrupted,
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Final EIR.o August 2€l13 2-10 Response to Comments
I access by GRANTOR to groundwater-,monitoring facilities it addition to GRANTOR'S existing facilities'
within the Easement Area.
3
3. COMPLIANCE WITH APPLICABLE WATER.:QUALITY RE"RE-MI ENT5
5
GRANTEE shall ensure;that all construction in the Easement Area is performed in accordance Witt any
7 NPI)ES (National Pollutant Discharge Elimination Systent)'permit requirements of.,other water quality
statutes,regulations,ordinances,or�perm its applicable to the construction, including btit not limited,to,use of
9 appropriate best management practices;so as to ensure that,pollutants=are not discharged into the waters of
the State.
II
4 RELOCATION/CLGST UR- : OF EASEMENT AREA
13 _
GRANTOR reserves the right to relocate the Easement Area. In the event GRANTOR-exercises this.right
15 GRANTOR shall bear all eosts:of relocating the Easement Area ad& eplacing GRANTEE's improuemen[s,
17 GRANTOR reserves the right to close access to the-Easement Area for reasonable periods of time for
construction,maintenance and,repair on its landfill facilities: Any such closure shall be reviewed and'
19 approved by GRANTEE, whose approval shall not be unreasonably withheld. In the event of any emergency
such approval by GRANTEE shall not be required;however,GRANTOR shall notify GRANTEE ofsuch
21 emergency closure.
23 5._ INSURANCE
25 G`RANTEE.agree. s to procure and maintain at its sole cost and expense at all times while this Ease'tnent is in
effect acceptable!commerdal general liability insurance and automobile liability insurance. GRANTEE
?7 agrees to;name the County of Orange as-an additional insured under its commercial general;liability and
automobile liability policies,and agreeslhat its insurance is primary and non-contributing with any insurance
7-9 maintained by GRANTOR. GRANTEE agrees to waive all rights of"subrogation against the County of
Grange under the commercial general liability and automobile liability insurance policies. GRANTEE'
31 agrees to furnish a current certificate of insurance with,the required endorsers en ts'(governmental entities:
with requisite financial capability may.self-insure). Commercial liability and m autoobile liability policies
33 shall provide for`not less than thirty (A days-prior Ai tten notice to GRANTOR before.cancellation ai
arriendment..
35
Acceptable insurance shall meet.the Minimum Limits as set forth below:
37.
Commercial General Liability: $ ,000,000 combined single limit per occurrence,
39
Automobile Liability: California Statutory. Limits.
41
GRANTEE can self=insure for their insurance age provided such self-insurance'meets-or:e�:ceeds.alt
43 provisions of the insurance requirements as stated above throughout the term ofthis Easement. GRANTEE
shall provide:a letter or Certificate of Self-insurance ven-fyingall the stated coverage"mininums an
45 comparable terms to GRANTOR.
47 GRANTOR's Risk Manager retains the Tight to increase,decrease or.waive any-of-the above insurance limits
or to add additional coverages as may be deemed appropriate to adequately protect the County;bf'Orange.
49 GRANTOR shall notify GRANTEE i_n writing.,of chang`es in.the insurance requirements. Certificates of '
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I insurance and endorsements, or a Certificate of Selt=Insurance; shall be provided to GRANTOR within shirty'
(30)days of notification. The procuring-of required policy or policies of-,insurance shall not be construed t-
3: fimit GRA.NTEE's liability hereundernor to.fulfill the indemnification provisions and requirements of this
Easement Deed
_S ,
7 t. HOLD HARyiLESS
9 GRANTEE hereby releases and,waives all.claims:and recourse against GRANTO k.Ahcluding theright of
contribution for loss or damage-to persons or property,arising from, growing out of or in any viay connected
11 with or related to this-.Easement Deed except claims arising from the.concurrent active or sole negligence of`.
GRANTOR. its officers, agents;employees and enntraclors. GRANTEE hereby agrees to"indemnify,defend
13 (with counsel approved in writirrig by GRANTOR), and hold harmless, GRANTOR,_its elected and appoinie
officials, officers,agents,employees and contractors against any and all claims, fosses, demands, damages,
15 cost,expenses or-liability for injury to any persons or property arising outvf the,operation or maintenance o
the Facilities and>GRANTEE'S-exercise of its rights under,this Easement Deed,except for liability_arising out
17 of the concurrent-active or sole negligence of GRANTOR,.its electe&and appointed officials-of�cers,
agents, employees or"contractors, including the cost ofdefense of any lawsuit arising;therefrom. lf'
19 GRANTOR is named ias to defendant in,a lawsuit, GRANTED shall notify GRANTOR of such fact and,
shall represent.GR.ANTOR in such legal action-unless-GRANTOR undertakes tWrepresent itself as Co-
?I de;tendahtin such legal action, in which event, GRANITE shall pay to GRANTOR..,its litigation costs,:
expenses,and:attorneys`fees. 11'judgment isr:entered against GRANTOR and GRANTEE by d�couiZ%of
23` competent,jurisdiction because of the concurrent actie-e negligence of GRt1 N 'ClR and%GRANTEE.
GRANTOR and GRANTEE agree that.liability will be apportioned as deterrriined bv.the court. Neither
?a party shall request a jury apportionment:
2.7 GRANTEE.acknowledges that it is=familiar with the language and prciOsionsof California Civil Code
Section 154,2 which provides as follows:
29 A general releaseWoes not extend to.claimsr which the crediiordoes`not know,e)r'
SUS ect to exi=st:in his/h rAybr ui the fibre of execiding the release ij: which, nota.r�by
3 t Metz.'#ter: i7u ll 17a.1 pe•)rt(4terialli)affected his.%elilfinent-101h the debtor
GRANTEE,,beings We of and understanding the terms of Section 1542, hereby waives all benefit of its
3;3
provisions to the extent described inthis paragraph.
35 GRANTEE hereby agrees:-to-indemnify., defend(with counsel approved in ��Titing,by GRANTORj,'and hold
harmless.- GRANTOR, its elected(and appointed officials, officers, agents, employees and contractors against
37 any and all claims, losses. demands,damages,;cc�st,.expenses or:liabil ty (herein alter ref'erred.to as
"01111n-18")for-injury-to any persons or property,arising out of the oPeration, n aintenarice, or use cif the
39 Easement Area, including;, but not'li`miled to Claims arising from use of the I asernent_Area by.the>general.
public and/or GR?,N ME:'s exercise of its rights under this Easement Deed, except for liability arising out.ot'
-1,i the concurrent active.6r sole negligenc:e:ofGRANTOR, its elected arid'appointed otTcials,officers. agents,
empiOees or contractors. including the�cost-,of defense of an. lawsutt,arising'.therefrom. If GR1NTOR is j
43 11atned as eo defendant(s) in a lawsuit, GRANTEE shall notify`GRAN`(i7.R of'such fact and shall represent
GRANTOR to such legal.action unless GRANTEE undertakes to represent itself as co=defendant(s}in such
45, legal action, in which event GRANTEE,shall'pay to GRANTOR, its tiitigalion'costs. expenses, and attorneys!
fees. If judgment is enter r d againnst GRANTOR and GRANTEE by arcourt of competent jurisdiction
7 because afthe concurrent active negligence of GRANTOR and GRAN ,V; GRANTOR and,GRANTEE,
cone.that liability will be apportioned as determined by the court. Neither party shall request a jury
49, apportionment: 1
4
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Final EIR e August 2013 2-12 Response to Comments;
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1 7, HAZARDOUS MATERIALS
3 & Definition of Hazardous'Materials. For purposes of this Easement Deed,,the term"Hazardous Material-
or"Hasa`dous Materials"shall mean any hazardous or toxic"substance, material,product, byproduct,or
5 waste which is or shall become regulated by anIy-governmental entity,including, withcut�Jlimitation,
GRANTOR acting in its governmental;capacity the State of California or tlie`United:States,government.
7
E3: t lse of Hazardous Materials, GRANTEE or GRANTEE'S employees, agents, independent contractors
9 or invitees(co llectively`"GRA T-"GRANT PerMitees'')shall not cause or permit any Hazardous.Ntate ials to be
brought upon, stored, kept. used; generated, released into the environment or disposed-of on, under,.from-or
111 about the Easement Area (which for purposes of this.clause shall include the subsurface soil and
uroundwater). Notwithstanding the f'oreggoing,GRANTEE may keep and use in machinery or equipment on
13 or about the Easement,Vn small quantities of Hazardous Materials that are Used in the ordinary, customary
and lav,-ft leonstruction;and maintenance of the Facilities on;the Easement Area.
Is
C. GRANTEE ObIigattons. li the presence ofany Hazardous Materials on,under nz about the asemcnt`
17 Area caused or perrnitted by GRANTEE or GRANTEE'S Permittees results°in (i)injur to any person.(ii)
injury to or contamination of the Easement Area(or a portion thereof)°; of (;iii}injury'to or contamination of
19. any real or personal property wherever situated; GRANTEE,at its sole.cost and expense, steal l promptly ta};e
all actions necessary,or appropriate to return the.Easement Area to the:condition existing prior to the injury
2'1 or contamination. Without iiinnng any outer rights or remedies of GRANTOR under.this Easement Deed,
GRANTEE shall,pay the.cost of='any cleanup-or remedial,work performed on under or about the Easeff6m.
23 Area as required by this Easement Teed orby applicable laws in con.tection with the removal. disposal
ne:titraliza€ion or other treatment of such Hazardous Materials caused or permitted by GRANTEE or
_'w GRANTEE's Permittees.. Notwithstanding the foregoing,GRANTEE:shall not:take.anv reii edial action in
response to the presence,discharge or release, of any Hazardous Materials on under or about the Easement
17 Area caused or permitted by GRANTEE or-GRANTEE's Permittees or enter'tnto any settle>nent agreement,;
consent decree or other compromise with any.governmentaI-or quasi gvexnrnentaLentity without first
'9 obtaining�the prior written consent of GRANTOR. All'Work performed or caused to be performed by
GRANTEE as provided-for above shall be done�in good and workmanlike manrterand in compliance with
'I plans, specifications, permits and other requirements for such Work�approved by GRAN-TOR.
33 D7 Indemnification for Hazardous.Materials... To the fullest'extent'pennitted by law; GRANTEE hereby
agrees to indemnify', hold:harmless,.pro,tect and defend(with counsel approved;in 4v=r ing bti GRANTOR)
GRANTOR, its elected officials:officers,employees,agents and independeni:contractors and the Easement
Area from and against any and all liabilities, losses. damages(including, but not Iimited to, damages for the
137 loss of the Easement Area;diminution in the value of'the Easement,Area;jud' ments,.fines, ~errands,cl'aims,'
recoveries, defidenc.ies,costs and expenses ('including, but not limi'led to,reasonable attorneys fees,
disbursements and court costs and all other professional or consultants expenses), whether foreseeable orr
unf'oreseeabfe, arising direc.tiv'.oi-indirectly out'of the.presence, use, generation,storage, treatment an or gaff=
4'1 site disposal or transportation of>Hazardous.Materials an, into from, under fir about the Easement Area by
GRANT E or GRANTEE's Perrnitiees. The foregoing indemnity shall also specifically include the cost of'`
1' any,required or necessary"repair_restoration, clean-up of detoxification of the Easement-Area and the
preparation 01"any closure or other required plans
45
47 tx. EXCEPTIONS AND RESERVATIONS
IONS:
GRAN'rOR hereby- rese-ves foratself�and its successors and assigns_,such surface,subsurface-and aerial
9 1 rights as will not''i;nterfere witli or prohibit the reasonable use bs-- GRANTEE-:' . is successors and assigns of
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Final EIIi e August 201-3 2-13 Response to Coinmr eats
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I the rights of the Easement herein granted.,`GP-kNTO'R will not place or perii7it any building on the Easemen
Area or otherwise interfere with the reasonable full enjoyment by GRANTEE of the Easement hereby
3 granted.
5 "T his grant is subject to al I contracts, leases, licenses,,:easements, liens,encumbrances, covenants,conditions. !'
restrictions,reservations, rights; rights of way and claims of record or which would be apparent from,a'
7 sur-vey or inspection of the Easement Area which may affect the Easement Area, and the use of then word'
"grant" herein shall not be construed as a covenant against the existence of any thereof Nothing contained '+
9 herein, or in anv document related hereto, shall be construed to irnply the conveyance to GRANTEE of right
in the property which exceed those owyted by GRANTOR,or any representation or warranty.either express
11> or implied,.relating to the nature or condition c fthe property or GRANTOR 's interest therein;
13 Nothing expressed or mentioned in this Easement Deed is intended or shall'-be construed to give an person,
other than the parties hereto and their respective-•successors and assigns.any I ,aLor equitable right,,remedv
15 or claim under or in respect of-,,this Easement Deed or;anv provisions hereof`'being,intended:to be ands being
for the,sole,and exeIusive.bene€it to the parties beret o>and their su-ccessors and assi'cns described above,and
17 for the benefit cif no other person;
19 n': VENUE
_11 The parties hereto ar,ree'that this Easement Deed-has teen negotiated aril executed in the Sate of Califcirn:ia
and shall be governed by and construed under the laws of California. In the event of'any legal action to
1.
23 enforce or interpret this Easement Deed, the sole and,exclusive venue shall be a court of competent
jurisdiction located in Orahge County,,California, and the parties hereto agree to and do-hereby submit to-the '
_D Jurisdiction of sgch court, not Withstanding Code of Civil procedure SeClionr 394. Furthermore, the parties'.
hereto specifically agree to waive any and all rights to rec3uest that an action be transferred;for trial-to another
'7 county,
-�9 10. Sl V RABIL:ITY
31 Ifanv term,r covenant,.condition; or provision.of this Easement Deed:is held by a.ca in ofcompetent'
jurisdiction to be invalid, void,or unenforceable, the remainder of the provisions hereof shall reniat t in full.
33 force and effectand shall in no be affected, impaired or invalidated iherebv; f
I.
35 1-1. SUCCESSORS, AIVL7'ASSIGNS
s7 The terms,covenants and conditions contained herein shall apply to and'bind;the heirs,successors;
`
executors,administrators and assnsig of the parties hereto,
39
12. CALE.N,DAR'DAYS I
41 1
.any reference to>the-Word jay"or-days--1 ercin•shall'mean calendar day or calendar days, respectively,
43 un.less otherwise.' xpressly.provided.
45, 11. ATTORNEY FEES j
47 Except far the-'application:,of the provisions ofsections 6 and? D, in any action or proceeding brdui
ght to
enforce or interpret any proviso of this Easement Deed.or-,-,,here any prod sion:hereof is validly asserted
ay as a defense. each party shall hear its own attorney ii es and casts.
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Final ELR August 2013 -- 2-14 Resprrnse to Comments;
1 14. AMENDMENTS
3 No alteration or'variation of the terms of this Easemen3 Deed shall be'valid unless made in writing and
signed,by the parties,and no oral understanding oragreement not incbir -at6 herein shall be binding on
5 any of`the parties. Any amendment or cancellation of'the Easement Dec d shall be recorded in the t)MIcial
Records of the County of Orange;
7 '
l'5. AUTHORITY
The parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized`
11, : and executed and constitutes the legally-binding obligation of the' respective organization:or entity,
enl'orceable in accordance with its terms:
16.. HEADINGS
15-
The headings in:this Easemem,-Deed are for convenience of'reference only and-shall not lirnifor otherwise
17 affect the meaning hereof.
19 17. WAIVER OF RIGHTS':
21 The failure of GRANTOR to insist up0TI,:Mrict performance of any of'.the terms,covenants,or,conditions of
this Easement Deed shall not be deemed a v6i per of any right or remedy that;GRANTOR may have, and
23 shall not bc.deemed a vv-aiver of the-right to require strict performance.of alt the terri s, covet ants,:and
conditions of this Easement Deed thereafter, nor a waiver of any remedy for'the subsequent breach or default
25 of any term, covenant,or condition ofthis Easement Deed,
7 184 NOTICES'
29 Ail notices,documt nts, correspondence:and communications concerning this Easement Deed shall be.
addressed as set forth in this clause,,or as the parties may hereafter designs' ' by�written.notice,and--shall-be
1 sent through,the United States mail,duly registered orcertified with postage prepaid': Any such mailing steal
be deemed served or delivered fOrty-eight (48)hours after mai'Iing. Each party may change,the address for
33 notices byr giving the other party at least;ten (IO)calendar days prior written_notice of the;new address.
35 N utwithstanding-the above; either party play also provide notices, documents; correspondence,or such other'
comntunications°to the other by-personal delivery: or facsimile and,so given, shall".b.e deemed to have been.,
37 given upon receipt:
39
GRA>N'FOR GRAN'j"EL
41 County of Orange; City of lluntintton Beach
0C Waste& Recycling 2600 Maid street
43 320 N. Flower Street, Suite 40G Huntington Beach_CA 92648
Santa aria, CA- 922-703 Attn:
fit` Attn: Director'
47
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Final.EII e August 2013 2-15 Response to Comments
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1 19. CNT]RE AGREEMENT
3 This Easement Deed captains the entire agreement between the parties with respect to the matters herein and
there are no re"stri`ctions,promises, warranties or undertakings other than those set forth or referred to herein,
— ATTACHMENTS
7
This Easement needs includes the following,which are attached hereto and made a part hereof;
9
A. Exhibit A- Legal Description
I I B. Exhibit B Site,Vlan
j3
15 r.
17
19
21
23
7.5
2
291
31
33
33
39
11
433
45
47
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wokL-ee'f-- E d HIs 1'aY,,e 8 o#; 1 i
Final EI_R August 2013 246 Response to comnient's
I IN WITNESS WHEREOF, the parties have executed this Easement Deed th day and year first above; {
�w-itten.
5 APPROVED AS TO FOR M:
CITY
t City attorney
CITY OF HUNT INGTON BEACH
Ii �
Keith Bohr, Mayor
Date: ? Date: October 26, 2009
15 �
1,7 APPROVED AS TO FORIM
14 Office off aunty Counsel
Orange County.C aliibmia
} I3
2,5.C `.`" e Deputy
4
2 Daw
219 RECOMI ENDED f OR APPROVAL'.
3
� r
33 --
OC Waste& Recycling
;5
3;7 SIGNED:AND C EIR`I'II=IED I'l IAT A,("O'Y OF
THIS AGREEMENT I IAS 131:EN DELIVERED
79 TO THE CHAIR.OFTI-1117 BOARD PER G,C. COLNTY'
SEC 25103, RE So ?fI-1535
41 ATTEST:, COUNTY OF CyRAN'GE.
43,
�fll I,-1L
1 `
i Darlene J. Bloom v Chair, Bodrd of Supers isorsl
47 Clergy; of the Board"ot'Sul)ery isorws
Oranie Count-4, Califbrnia
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Final EIR a August 2013 247 Response to Comments
s
l
STATE OF CALIFORNIA
3 j S5
'.
C0UNTY OF ORANGE j
ACKNOWLEDGEMENT
7
9 On 0=4 200,before me' �1-' kZA, Not -y Public.personally
appeared: L `T?f- N .,who
11 proved to;;me on the basis of satisfactory evidence to be the person( ,vhose narn si ar&subscribed to the':^
%within instr merit and acknowledged to me y executed-the same-i' is �i�atitharized'
l capacity(i );and thai:by is t�ir signature(}on-the,instrument the personW� o the entity"upon behalf
of which the person)acted,executed the instrument..
15
I certify under PENALTY OF PERJURY under the ia�Ts of the St"ate of California that the-foregoing:
17 paragraph is true and correct.
W'ITNES'S.rny hand and official seal'.
19
a -
P.L.`MAf3ZA:
1 COMM193ion d�1857421 Signature' "!'
g Notarppubfic-California -
23 4ranpe County
Comm;Expires Aug4:2413
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Final EIR a August.21013 2-18 Response to Comments
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CERTIFICATE OF ACCEPTANCE
GRANT-OF EASEMENT
5 ,
This is to certify that the interest in real property conveyed by the Easement Teed dated 19 October
7 2009 as made by the County of Orange,apolitical subdivision of the State:of California,to the City of
Huntington Beach,a body corporate and politic,is hereby accepted by the undersigned City Council of the
9 City of Huntington Beach, and the City consents to recordation thereof by its duly authorized officer.
r
13 l
By, .� -z - Date Octobiar 26, 2009
1. ?Dori i . Flynn, City �rk 1 ' }
.7
19
STATE OF CALIFORNIA }
'1 ) SS
COUNTY OF ORANGE
ACKNOWLEDGEMENT' �
7 j
r Oil '71 3 E .,300 be�are me, _ . � t rl ? Notary Public,personally
27 appeared j 1714 who
o proved tme on the basis of satisor f evidence to be the persons whose nam arc-.subscribed to the
29 wMin instrument and acknowledged to the ejsheml executed the same ir0is-AeF4ke4 authorized
capacity{)eg),and that bNQjfisAwr4heir signature -)on the instrument the persd or the entity Capon behalf
3] of which the persont t acted,executed the instrument.
33 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
33 WITNESS my hand and official sea].
e L.ESPA ZA
'7 Carnmizzipn 1867021 Sinatllr 1
-m` Notary Public-California 3 �
39 orange Courtly
M Comm.Expires Au _;:2013 j E
41
43
45
47
49
Page 11 of] 1;
Final EI ,a August 2013 2-19 Response to Comments
'r
LEGAL DESCRIPTION
FOR
ACCESS EASEMENT
BEING A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF
SECTION 35, TOWNSHIP 5 SOUTH, RA.,NGE 11 WEST, IN THE RANCHO? LAS BOLSAS, IN
THE CITY OF HUNTINGTON BEACH', COUNTY OF ORANGE, STATE OF CALIFORNIA;
AS SHOWN ON A MAP FILED, IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS IN THE
OFFICOUNTYE OF THE COUNTY RECORDER OF ORANGE. COUNTY', MORE.PARTIC[.�LA.RL'Y'
DESCRIBED AS FOLLOWS,
BEING THE NORTH 52 FEET' OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,TOGETHER WITH;
THE NORTH 52 FEET OF THE EAST 145 FEET OF THE SOUTHEAST QUARTER OF THE,
NORTHWEST QUARTER OF THE NORTHWEST QUARTER.OF SAID SECTION 35.
EXCEPT THEREFROM THAT PORTION DING WITHIN THE RIGHT OF WAY OF
GOTHARD STREET',
t N I A
��'
No. 3347 �
!, Exp. 6-30-64
0� C A!
EN & EXHIBIT "A"
W
C3CIATES LEGAL DESCRIPTION
�N"
FOR
NS
CrVIL ENGINEERS-LAI�W SURVEYORS'=PLANNERSACCESS EASEMENT
W.O. Nc. 1306-202-Ot11'> D / / 2
25..2�=�.oAss,SUITE 1WINE,c�. 92614-5236. ate 3 1$ 0_
(949)660-0110 FAX:660-01,18 Engr,I3.I.W, ,1'k_ J,W.. Sheet 1 of 1
Final E R a August 2913 2-2 ' Response,to Comments
65a.79'
F N OO'45 30"W
52.00'
NE GOR., NW 1/4. � '�. }
HE ]/4, NW 1 q NE CPR., 5W 114,
21 SEC. 35. HE 1/4, mw I/4, SEC: 35;
PER R.S. NO: 42-1006 PfR R:S: NO. 92=1ft?6:.
}
J 5GALE. 1'=100'
N'-
E5TA605tiED AS N LaNE, ACCE55 EASEMENT
5 1/2, N 114 NW 114, 0,914 AGRES
5EG. 35. PER R.5; NO. 42;-1006.
N. LINE, W 1/2; 5W 114,
Ln W 1/4,,NW 1/4, 5EG, 35
a, k su
z z.
I'
E5TABL)5HED A5:W. LINE,
E. 1/2, NW 1/4, 5EC,,35,
PER R.S. N0. 92=1006.
65935' ,`
\0�x1 LRiV�
N s I N. LINE, E 143'
Ste' LAE G
a csz o NW 1/4`, 5EG. 35,
No. 3347
Exp. 6-30-04
�f Of CAL1 ��� N 00'4544` E
52:D0'
:ALD:ENr EXHIBIT T- l
SSOCIATE'S SUTCtf TO ACCOMP
ANY A LEGAL
DE50RIPTION FOR AN ACCE55.EASEMENT
CIML ENGINEERS = LAND}.SURVEYORS - PIANNER&
2552 MUTE ROAD, SUITE 8 mIRVWE, CA 92614-6236 W,o No. 1306--202-001 Date 3-18-02
(949) 660-0110 FAX. 660-0418 En r. ..B,J.W. Chk"d . J.W. Sheet 1 Qf.
Final El August 2013 2=21 Response to Comments