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Home My WebLink About2010-03-04 - Easement Signal Landmark - signed by Raymond J. Pacini, President - Sandra G. Sciutto, Vice President This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly,Clerk-Recorder RECORDING REQUESTED BY )111111llllll�l�lll�lllll111111111l1111111111111111111llll NO FEE AND WHEN RECORDED RETURN TO: 2010000244851 01:34pm 05/25/10 93 01 Al2 8 0.01 0.00 0.00 0.00 21.00 0.00 0.00 0.00 City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorder's use.] This document is exempt from recording fees pursuant to /f)! I Government Code Section 6103, SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Signal Landmark,a._ CA Corp, (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 4th day of March 2010 GRANTOR CITY OF HUNTINGTON BEACH, Signal Landmark, A California a municipal corporation of the State Corporation of California By: ^--r--� Raymond J. Pacini (print name) Director of Pubic Works ITS: (circle one) Chairm residen ice President/Assistant Secre ATTEST: op City Clerk By: (PURSUANT TO RESOLUTION NO.2003-29) Sandra G. Sciutto (print name) APPROVED AS TO FORM: le one) Chairman/President ice n -Pre si Assistant Secretary Ax -/ (— City Attorney —4�2,1�is REVIE APPROVED: tity Administrator agree/city wide/special utility easement 3 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California CilUntjt of Orange {fin 3/4/2010 before me, Collece Wilcox, Notary Public for the State of CA Date Mere Insert Name and Title of the Officer personally:appeared Sandra G. Sciutto & Raymond J. Pacini `� "`. Name{s)aESignsr(s} who 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 ALIECE WiLCOX he/she/they executed the same in hi her/their authorized Are, Commission#t 1861050 Le capacity(ies), and that by�ii /her/their signature(s) on the fdotary Public-California Orange County instrument the person(s), or the entity upon behalf of owl MY Comm.Expires Se 10,2013+ which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r , Signature ' Place Notary Seat Above Signaturo of Notary Public OPTIONAL Though the information below is not required by law,it may prove_valuabte.to persons raying on the document and could prevent fraudulent removal and reattachment of this'form to another document. Description ptivrt of1Vff±eo072 ION WAS NOT ELECTED Title or Type of Document: Document Date: _. Number of rages: Signer(s) ,Other Than Named Above: _ .. - Caacity(les)Claimed by S€gner(s) Signer's Name: _v -Signer's dame: _ 0 Individual El individual EMI Corporate Officer-- Title(s): _ 0 Corporate Officer—Title(s): 131 Partner If Limited 0 General C7 Partner--0, Limited 0:,General � 0 Attorney in Fact _ e � _-. z.;.l Attorney in Fact E Top.of thumb here Tog of thumb here Trustee Trustee fL Guardian or Conservator 0 Guardian or Conservator f 1 Other:> E1 Other: Signer Is Representing: Signer Is Representing: 2 402 � 2;Jo7 Natitinat Notary Association-`?3a0 De Soto Ave,,P.O.Box 24CJ2•Chatsworth,CA 913t3.2 -ww.� - NationalNa4aryorg Item_#5907 ,Reorder_Call Toll-Free t>800-87b-6827. ACKNOWLEDGMENT State of California ) ss County of Orange ) On May 4, 2010 before me, P.L. Esparza,Notary Public for the State of California, personally appeared Robin Lugar and Travis Hopkins who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. WITNESS my hand and official seal. P L.ESPARZA Commission# 1857021 z `QB Notary Public-California Z Orange County - ... M Comm. Ex ires Aug 4,2013 (Notary Signature) `Ft �11 f, EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `E' , INCLUSIVE, OF TRACT NO. 17033, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 889, PAGES 24 THROUGH 31, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: `pNA&ENO a 5 o e NO.6086 N O JAMES 0. STEINES, P.L. S. 6086 * ap.12/31/11 7° P�\ REVISED FEBRUARY 9, 2010 JANUARY 28, 2010 ®FCAL�F� J.N. 2042 341410 V:\PROJECTS\2042341410\SURMAP\LEGALS\SU ESMTTR 17033.DOC 1 OF 1 a, r, EXHIBIT 991399 5HEET 1 OF 2 BEING ALL OF LOTS 'A' THROUGH 'E', INCLU5IVE, OF TRACT NO. 17033, M.M. 88q / 24-31, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 aw < 11 32 vIf- �R BRIGH TWA TER STREET) (PRIVATE aaq / 12-23 MM. 44 30 lq 3 N U Np. 1�p33 18 17 1G 15 14 13 d > O h 2q 19• 46' Q co r.W Q v�� 4 , 2O = OCEANKNOLL DRIVE w � �Q� �� (PRIVATE STREET) LOT °C' 12 Q 28 27 U i 4 5 J 22 23 'q cl 3 a 4g 21 W C°` U LOT 15' �� 24 �QQ G _q 2G U 10 ~ 25 46' 7 2 57 58 5q q GO OCFQ ®'t mei�RfbGF D s v G1 STREf.TRIVE � 4 1 6• G2 8q 2�,31 `op MXA. 8 G4 65 GG G3 G7 1,l 01� NO Co �q2 :SCALE: 1" = 120' MM" -INA ANDS �S O.S�F�2 NO.5068 0 Exp.12/31ii 1 ,* STA6VTEC CONSULTING INC. 19 TECHNOLOGY DRIVE CA,,IFOP - IRVINE, CA 92618 C— Stantec 949.923.6000 stanteccom JAME5 0. 5TEINE5, P.L.5 GOSG V.\projects\2042341410\SURMAP\DWG\SYME0163.dwg 21912010 11:23:34 AM PST J.N. 2042 341410 DATE: 2/q/10 EXHIBIT 191319 5HEET 2 OF 2 BEING ALL OF LOTS 'A' THROUGH 'E', INCLU5IVE, OF TRACT NO. 17033, M.M. 889 / 24-31, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS O '1j 0 F� LOT 'W' w 42 Al 12.2 43 41 44 �Al 40�. � 39 45 38 a� 37 46 3G =w 47 48 rs 35 COr 49 /lam q 44 34 50 51 88 33 31 v O h M• • k 4;Q � 52 32 28 46 l� 53 OP 54 55 5G 57 58 I 5CALE: 1" = 120' V:\projects\2042341410\SURM4P\DWG\SYME0164.dwg 21912010 11:30:15 AM PST