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2010-03-04 - Easement Signal Landmark - signed by Raymond J. Pacini, President - Sandra G. Sciutto, Vice President (3)
This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder .RECORDING REQUESTED BY )II Iffll lllll lllll11111�slll�llll�llll lllll {II1111�I IIIII�IIII Ifl N O F E E AND WHEN RECORDED RETURN TO:93 01 Al2 11 2010000244850 01:34pm 05/25/10 � City Clerk 0.0 0.00 0.00 0.00 30.00 0.00 0.00 0.00 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 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 f 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 20 10 GRANTOR CITY.OF HUNTINGTON BEACH, Signal Landmark, A California a municipal corporation of the State Corporation 1—�2 of California By: Raymond J. Pacini (print name) Director of fublic Works ITS: (circle one) Chainn resident ice President/Assistant Secretary ATTEST: City Clerk By: (PURSUANT TO RESOLUTIONNO.2003-29) Sandra G. Sciutto (print name) APPROVED AS TO FORM: Cl e one Chairman/President ice /J Presiders Assistant Secretary / `'� r� �3 ��Q City Attorney t Pi I a REVIE APPROVED: ity Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C�a'� �� -,'�,7, "�^? +�`i'�''�`�" �'"�^ �"s�2�� .a4� i`C�'-" _.a•�a`�'�u5t"�^ rA'"�r ' �,."�;'�'..t?,��, State of California County Of Orange On 3/4/�2.010 before me, Collece Wilcox, Notary Public for the State of CA Date Here Insert Name and Title:of the Officer personally appeared' Sandra G. Sciutto & Raymond J. Pacini Naane(s},gf Signer(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 X he/she/they executed the same in his/her/their authorized COLLECOEIMILM Commission#1861050 capacity(ies),,and that by%fiftr/their signature(s)On the Notary Public-California instrument the person(s), or the entity upon behalf of Orange County - which the person(s) acted, executed,the instrument. My Comm.Expires Sep 10,2013 I certify under PENALTY OF PERJURY finder the laws of the State of California:that the foregoing'par°agraph is true and correct. WITNESS my ha and official seal. Signature _ Place Notary Sersk Above N©tart'Pubifc OPTIONAL Though the information below is not,required bylaw, it may prove valuable to{persons retying on the document and could prevent fraudulent'removal and reattachment of this form to another document, Description of o I®N WAS NOT ELECTED Title or Type of_Document: Document Date: __..._._ _Number of;,Pages: Signer(s) Other Than Named Above _ .M_.. Capacity(ies)Claimed by Signer(s) Signer's Name:_ __.._. Signer's El Individual 0 Individual r p L. �! Corporate Officer—�-Title(s}: � 1Corporate Officer—Title(s): tJ Partner---11 Limited '0 General _ _ 0 Partner—0 Limited fJI General ��a I J Attorney in Fact •` 0 Attorney in Fact Trustee Top of thumb here C:1 Trustee Top of thumb here * Guardian or Conservator 0 Guardian or Conservator L-.I tither: E]Other: Signer Is Representing: _ Signer Is Representing: 0-407 National Notary-Association-'9350 Do Sato Ave.,P.O.Box 2402 Chatsworth,CA8i3t3-2dQ2•wsysv.EVatkonalNo4iiryorg Ikornff5907- Reorder Call ToU-t<raer=80tT-876•8tt27- 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 f :`� Notary Public -California z Z / Orange County > Expires Comm,Ex Aug4, 1 20 3 (N(Notar Sy ignature'- EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS 'A' THROUGH 'F' , INCLUSIVE, OF TRACT NO. 17032, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 889, PAGES 12 THROUGH 23 , INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THOSE PORTIONS OF LOTS 'G' AND 'Y' OF SAID TRACT NO. 17032 AS SHOWN IN DETAILS "A" AND "B" ON SHEET 5 OF 5 OF EXHIBIT "B" . 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. A LA NQ UNDER THE DIRECTION OF: d $10.8588 0 �p �xp.i213i/ii JAMES 0. STEINES, P.L.S. 6086 Q' REVISED FEBRUARY 9, 2010 OF CAS-� JANUARY 28, 2010 J.N. 2042 341410 V:\PRO]ECTS\2042341410\SURMAP\LEGALS\SU ESMT TR 17032.DOC 1 OF 1 EXHIBIT a s s a 5HEET 1 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLUSIVE, OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOT5 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS _j 5EE DETAIL "A" L05 PAT05 AVENUE 5HEET 5 LOT 'Y' LOT 'G' 12 13 23 15 LOT 'X' LOT ,�, Ig. NQ. O 11 1110 14 1G 22 10 21 N LOT 'W' 9 17 /�i 8 r°PiL< 15 1— �'ST 11111111111 19 2O ICI 7 FTC /LF 5 2�23 q �$ 4 � 1j�33 �. 3 2 1 W Np cod° �s) O c LOT 'A' Z' �j1 LOT 'U' � P MM � wQ SCALE: 1" = 120' \oNP'1'LAND O.STD/�G,psL�` No. � O � a � * Exp. 12/31/1'I T STANTEC CONSULTING INC. 19 TECHNOLOGY DRIVE ip�9r IRVINE,CA 92618 �oF Cq1-�� d ntec 949.923.6000 stantec.com JAME5 0. 5TEINES, P.L.5 6OBG V:\projects\2042341410\SURMAP\DWG\SYME0165.dwg 21912010 5:32:32 PM PST J.N. 2042 341410 DATE: 2/9/10 EXHIBIT HI IT 991391 5HEET 2 OF 5 BEING ALL OF LOT5 'A' THROUGH 'F', INCLU5IVE, OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOT5 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 5CALE: 1" = 120' 5EE DETAIL "B" 5HEET 5 LOS PAT05 AVENUE LOT '1" 23 0 24 25 2G 27 28 29 30 31 32 33 34 35 3G 37 35 �., 22 am WINTHROP DRIVE o LOT 'E' (PRIVATE STREET) 21 J 50 -1�• XAO. 1 0-3 48 47 4G 45 44 43 42 41 4G� 40 39 w z p BRE 5TE LAIN 20 Q w (PRIVATE TREET) >p Q 0) 52 53 54 55 5G 57 58 59 GO G1 G2 ® G3 LOT 'Z' LOT 'C' ~ LOT 'D' WELLFLEET DRIVE (PRIVATE 5TREET) d W 1 4G' 7G 75 74 73 72 71 70 G9 G� 7GG G5 G4 W LOT '1' 1 13 LOT V LOT 'A' BRIGHTWATER DRIVE Z9 (PRIVATE 5TREET) l9 LOT A LOT 'T' LOT 'U' LtJ 3 l� h 1�03 O N0. U ��q J 3 MM' J a OCfQNRIDGF DRIVE V.\projects\2042341410\SURMAP\DWG\SYME0166.dwg 21912010 5:35:45 PM PST EXH1131T PPBP* 5HEET 3 OF 5 BEING ALL OF LOT5 'A' THROUGH 'F', INCLU5IVE, OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOT5 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS COVEVIEW DRIVE N LOT 'Z' 4J Z Q J toW Z 03A T- WENTWORTH CIRCLE a J Q J 1— OL LOT 'J' LOT 'K' O LOT 'A' '(R• NO. -1 032 t 3 oT v2 2A �1 LOT V (a�L4�4 M M- TF �STPF�lj�/ LOT 'M' L W � J �DGa—owly b 1,10l Co q. Kt q NO" co LOT 'N' .M 889 �2 23 W LOT 'R' LOT 'Q' Q j Q W AZ 2 j ORLEANS DRIVE OQ 5GALE: 1" = 120' V:\projects\2042341410\SURM4P\DWG\SYME0167.dwg 21912010 5:37.18 PM PST EXHIBIT 991399 5HEET 4 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLU5IVE, OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOT5 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 i Q J J ti NO 1�p3A� Q O �R J O ra w w nc A511VILLE DRIVE W v W LOT M M LOT 'O' 40 m 4• l() LOT 'R' NO• ,'1032 BRIGHTWATER DRIVE hlhj 889 , �R. (PRIVATE STREET) LOT A► �2 2 3 LOT 'Q' OP v ¢ 0 J ORLEAN 5 DRIVE O'I CO �3fi0 m a w G%-PN��9�ti O 5CALE: 1" = 120' V.•\projects\2042341410\SURMAP\DWG\SYME0168.dwg 21912010 5:38.27 PM PST EXIIII3IT foot SHEET 5 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLU5IVE, OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOTS 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ®ETA9L "A°' L05 PATOS AVENUE I I SCALE: 1" = 20' I 0 �\SO /5��P9� Alk LOT G 37 49• L= '4.a� �d21 �- I I \22j�' d, •31 N LOT 'G' I L=144.G8, C3 C2 BR�G� 2�•ti// / R=283.0 j, 4=37• �Riv W�TER b NoPo� 1�k�tiG •Ni,o� L=184 48. R, CT RII/E- i Oh ie oCv i 1 I � � I CURVE TABLE LOT yA= NO. RADIUS DELTA LENGTH Gl 50.00' 17.19'5G" 15.13' G2 283.00' 01.33'19" 7.G8' C3 227.00' 01.51'40" 7.37' L— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —� I LOS PAT05 AVENUE I v N89.21'32"W 1998.24' ® 429.G5' 30.00' LOT 'Y' J LOT 'Y' N89'21'32"W 2012.24 — i -® 429.95' ® G7.14' 30.00' G2.G1' I ifl W `n Z 00 LOT 23 Q w I w On LOT 24 N dw LINE TABLE r ° OJ a NO. BEARING D15TANCE Ll NO1713'58'E 15.79' O T Oz L2 N01.13'58"E 15.G4' z C� DETAIL "B" L3 NOO.14'02"E 20.01, j SCALE: 1" = 20' L4 NOO.14'02"E 20.01' 30, 1 I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —I V.•\projects\2042341410\SURMAP\DWG\SYME0169.dwg 21912010 5:39:18 PM PST