HomeMy WebLinkAbout2010-03-04 - Easement Signal Landmark - signed by Raymond J. Pacini, President - Sandra G. Sciutto, Vice President (5) This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
RECORDING REQUESTED BY )Illllllllllllllllllllllllllllllllllllll�lllllllllllllllllll NO FEE
AND WHEN RECORDED RETURN TO: 2010000244853 01:34pm 05/25/10
93 01 Al2 8
City Clerk 0.01 0.00 0.00 0.00 21.00 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,
60
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 l
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 mariner 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
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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 30
GRANTOR CITY OF HUNTINGTON BEACH,
Signal Landmark, A California a municipal corporation of the State
Corporation of California
By: X, C
Raymond J. Pacini _
(print name) Director of Pu lic Works
ITS: (circle one) Chairm resider Nice
President/Assistant Secret ATTEST:
6447L• City Clerk
By: (PURSUANT TO RESOLUTIONNO.2003-29)
Sandra G. Sciutto
(print name)
APPROVE�7 AS TO FORM:
IT ircle one) Chairman/President ice
Preside Assistant Secretary
City Attorney
REVIE APPROVED:
ity Administrator
agree/city wide/special utility easement 3
ALL-PURPOSECALIFORNIA
State of California
County of orange
on 3/4/2010 before me, Collece Wilcox, Notary Public for the State of CA
Data Here Insert Name and Title of the Officer
personally appeared Sandra G. Sciutto & Raymond J. Pacini
htane(s}of�igner(s}
who'proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/ar-e subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in Hs her/their authorized
COLLECE I EWILCOX eapacity(ies); and that by i-iis/her/their signature(s) on the
Commission* 1861050 instrument the person(s), or the entity upon behalf of
•s Notary Public-California which the person(s)acted; executed the instrument;
Z ' Orange County 31
MY.Comm.Ex Tres Se 10,2013 1 certify under PENALTY OF PERJURY finder the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand nd-officiaCseal.
Signature
Place Notary Seat 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 1gff±bDo0P±X0N WAS NOT ELECTED
Title or Type of Document:
Document Date: _ _ Number of Pages:
Signer(s) Other;Than Named Above: � ...�........
Ca iacity(le ) Claimed by°Signer(s)
Signer's Name;_._____... ___..,. Signer's
[J Individual 0Individual
E] Corporate Officer- Titie(s): 0 Corporate Officer—Title(s):
El Partner—i Limited D General D Partner—0 Limited f J General �;
(:._] Attorney in Fact • e. T i Attorney.in Fact
* Trustee flap_of thumb here €�:,Trustee Top of thumb here
-
* Guardian or Conservator i_l Guardian or Conservator
I::I Other f.']Other:
Signer Is.Representing: Signer Is Representing:
02007 National Notary Association-9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9t3t3=2402+v A- v.Natittr,aWOG3ry.o€g 0em95907 Reorder;CailToti-Fmc,Y•800t37ti6R27
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
Y !f � -• - ' , Commission # 185857021
Notary Public -California z
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Orange County a
�„ rr` L � 'A M Comm. Expires Au 4.2013
Notary Signat> )
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EXHIBIT "A"
WATER LINE EASEMENTS
BEING ALL OF LOTS `A' THROUGH `E' , INCLUSIVE, OF TRACT NO. 17076, IN
THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
PER MAP FILED IN BOOK 892 , PAGES 27 THROUGH 36, 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.
Q LA PREPARED BY: STANTEC CONSULTING INC.
5\�N sj-, G UNDER THE DIRECTION OF:
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P10.6086 0
* Exp.12/31/11 * JAMES 0. STEINES, P.L.S. 6086
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9TF�F C FOP� REVISED FEBRUARY 9, 2010
JANUARY 28, 2010
J.N. 2042 341410
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' EXHIBIT 991399
SHEET 1 OF 2
BEING ALL OF LOTS 'A' THROUGH 'E', INCLUSIVE, OF TRACT NO. 1707G, M.M. 892 / 27-3G,
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
WATER LIME EA5EMENT5
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JAMES O. STEINES, P.L.S GOSG
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EXHIBIT
I s s a SHEET 2 OF 2
BEING ALL OF LOTS 'A' THROUGH 'E', INCLUSIVE, OF TRACT NO. 1707G, M.M. 892 / 27-3G,
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
WATER LINE EA5EMENT5
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V.•\projects\2042341410\SURMAP\DWG\SYME0162.dwg 21912010 10:59:16 AM PST