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Home My WebLink About2010-05-04 - 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 )II IIIIIIIIIIIIIII Jill IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE AND WHEN RECORDED RETURN TO: 93 401 01 Al2 8 2010000244852 01:34pm 05/25/10 City Clerk 0.0j 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. 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 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 v 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 .T. Pacini --i (print name) Director of NbITc Works ITS: (circle one) Chairm residen ice President/Assistant Secret ATTEST: City Clerk By: (PURSUANT TO RESOLUTIONNO.2003-29) Sandra G. Sciutto (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President ice " 1 Presi e t/Assistant Secretary (.c City Attorner +a REVIE APPROVED: City Administrator agree/city wide/special utility easement 3 CALIFORNIAALL-PURPOSE_ State of California County of Orange on 3/4/2010 before tie, 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 .. Name(s)of Signeris?, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to tie within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 7his/her/their signature(s),on the COLLECE instrument the 'person(s), or the entity upon behalf of Commission*1861050 which the person(s) acted, executed the instrument. Notary Public-California Orange County r l certify under PENALTY O PERJURY under the laws 'myComm.Expires Se 10,2013 of the State of California that the. foregoing paragraph i true.and correct: WITNESS my ha d and official seal. Signature Ptace;Notary Seat Abnve Signature of Notary Public' OPTIONAL . Though the information below isnot required by law,it may prove;valuable''to persons_retying on the document and could prevent fraudulent removal and reattachment_of this form to another document, Description r, of Vff±r"0 ION WAS NOT ELECTED Title or Typeof Document. - Document Date: _ w_.. Number of Pages. Signer(s) Other'Than-Named;Above: Capacity(ies) Claimed by Signer(s) Signer's Name;; _ wm._ Signer's Name:----,,,, �,..,. I Individual 0Individual p tle(s)_:_ �.,l Corporate Officer'—Title(o):1-1 Corporate Officer—Ti, _ - _ * Partner--EJ Limited '0 General_ I .Partner—D limited El General' g * Attorney in Fact 0 Attorney in Fact 1 Trustee Top of thumb hero is i Trustee Too of thumb here :l Guardian or Conservator i:Wl Guardian.or Conservator U Other: E*]Other,- Signer 1s Representing: m _ Signer Is Representing: 020I7 National'Notary Association-935aDeSot6Aue.,P,O.t3ox2402_-Chatsworiir,CA91313<2402•www.NallonalNotaryorg ltem#5907 ReorderCat6Toll-Free,l-800-6*>,6627 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 �. ESPARZA Commission# 1857021 z •"'� Notary Public-California z Orange County m �t AA COMM. Ex Tres Au 4,2013 (Notary Signature);' EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `F' , INCLUSIVE, OF TRACT NO. 17034, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 890, PAGES 31 THROUGH 41, 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. ��p1A1.lq�y� UNDER THE DIRECTION OF: 0. a No x EVlaft 0 JAMES 0. STEINES, P.L.S. 6086 REVISED FEBRUARY 9, 2010 OF CAIt�OP JANUARY 28, 2010 J.N. 2042 341410 V:\PROJECTS\2042341410\SURMAP\LEGALS\SU ESMT TR 17034.DOC 1 OF 1 HI IT 991319 SHEET 1 OF 2 BEING ALL OF LOTS 'A' THROUGH 'F' OF TRACT NO. 17034, M.M. 890 / 31-41, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 LOT 'Y' TR. NO. 15734 7 8 9 10 11 12 13 14 15 1G 17 18 M.M. 797 / GOVEVIEW DRIVE 40- 2 (PRIVATE 5TREET) LOT A O N z HELBURNE Q W GO 59 43 42 19 DRIVE w 46 W ~ 20 LOT 'H' LOT V z ( G1 58 ►LJ 44 41 4G' Q � Qco w ~ W Lu 62 11p34 W 45 40 wr22 21 Q Q' 57 Z F- r a 39 Q GG r 4G' G3 5G W > 4G w w 3 wG a < Q 38 -j 1P 23 48' G4 55 47 > r G7 w04 OLo� > 24 G5 54 37 < 48 O 25 GS Q w �O �° 53 O.A 3G J O 31,A 2G �3 O 52 G9 a cV r\, q0 35 OZ !n 27 � � � 'N/i y 50 70 49 28 29 �FT� ��- 71 O 34 gjF��7 O� 72 I 8� <0 33 �1 SCALE: 1" = 100' 9-- 32 48' 31 30 73 t� `3 OO�,G * a. STANTEC CONSULTING INC. 19 TECHNOLOGY DRIVE OTC OPT o IRVINE, CA 92618 CALIF S antec 949.923.6000 stantec.com JAMES O. STEINES, P.L.S 608G V.\projects\2042341410\SURMAP\DWG\SYME0158.dwg 21912010 11:13:51 AM PST F J.N. 2042 341410 DATE: 2/9/10 ' EXHIBIT 9913» SHEET 2 OF 2 BEING ALL OF LOTS 'A' AND 'F' OF TRACT NO. 17034, M.M. 8qO / 31-41, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS 1q SHELBURNE DRIVE 20 LOT 'H' W Z a 21 Np --� SCALE; I = 100 22 O GG l � 23 48 l� Q �2 W G7 24 0� A\ W p3 \A• w 25,�R• �O• 68 Z SANDOVER W Q LOT 'I' DRIVE a v 2 Gq O a LOT 'K' 27 84 70 82 52' LOT V J 31,41 � 28 2q 83 M M• e)g0 / 81 80 71 ~O J o ASHVILLE DRIVE LOT 'F' OT (PRIVATE STREET) 7q ' 72 48' 74 31 75 7G 77 78 30 73 LOT 'M LOT 'N' LOT 'O' Np' 1�032 BRIG VWA sER EDRVVE aaq � 12-23 TR- 0.0. V:\projects\2042341410\SURMAP\DWG\SYME0159.dwg 21912010 11:17:30 AM PST