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HomeMy WebLinkAbout2017-07-18 - Easement Sarm Five Points Plaza, LLC Recorded in Official Records, Orange County RECORDING REQUESTED BY: Hugh Nguyen, Clerk-Recorder City of Huntington Beach �P.O. Box 190/2000 Man Street 1[� �1] 11� 1[�11] I lf�1�1�1 1��J�]��1[1� f �11� NO F E E $ R 0 0 0 9 4 4 6 1 0 1 $ Huntington Beach, CA 92648 2017000310503 3:38 PM 07/27/17 WHEN RECORDED MAIL TO: 105 406 E01 6 Robin Estanislau, City Clerk 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach, CA 92648 APN(s): 159-091-04 AREA EASEMENTMMZr WNSF AX$EXEMPT c Signature of Dedarant or Agent determining tax Recording free of charge per Gov't Code 27383 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 471" SARM FIVE POINTS PLAZA, LLC, a Washington limited liability company, does hereby Grant to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual easement for the installation and maintenance of traffic signal equipment including loops and related equipment in, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, described as follows: As shown on Exhibit"A"and"B"attached hereto and made a part hereof. This easement shall not interfere with the rights of access to the Five Points Plaza (the "Property's by Grantor, its tenants, their customers, and each of their invitees, licensees and guests. Except in the case of an emergency, Grantee shall give Grantor 10 day's prior written notice of any entry onto the Property, including a description of the purpose of Grantee's entry and the expected duration thereof. No notice will be given for emergency work to be performed on the property. Promptly after entering the Property, Grantee shall repair all damages done and restore the Property to at least as good a condition as existed prior to the Grantee's entry. This easement contains the complete agreement of the parties with regard to the subject matter hereof. GRANTOR: SARM FIVE POINTS PLAZA, LLC Dated: JU 1-4 $ 2017 By: — " '& q� Ichael B. Haines Chief Finandal Officer J'L4_ Dated: bL\1 ` , 2017 by: O�j Y " 9-1 cko-.d K. schoelo�t �iie� CYDQ.ak�� O C•QI APP ED AS O By. MICHAEL E.GATE CITY ATTORNEY CITY OF HUNTINGTON BEACH RECORDING REQUESTED BY: City of Huntington Beach P.O. Box 190/ 2000 Main Street Huntington Beach, CA 92648 WHEN RECORDED MAIL TO: Robin Estanislau, City Clerk City of Huntington Beach P.O. Box 190/ 2000 Main Street Huntington Beach, CA 92648 APN(s): 159-0 OR ORATED AREA EASEMENT �yDO, ME TARY TRANSFEWTAX$EXEMPT Si nature of Declarant or Agent determining tax Recording free of charge per Gov't Code 27383 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SARM FIVE POINTS PLAZA, LLC, a Washington limited liability company, does hereby Grant to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual easement for the installation and maintenance of traffic signal equipment including loops and related equipment in, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, described as follows: As shown on Exhibit"A"and"B"attached hereto and made a part hereof. This easement shall not interfere with the rights of access to the Five Points Plaza (the "Property") by Grantor, its tenants, their customers, and each of their invitees, licensees and guests. Except in the case of an emergency, Grantee shall give Grantor 10 day's prior written notice of any entry onto the Property, including a description of the purpose of Grantee's entry and the expected duration thereof. No notice will be given for emergency work to be performed on the property. Promptly after entering the Property, Grantee shall repair all damages done and restore the Property to at least as good a condition as existed prior to the Grantee's entry. This easement contains the complete agreement of the parties with regard to the subject matter hereof. GRANTOR: SARM FIVE POINTS PLAZA, LLC Dated: TU L 4 $ 2017 By: — �Lv !�t Michael B. Haines Chief Financial Officer Dated: Sbt\1 ' , 2017 by: J,),4 �-1 eb.a,rd K.. Sckoeloe.l C110 e-4 ©'DQr�A!D- O-� C-041- APP 0 ED AS O F R By. P�MICHAEL E. GATE CITY ATTORNEY CITY OF HUNTINGTON BEACH GRANTOR NOTATRY BLOCK A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of__�(:A Y1 1l t l t 0 ) On this "� IK 11 before me, '1�16A 9uCTVXG, hipRCkVq MAC r (insert, ame and title of the officer) personally appeared &A, U t- k 6. I A Cy�n t S , (signatories'name) who proved to me on the basis of satisfactory evidence to be the Verson(s)whose nsme(s)is/are- subscribed to the within instrument and acknowledged to me that he/she/thoy-executed the same in his/her/their-authorized capacity(ies),and that by his/herAheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand: ASHLEY BETH RUBINO Notary Public-California IS San Diego,County tt _ Commission tb 2183112 Signature ;U l `�V 'Lot s M Comm.Expires Mm-11,2021 GRANTOR NOTARY BLOCK A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. ' State of C-tUf 4ia- County of F�GL.Y'��J �S Onthis q' `("( ,,j lbefcreme, �L—G�Cr' �' �SCt-iG 1 (�G1'�h ,iZt�t-'t! pp - (disert name and title of ffie /officer) personally appeared f\i(ni ayA k i(e , �C[,we-one I (signa s'name) L8II'Lev Pmcr `: nv-„t Five- r;i.1L(s PI4L�;, LLL who proved to me on the basis of satisfactory evidence to be the person whose name(�_is/.a� subscribed to the within instrument and acknowledged to me that heA/tbd executed the same in his/*tl�ir authorized capacity),and that by his/yet/ttXi signature(4 on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand: Signature 1 ? -ma am,-,-- 1 JOYCE P. MASCENA NOTARY PUBLIC MY COMMISSION EXPIRES EASEMENT CERTIFICATION—CITY OF HUNTINGTON BEACH APPRO ED AS TO FORMS Michael Gates, City Attorney This is to certify that the interest in real roperty conveyed t by the Easement dated _ 2017,from: V SARM FIVE POINTS PLAZA, LLC,to the CITY OF BY: HUNTINGTON BEACH is hereby accepted by the undersigned A LAW�Q�As V tant/Deputy Ci Attorney officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by This document is solely for the official business of the City of Resolution No. 3537 of the City Council of the City of Huntington Beach, as contemplated under Government Code Sec. Huntington Beach adopted on August 7, 1972,and the 37383 and should be recorded free of charge. grantee consents to the recordation thereof by its duly authorized officer. _ Tax Exempt Government Agency CITY OF HUNTINGTON BEACH Dated:-J&44y 2_7� CITY q)F HUNTINGTON BEACH By: '` bin Estanislau Robin Estanislau CITY CLERK CITY CLERK Exhibit A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 , OF PARCEL MAP 86-340, AS SHOWN ON THE MAP FILED IN BOOK 250, PAGES 9 THROUGH 11 INCLUSIVE, OF PARCEL MAPS, IN RECORDS OF SAID COUNTY. THE PURPOSE OF THIS DESCRIPTION IS TO DESCRIBE A PARCEL OF LAND TO BE DEDICATED FOR TRAFFIC SIGNAL EQUIPMENT, MAINTENANCE AND INCIDENTAL PURPOSES, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MAIN STREET AND FLORIDA STREET, SAID INTERSECTION BEING AN ANGLE POINT IN MAIN STREET AS SHOWN ON SAID PARCEL MAP 86-340, SAID INTERSECTION BEING WITNESSED BY A SPIKE AND WASHER STAMPED IS 4683" AS SHOWN ON SAID PARCEL MAP 86-340, THENCE NORTHEASTERLY ALONG THE CENTERLINE OF MAIN STREET NORTH 44°57'09" EAST, 58.32 FEET; THENCE LEAVING SAID CENTERLINE AT RIGHT ANGLES THERETO, NORTH 45°02'51 " WEST, 66.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID TRUE POINT OF BEGINNING BEING A POINT ALONG THE NORTHWESTERLY LINE OF THAT CERTAIN EASEMENT FOR PUBLIC HIGHWAY PURPOSES TO THE CITY OF HUNTINGTON BEACH AS SHOWN IN THE DOCUMENT RECORDED IN BOOK 5710, PAGE 789 OF OFFICIAL RECORDS, OF SAID COUNTY; THENCE CONTINUING NORTHWESTERLY, NORTH 45°02'51 " WEST, 30.00 FEET TO THE NORTHEASTERLY TERMINUS OF A LINE PARALLEL TO AND 96.00 FEET NORTHWESTERLY OF THE CENTERLINE OF SAID MAIN STREET; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE SOUTH 44°57'09" WEST, 58.17 FEET TO THE NORTHEASTERLY TERMINUS OF A LINE PARALLEL TO AND 96.00 FEET NORTHWESTERLY OF THE CENTERLINE OF SAID MAIN STREET; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE SOUTH 45°00'07" WEST, 31 .80 FEET; LEGAL DESCRIPTION TRAFFIC SIGNAL EQUIPMENT AND MAINTENANCE PURPOSES •�J FIVE POINTS PLAZA PORTION OF A.P.N. 159-091 -04 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 2 Exhibit A ( CONTINUED ) THENCE AT RIGHT ANGLES TO LAST SAID PARALLEL LINE SOUTH 44`59'53" EAST, 30.00 FEET TO THE NORTHWESTERLY LINE OF SAID PUBLIC HIGHWAY EASEMENT TO THE CITY OF HUNTINGTON BEACH, AS SHOWN IN SAID DOCUMENT RECORDED IN BOOK 5710, PAGE 789 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE NORTH 45°00'07" EAST, 31 .83 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 44°57'09" EAST, 58.17 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 2699.6 SQUARE FEET, (0.06 ACRES) MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. ID SAND O S O EXP. 12-31-17 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31 /17 L.S. 7340 TF OF CA0E LEGAL DESCRIPTION TRAFFIC SIGNAL EQUIPMENT AND MAINTENANCE PURPOSES •IJ FIVE POINTS PLAZA PORTION OF A.P.N. 159-091 -04 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2 LF2j Exhibit B NW'LY LINE PUBLIC HIGHWAY JF EASEMENT TO CITY OF HUNTINGTON '� BEACH, RECORDED IN BOOK 5710, PAGE 789 O.R. TYP. �P�; ✓ EXISTING CURB TYP c� � O ....::: . .. 1 � EXISTING A\ 6 Q ,00 ►I,� I , TRUE POINT 03^�Q) I ° 'I !€ BEGINNING y E fd 3� , 1 �Y V• \ �� � 3{ ►V I. 16�0 I h o iY jIl' i F Q� , I I $ IIIIJ v . .. ttld� 3y3• 3I�g I� �i {i °'J ✓ \ V g II {{ 0111 �tK \p uIII t is �1 t3 �d EXISTING I' ` CURB TYP ''I'll '' ,•F1 tK POINT OF COMMENCEMENT, /Q� I FOUND SPIKE AND WASHER QF� STAMPED "LS 4683', PER Q P.M. 86-340, P.M.B. WI Gj'< 'i0^� 0 250/9-11. Q Pti < O �,O6 J LINE TABLE: LL L1 = N 45°02'51" W, 30,00' I C 4�? L2= S 45`00'07" W, 31.80' uj p L3= S 44°59'53" E, 30.00' LEGEND: A L4= N 45`00'07" E, 31.83' = EASEMENT FOR TRAFFIC SIGNAL EQUIPMENT, dRAPHI0 00ALE MAINTENANCE AND INCIDENTAL PURPOSES 1 inch =30 Pt. CONTAINING 2699.6 SO. FT (0.06 ARES). 30 0 15 30 REFERENCE: ( )= RECORD PER PARCEL MAP 86-340, FILED IN IN FEET ) BOOK 250, PAGES 9 THROUGH 11 OF PARCEL MAPS. P LAT TRAFFIC SIGNAL EQUIPMENT AND MAINTENANCE PURPOSES •�� FIVE POINTS PLAZA PORTION OF A.P.N. 159-091 —04 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS