HomeMy WebLinkAboutCity Council - 2003-29 RESOLUTION NO. <2003-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING THE DELEGATION OF
AUTHORITY FOR THE EXECUTION OF SPECIAL
UTILITY EASEMENT AGREEMENT
WHEREAS, it is necessary for the City to institute a"Special Utility Easement
Agreement" to define the City's responsibilities regarding pipeline repairs, replacements and
surface uses within the easement, when the City's public water pipelines are located on private
property,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Authorize the Director of Public Works and/or City Engineer and/or Deputy Director of
Public Works and City Clerk to execute Special Utility Easement Agreements and the City Clerk
to attest for all applicable future developments, in substantially the same form as the attached
agreement, which has been approved as to form by the Office of the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of may , 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
City er ity Atto ey
REVIEWED AND APPROVED: INITIA D AND APPROVED:
cz� 14�f, P
City Admi istrator Director of P is Works y 1 �3
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Res. No. 2003-29
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an regular meeting thereof held on the
5th day of May 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook, Houchen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
^T'
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
RECORDING REQUESTED BY }
AND WHEN RECORDED RETURN TO: )
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
Government Code Section 6103.
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged
, (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 (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.
03agreelspecil utility easement/4/14/03 1
Grantor retains the right to use the surface areas and 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 the CITY. There
shall also 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 overhand 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 easements harmless against all claims,
liabilities or expenses, including costs and attorneys' fees, arising from CITY's use
of such area.
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
03agree/specil utility easement/4/14/03 2
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 the Grantor herein this day of 200
GRANTOR CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By:
print narue Director of Public Works
ITS: (circle one) Chairman/President/Vice
President ATTEST:
By:
City Clerk
print name
ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM:
Officer/Asst_ Secretary-Treasurer
City Attorney 2�w41t,103
REVIEWED AND APPROVED:
City Administrator
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