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HomeMy WebLinkAbout7677 Center Avenue LLC - 2013-10-01This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder RECORDING REQUESTED BY ) 111111111111111I11111111III111111111111111111111111111111111Jill IIIII 111IN0 FEE AND WHEN RECORDED RETURN TO: ll 2013000627631 01:55pm 11/13/13 913 406 Al2 9 A.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 City Clerk ) City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorder's use.] j ;7 � v � '� /9✓ f- L This document is exempt from 3/ —3,3 recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, 7677 Center Avenue LLC, a Delaware limited liability company, (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 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 S> day of (67—,p &X , 2013. GRANTOR 7677 CENTER AVENUE, LLC, a Delaware limited liability company `print name) ITS: (circle one) Chairman /� dent ice President/Assistant Secretary IC (print name) ITS: (circle one) Chairman/President/Vice President/Assistant Secretary CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California irector of Pub" is Works ATTEST: `City Clerk / J TO RESOLUTION . 2003-29) APPROVED AS TO FORM: 6 w z C y Attorney APPROVED: City Manager agree/city wide/special utility easement 3 NOTARY ACKNOWLEDGEMENT State of OA ) SS County o On this 10 70M before me, DATE NAME, TITLE OF OFFICER-E.G., "JANE DOE, NOTARY PUBLIC personally appeared 62! " < PAT'll NAME(S) OF 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 he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 han p p SIGNATURE *4114 (?✓�/� KATHRYN ESGUERRA-MARESCHI Notary Pu 'c in and for a' St a Commission * 1886323 Notary te - rota Ma San Mateo County (NAME PRINTED) V lop My Comm. Expires A r 18, 2011 G:\Engineering Division\DEVELOPMENT\DEEDS & EASEMENTS\New Notary Statement (03-05-08)jrw.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of 6A,4AJ �F On / 6y- 6. before me, z__ Date �� `/ Here Insert Name and Title of t e Officer -/T personally appeared �j /� . >44��X//t/J 62iJ6 e.l .4.� Z_ Name(s) of Signer(s) P. L. ESPARZA Commission # 2032750 ,-e Notary Public - California i z Orange County My Comm. Expires Au 4, 2017 who proved to me on the basis of satisfactory evidence to be the persor6 whose nam (`s are subscribed to the within instrument and acknowledged to me that ey xecuted the same in -hisfhel��7 authorize capacity(6D and that by -hWhe their signature on the instrument the persor ss or the entity upon behalf of which the person&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 al seal. Signature// 'y )� Place Notary Seal Above Si ature of Notary tic / 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 Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2012 National Notary Association • NationalNotary.org 0 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" DEDICATION - WATERLINE EASEMENT LEGAL DESCRIPTION PARCEL "A" THAT PORTION OF PARCEL 7 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 144, PAGES 31 THROUGH 33, INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT 6 OF LOT LINE ADJUSTMENT LL 83-3 RECORDED FEBRUARY 14, 1984 AS INSTRUMENT NO. 84-064130 DESCRIBED AS A WHOLE AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 7, SAID POINT ALSO BEING ON A 295.00 FEET RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 71055'00" EAST, THENCE LEAVING SAID 295.00 FEET RADIUS CURVE NORTH 71055'00" EAST, 25.00 FEET TO A POINT ON THE EASTERLY LINE OF A 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE LANE) AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE LANE) SOUTH 18°05'00" EAST, 54.67 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP; THENCE LEAVING SAID EASTERLY LINE OF SAID 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE LANE) EASTERLY ALONG SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT NORTH 71055'00" EAST, 47.94 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF A 10.00 FEET WIDE EASEMENT, WHOSE SIDELINES LIE PARALLEL AND AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE LEAVING SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP, NORTH 49°26'24" WEST, 43.19 FEET TO THE TERMINUS END OF SAID CENTERLINE, SAID SIDELINES SHALL BE LENGTHENED OR SHORTENED SOUTHEASTERLY OR NORTHWESTERLY TO TERMINATE AT SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP; CONTAINING 432 SQUARE FEET MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS -OF -WAY OF RECORD, IF ANY. SEE EXHIBIT `B" ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART THEREOF. SHEET 1 OF 3 EXHIBIT "A" DEDICATION - WATERLINE EASEMENT LEGAL DESCRIPTION PARCEL`B" THAT PORTION OF PARCEL 7 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 144, PAGES 31 THROUGH 33, INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT 6 OF LOT LINE ADJUSTMENT LL 83-3 RECORDED FEBRUARY 14, 1984 AS INSTRUMENT NO. 84-064130 DESCRIBED AS A WHOLE AS FOLLOWS; BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 7, SAID POINT ALSO BEING ON A 295.00 FEET RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 71055'00" EAST, THENCE LEAVING SAID 295.00 FEET RADIUS CURVE NORTH 71055'00" EAST, 25.00 FEET TO A POINT ON THE EASTERLY LINE OF A 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE LANE) AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE LANE) SOUTH 18005'00" EAST, 54.67 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP; THENCE LEAVING SAID EASTERLY LINE OF SAID 50.00 FEET WIDE PRIVATE DRIVE (HUNTINGTON VILLAGE DRIVE) EASTERLY ALONG SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT THE FOLLOWING THREE COURSES; NORTH 71055'00" EAST, 81.24 FEET; NORTH 39034'04" EAST, 29.05 FEET; SOUTH 50025'56" EAST, 10.91 FEET; SOUTH 39034'04" WEST, 29.05 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP SOUTH 50025'56" EAST, 13.02 FEET TRUE POINT OF BEGINNING OF THE CENTERLINE OF A 10.00 FEET WIDE EASEMENT, WHOSE SIDELINES LIE PARALLEL AND AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE; SHEET 2 OF 3 THENCE LEAVING SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP, NORTH 39°34'04" EAST, 15.97 FEET TO THE TERMINUS END OF SAID CENTERLINE, SAID SIDELINES SHALL BE LENGTHENED OR SHORTENED SOUTHWESTERLY OR NORTHEASTERLY TO TERMINATE AT SAID NORTHERLY LINE OF SAID WATERLINE EASEMENT AS SHOWN ON SAID PARCEL MAP; CONTAINING 160 SQUARE FEET MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS -OF -WAY OF RECORD, IF ANY. SEE EXHIBIT `B" ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. [tAK CORREIA, L.S. 6927 ATE 19 FRANK t<`� C? CORREIA O No.6927 w Ems. SHEET 3 OF 3 EXHIBIT D10 SHEET 1 OF 1 EASEMENT FOR WATERLINE OPERATION AND MAINTENANCE C2 L1� CA5c'-') 1 016o6' ro , L 1 L5 PAR. 'A" P.O.C. ,-� PARS. 'A„ & „811 i ks� pR� / 5p, PR�A aq/31'33 Z ? L8,�3 \ Q 5 PER pM6 ; o� L7 \ o� T. P. 0.8. �CLPAR. 'A" 25� 25' �55'pp" LINE DATA CURVE DATA NO.1 REARING DISTANCE L 1 N71'55'00"E 25.00' L2 S18'05'00"E 54.67' L3 N71 '55'00 "E 81.24' L4 N39734'04 "E 29.05' L5 S50'2556"E 10.91 ' L6 S39'34'04"W 29.05' L7 S50'2556T 13.02' L8 N71'55'OOOE 47.94' L9 N49'2624"W 43.19' L 10 N39'34'04"E 15.97' L 11 N74'31 '46"E 43.01 ' L 12 N50'40'05 "E 34.46' L 13 I N23'3739"E 1 19.93' I T RO.8. CL PAR. 'B" NO. DELTA LENGTH RADIUS TANGENT Cl 39'0553" 61.42' 90.00' 31.96' C2 55'02' 18" 105.67' 110.00 57.31 ' C.)' FRANK wit _V CORREIA 0 -3 No.6927 \* ExP ARMS MONG &. BROOKS PLANNINGINFRASTRUCTURESITE 1530 CONSUMER CIRCLE, SUITE B P: 951 - 372 - 8400 F: 951 - 372 - 8430 NG ENGINEERS I ' WATER RESOURCES CA 92880