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Home My WebLink AboutAmcal Oceana Fund, L.P - 2014-04-14 This Document ctronically recorded by • City . tington Beach Recorded in Official Records, Orange County Hughi pNguyen, Clerk-Recorder �p p RECORDING REQUESTED BY ) IIIIIIIIC 'llII�I�O�IlluuIVIINO FEE AND WHEN RECORDED RETURN TO: aa1 A1z � 2014000187602 03:06pm 05/14/14 �o b.00 0.00 0.00 0.00 18.00 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.] This document is exempt from - recording fees pursuant to 3„05G Government Code Section 6103. 60 SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Amcal Oceana Fund, L.P., a California limited partnership, (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 ]and 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 I 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 Vf* day of rI � , 2014. GRANTOR CITY OF HUNTINGTON BEACH, AMCAL OCEANA FUND, L.P., a municipal corporation of the State a California limited partnership of California B . ' Y �J P"i0v#J'T, A"JnN�K� GPo LLe, (print name) Director of Public Works ITS: (circle one) Chairm r�- Vice .President/Assistant Secretary ATTEST: City Oerk By: (P RSUANT TO RESOLUTION NO.(13-29) L.h7c Fn t v IG u '�tT. t� er PMr� dEF-- (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice President/Assistan Secretaryffi City Attorn S/S1 jREV01kAN1D APPROVED: anager agree/city wide/special utility easement 3 STATE OF CALIFORNIA ) ' ss. COUNTY OF f(t.S ) On - 14 ` ( 4 before; rye, L V� -W0' -e {w, a notary public, personally appeared i a^( who proved to me on the basis of satisfactory evidence to a the per n(s)whose name(s)$/are subscribed to the within instrument and acknowledged to me that Ve//ie/they executed the same in h j*r/their authorized capacities, and that by Vs/lifer/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. - - -i WITNESS my hand rnd official seal. MEM ID.1NiLHELM JJJ Commission#2013862 ( ! Notary Public.-.California VbM�ta County. M .Comm.Ex bes r.2,201 Signature (Seal) a ACKNOWLEDGMENT State of California ) ss County of Orange On May 7, 2014 before me, P.L. Esparza, Notary Public for the State of California, personally appeared Joan L. Flynn 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. RZA WITNESS m hand and official seal. P.L.E y Commissionn##r 2032750 = c -s Notary Public-California z 1. Orange County M Comm.Expires Aug4,2011 A ZlIn otary Sign re) EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT BEING A PORTION OF PARCEL 1 OF PARCEL MAP RECORDED 1N BOOK 52, PAGE 6, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY OF ORANGE, RECORDER OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 52, PAGE 6 OF PARCEL MAPS, SAID CORNER ALSO BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF BEACH BOULEVARD. THENCE CONCAVE SOUTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF BEACH BOULEVARD, HAVING A RADIUS OF 10066.00 FEET, THROUGH A CENTRAL ANGLE OF 00005'06", AN ARC LENGTH OF 14.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE RADIALLY THROUGH SAID CURVE, SOUTH 89°04'50" WEST, A DISTANCE OF 7.50 FEET; THENCE SOUTH 00057-502" EAST, A DISTANCE OF 11.00 FEET; THENCE NORTH 89001'05" EAST, A DISTANCE OF 7.50 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID PARCEL, ALSO BEING WESTERLY RIGHT-OF- WAY LINE OF BEACH BOULEVARD; THENCE RADIALLY THROUGH SAID CURVE A CENTRAL ANGLE OF 00003'45", AN ARC LENGTH OF 11.00 FEET TO THE TRUE POINT OF BEGINNING; TOTAL EASEMENT SIZE 82.5 SQUARE FEET,MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. QppFESSIp Fy L(J� �l CN11. �Q of CAUF�� Q(tOFESS/p LINE DATA CURVE DATA P DELTA LENGTH DELTA RADIUS LENGTH �� 82.5 DENOTES S.F.) EASEMENT QL1 S89'04 50 W R 7.50 Cl 00'05 06 10066.00 14.92 ) W o 29 m L2 S00'S7 02 E 11.00 C2 00'03 45 10066.00 11.00 p,O.B — POINT OF BEGINNING 0: EXP. 03-31-15 L3 N89'01 05 E R 7.50 T.P.0.6 — TRUE POINT OF BEGINNING civl%_ 3�`�/I� (---) — INDICATE DIMENSION DATA PER Or CAL%E PARCEL MAP PMB 52/6 I N E CORNER PARCEL 1 N'LY LINE OF PARCEL 1 P.O.B. (N89'55'45"E) N'LY LINE OF THE S.1/2 OF THE N.1/2 N89'09'S8"E RAD OF THE S.E. 1/4 OF THE N.E. 1/4 OF THE N.E. 1/4 0 OF SECTION 35, T.S. 5S, R11 W, S.B.&M L1 U T.P.O.B. Q PROJECT SITE L3 18151 BEACH BLVD. Q r. 0 PARCEL 1 w 3 0 PMB 52,PG. 6 0 O (D APN. 159-271-68 a 0 J SCALE 1"=20' J iw aWAW er. PACIFIC COAST CIVIL, INC.3014'. AGOURA ROAD,SUITE 200 EXHIBIT "B" - AGOURA HILLS,CA 91301 PH: (818)865.4168 FAX: (818)865_4198 WATER EASEMENT SHEET 1 OF 1 01-29-2014