HomeMy WebLinkAboutBrookhurst and Adams, LLC - 2006-08-08/ • 1t4
COY OF HUNTINGTOO BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Patty Esparza, Deputy City Clerk
FROM: Lili Hernandez, Civil Engineering Assistant d/
DATE: August 8, 2006
SUBJECT: Easement Deed for Public Water Facilities
Beachmont Plaza — 100 11 to 10111 Adams (Parcel Map No. 2003-13)
roved the attached easement deed for the subject development
Public Works reviewed and approved � p
and the City Attorney has approved the deed as to form.
Please review and process the deed for recordation with the Orange County Recorders Office.
Thank you for assistance and if you have any questions or require additional information, please
contact me at (714) 374-5386.
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ORIGINAL
RECORDING REQUESTED BY )
AND WHEN RECORDED RETURN. TO: ) Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
City Clerk ) I1N111111111111111111111IIIIIIIIIIIIIIIII11111111111111111111111111111111NO FEE
City of Huntington Beach ) 200600055112912:58pm 08/17106
2000 Main Street )
Huntington Beach, CA 92648 ) 0.0 o.o49 D10 93
o 0.00 0.00 0.00 0.00 0.00 0.00 0.00
OS'/ — Q1p� O �� �l Y- J1 [Space above this line for Recorder's use.]
OCV`(�i�fu�QST vA S 1 This document is exempt from
,h&P4CA rr VU7- PLA ,?4 recording fees pursuant to q ;
Q
Government Code Section 6103.
/03// 7-0 /0///
SPECIAL UTILITY EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Brookhurst & Adams,
LLC, a California 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 (attached hereto and incorporated by
1/EK,-U ri 9, "rutiW4;
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/citywide/specil utility easement
0
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.
agree/citywide/specil utility easement 2
0 •
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 the Grantor herein this 1r day of 200/
1.
GRANTOR CITY OF HUNTINGTO BEACH, municipal
BRooRHu T & ADAMS, LLC, a corporation of the State alifo i
Califor i mited i ility company
By:
L.C. Smull
print name Director of Public Works
ITS: (circle one)
ftsidmt manager
By: —
Bruce Cowgill
print name
ITS: (circle one) SvxKtxoyxwxvMtr4WKx APPROVED AS TO FORM:
IV-, Al�
City Attorto
REVIEWED AND APPROVED:
Manager
ATTEST:
City erk
(PURSUANT TO RESOLUTION . 2003-29)
agree/citywide/specil utility easement 3
City Administr for
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of Orange J
On May 11, 2006 before me, Dana A. Davis, Notary Public
Date Name and Title of Officer (e.g., Jane Doe, Notary Public")
personally appeared L. C. Smull and Bruce Cowgi.'
Name(s) of Signer(s)
0MyComm.E0esNovl9,2006i,
DANA A. DAVIS
Commission # 1381326
zNotary Public - CaliforniaZ Orange County
Though the information below is not required by law, it may
fraudulent removal and reatta(
Description of Attached Document
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persodamhose nam re
subscribed to the within instrument and
acknowledged to me that.Wte q /the executed
the same in ._".hWq heir authorized
capaci ies and that by his/her/their
signatur n the instrument the pers"10or
the entity upon behalf of which the persoQ
acted, executed the instrument.
and official seal.
to persons relying on the document and could prevent
form to another document.
Title or Type of Document: Special Utility Easement Agreement
Document Date: May 11, 2006 Number of Pages: 3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: L. C. Smull & Bruce Cowg-i
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Ell Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
X1 Other: CQ=Planacfers for Brookhiir-,t & Adams TIC
Signer Is Representing: Brookhurst & Adams LLC
RIGHT THUMBPRINT
OF SIGNER
s• s
O 1999 National Notary Association - 9350 De Soto Ave_ P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
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CALIFORNIA•ACKNOWLEDGMENT
SS >!: S,.aa �5, �..�SS!S S S >S S SS!.�S �y,.a�.'SS .S.-�.'S >S S 544> S S S.•.•!>SS > > S ASS c
State of California
_ ss.
County of /
On A6rZSi 7; 20>4 before me,
Datd Name and Title of Officer (e.g., "J a Doe, Notary Public")
personally appeared 2�qj/ /4 ubyI0461
Name(s) of Signer(s)
Place Notary Seal Above
❑ personally known to me
)Sproved to me on the basis of satisfactory evidence
to be the persoo whose nam ssie/are subscribed
to the within instrument and acknowledged to me that
_ha4she/they executed the same in-isiher/their
authorized capaci fes and that by hir/their
signaturElp on the instrument the persoros , or the
entity upon behalf of which the persoros acted,
executed the instrument.
WITNES my hand d official seal.
Signa re of Notary Pub
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 Docume�
Title or Type of Document: %/l !
Document Date: /% Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s)`.
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top .
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0 2004 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Ite No- 5907 Reorder. Call Toll -Free 1-800-876-68
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF PARCEL I OF PARCEL MAP NO. 79-565 FILED IN BOOK 138,
PAGES 1 AND 2 OF PARCEL MAPS; TOGETHER WITH A PORTION OF PARCEL
2, AS PER MAP FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; AND THAT
PORTION OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 6
SOUTH, RANGE 10, WEST, IN THE RANCHO LAS BOLSAS ALL RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, AS PER MAP
FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG THE
NORTHERLY LINE OF SAID PARCEL SOUTH 88054'51" WEST A DISTANCE OF
151.64 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2;
THENCE, ALONG THE MOST NORTHWESTERLY LINE OF SAID PARCEL
SOUTH 1 ° 11' 10" EAST A DISTANCE OF 24.63 FEET TO TRUE POINT OF
BEGINNING; THENCE, LEAVING SAID LINE NORTH 88'48'50" EAST A
DISTANCE OF 116.14 FEET; THENCE, SOUTH 1011'10" EAST A DISTANCE OF
95.22 FEET; THENCE, SOUTH 23°41'10" EAST A DISTANCE OF 62.72 FEET;
THENCE, SOUTH 1 °11' 10" EAST A DISTANCE OF 222.08 FEET; THENCE,
NORTH 88048'50"EAST A DISTANCE OF 1093 FEET; THENCE, SOUTH 19l'l0"
EAST A DISTANCE OF 10.00 FEET; THENCE, SOUTH 88'48'50" WEST A
DISTANCE OF 10.93 FEET; THENCE, SOUTH 1'11'10" EAST A DISTANCE OF
314.31 FEET TO THE NORTHERLY LINE OF ADAMS AVENUE AS SHOWN ON
SAID PARCEL MAP NO. 79-565; THENCE, ALONG SAID NORTHERLY LINE
SOUTH 88048'50" WEST A DISTANCE OF 10.00 FEET; THENCE, LEAVING SAID
NORTHERLY LINE NORTH 1011' 10" WEST A DISTANCE OF 45.50 FEET;
THENCE, SOUTH 88048'50" WEST A DISTANCE OF 34.25 FEET; THENCE,
NORTH 1 ° 11' 10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH
88048'50" EAST A DISTANCE OF 34.25 FEET; THENCE, NORTH I'lI'l0" WEST
A DISTANCE OF 26.70 FEET; THENCE, SOUTH 88'48'50" WEST A DISTANCE OF
30.34 FEET; THENCE, NORTH 1'11'10" WEST A DISTANCE OF 4.50 FEET;
THENCE, SOUTH 88048'50" WEST A DISTANCE OF 1.66 FEET; THENCE, NORTH
1011'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88'48'50" EAST
A DISTANCE OF 32.00 FEET; THENCE, NORTH 101 I' l0" WEST A DISTANCE OF
28.30 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 227.00 FEET;
THENCE, NORTH 1°11'l0" WEST A DISTANCE OF 49.75 FEET; THENCE, SOUTH
88048'50" WEST A DISTANCE OF 9.00 FEET; THENCE, NORTH I'l I'l0" WEST A
DISTANCE OF 10.00 FEET; THENCE, NORTH 88'48'50" EAST A DISTANCE OF
9.00 FEET; THENCE, NORTH 1'11'10" WEST A DISTANCE OF 224.75 FEET, -
THENCE, SOUTH 88048'50" WEST A DISTANCE OF 9.00 FEET; THENCE, NORTH
PAGE 1 OF 2
0 •
1011'10" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 88°48'50" EAST
A DISTANCE OF 9.00 FEET; THENCE, NORTH 1 ° l l' 10" WEST A DISTANCE OF
7.50 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 4.50 FEET;
THENCE, NORTH 1 ° 11' 10" WEST A DISTANCE OF 5.00 FEET; THENCE, NORTH
88048'50" EAST A DISTANCE OF 4.50 FEET; THENCE, NORTH 1°11'10" WEST A
DISTANCE OF 7.50 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF
4.50 FEET; THENCE, NORTH 1 ° l l' 10" WEST A DISTANCE OF 5.00 FEET;
THENCE, NORTH 88048'50" EAST A DISTANCE OF 4.50 FEET; THENCE, NORTH
1011'10" WEST A DISTANCE OF 16.50 FEET; THENCE, SOUTH 88°48'50" WEST
A DISTANCE OF 117.86 FEET TO THE EASTERLY LINE OF PARCEL 1 OF MAP
FILED IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG SAID
EASTERLY LINE NORTH 1019'35" WEST A DISTANCE OF 10.00 FEET; THENCE,
LEAVING SAID LINE NORTH 88048'50" EAST A DISTANCE OF 0.14 FEET;
THENCE, NORTH 1 ° 11' 10" WEST A DISTANCE OF 11.67 FEET; THENCE,
NORTH 88048'50" EAST A DISTANCE OF 5.00 FEET; THENCE, SOUTH I'lI'l0"
EAST A DISTANCE OF 11.67 FEET; THENCE, NORTH 88048'50" EAST A
DISTANCE OF 122.74 FEET; THENCE, SOUTH 1 ° 11' 10" EAST A DISTANCE OF
336.00 FEET; THENCE, NORTH 88048'50" EAST A DISTANCE OF 217.00 FEET;
THENCE, NORTH 1 ° 11' 10" WEST A DISTANCE OF 409.40 FEET; THENCE,
NORTH 23041'10" WEST A DISTANCE OF 62.72 FEET; THENCE, NORTH
1011'10" WEST A DISTANCE OF 3.80 FEET; THENCE, SOUTH 88048'50" WEST A
DISTANCE OF 22.57 FEET; THENCE, NORTH 1011'10" WEST A DISTANCE OF
10.00 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 22.57 FEET;
THENCE, NORTH 1 ° 11' 10" WEST A DISTANCE OF 73.41 FEET; THENCE SOUTH
88048'50" WEST A DISTANCE OF 26.87 FEET; THENCE, SOUTH I°11'10" EAST A
DISTANCE OF 16.48 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF
10.00 FEET; THENCE, NORTH 1 ° 11' 10" WEST A DISTANCE OF 16.48 FEET;
THENCE, SOUTH 88048'50" WEST A DISTANCE OF 69.27 FEET TO THE MOST
NORTHWESTERLY BOUNDARY LINE OF SAID PARCEL 2, AS PER MAP FILED
IN BOOK 5, PAGE 42 OF PARCEL MAPS; THENCE, ALONG SAID BOUNDARY
LINE NORTH 1 °11' 10" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT
OF BEGINNING.
AREA=16,495 SQ. FT. (0.38 ACRES) MORE OR LESS
AS MORE PARTICULARLY SHOWN ON EXHIBIT `B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF.
y
LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF:cn
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it
/C-7
DAMES H. KAWAMURA RP.E. N0. 30560 DATE, ;Jo. 50 0
;+
E;:p. 03i 31 /08
PAGE 2 OF 2
\�F CALIF,/
SHEET 1 OF 5
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EXHIBIT 'iB"
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND SCALE: 1 "=40'
BY REFERENCE MADE APART HEREOF.
�; V Na:30560 /;} P.O.B.
`\ 03/31/08 NORTHEAST CORNER OF
civi.,' �'' PARCEL 2 PER MAP RECORDED IN
FOP CAS?<U - BOOK 5, PAGE 42 OF PARCEL MAPS.
406.00' P/L S88'54'51"W 151.64'
T.P.O.B. r 26 87' 50'W
501' 11' 10"E
24.63'
N01' 11' 10"W
10, 00'
PARCrL 1 P.JV1. 5/42
;'A CAL 2 P.1\j1, 5/42
BASIS OF BEARING:
BASED ON THE CENTERLINE OF BROOKHURST
STREET AS BEING N01'19'35W PER MAP RECORDED
IN BOOK 5, PAGE 42 OF PARCEL MAPS
N88'48'50"E 116.14'
S88'48'50"W 69.27'
NOV11'10"W -
16.48'
S88'48'50"W -
10.00'
N88'48'50"E
22.57'
NOV 11' 10"W
10.00'
S88'48'50"W--/
22.57'
tJ J-
N01'11'10"W
3,80
N23'41'10"W
62.72'
SEE SHEET 2
C�
•
SHEET 2 OF 5
BASIS OF BEARING:
BASED ON THE CENTERLINE OF BROOKHURST
STREET AS BEING N01'19'35W PER MAP RECORDED
IN BOOK 5, PAGE 42 OF PARCEL MAPS
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EXHIBIT "B"
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND
BY REFERENCE MADE APART HEREOF.
�\; J No. 3`0560
Exp. 03/31/08
N01'11'10"W
�P/L
409.40'
S01' 11 ' 10"E 222.08'
403.92'
SCALE: 1 "=40'
BROOKHURST STREET
o R/W
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385.57'
91
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S88' 48' 50"W —
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34.25'
C'
NO1'1I'll 0"W
.-- 45.50' -
EXHIBIT "B"
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND
BY REFERENCE MADE APART HEREOF.
BROOKHURST STREET ti
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SEE SHEET 4 `D
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BASIS OF BEARING: N z
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BASED ON THE CENTERLINE OF BROOKHURST Jo
STREET AS BEING NO1'19'35W PER MAP RECORDED
IN BOOK 5, PAGE 42 OF PARCEL MAPS o
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SCALE: 1 "=40'
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NOV11'10"W 409.40' m0"E 314.31'
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SEE SHEET 3
EXHIBIT "B"
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND
BY REFERENCE MADE APART HEREOF,
SCALE: 1"=40'
BROOKHURST STREET
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j 3
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CD
5 Cq
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cl
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BASIS OF BEARING:
BASED ON THE CENTERLINE OF BROOKHURST
STREET AS BEING N01' 19'35W PER MAP RECORDED
IN BOOK 5, PAGE 42 OF PARCEL MAPS
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b
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Exp. 03131/08
IX Clue
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SHEET 5 OF 5
nw ,
NO1*11'10"W
11.67'
N 88' 48' 50"E
0.14'
NO 1' 19' 35"W
I 1 10.00
EXHIBIT "B"
AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND
BY REFERENCE MADE APART HEREOF.
N88'48'50"E
5.00'
SO1' 11' 10"E
11.67'
N88' 48' 50"E
122.74'
S88'48'50"W 117.86'
NO1'11'10"W
5.00' N88'48'50"E
4.50'
N01'11'10"W
5.00'
NO1'11'10"W
10.00'
S88'48'50"W
9.00'
r'ARC2L 2 P,J\il, 5/42
BASIS OF BEARING:
BASED ON THE CENTERLINE OF BROOKHURST
STREET AS BEING N01'19'35W PER MAP RECORDED
IN BOOK 5, PAGE 42 OF PARCEL MAPS
0
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cN
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SEE SHEET 4
SCALE: 1 "=40'
NOVl1'10"W
16.50'
N88'48'50"E
4.50'
S88'48'50"W
4.50'
NO1'11'10"W
7.50'
S88'48'50"W
4.50'
NOV11 10 W
7.50'
N88'48'50"E
9.00'
�� rryv 01
!! No. 3016
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Evp. 03/31 /0a
0
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0
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SHEET 1 OF 1
WATER EASEMENT LOCATION INDEX
SCALE: NONE
P/L
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120 1
PAR
j1 1 1 PAjl, 5/42
I
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I
Z I LEGEND: I
Q I WATER LINE I
TER EASEMENT TO BE
�I� l
Q E ICATED
WATER EASEMENT TO BE
4' DEDICATED PER SEPARATE
! DOCUMENT I
I 120
I � I
51
�I I
1 _
ADAMS AVENUE
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