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HomeMy WebLinkAboutCalvary Chapel - 2005-07-12`. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn, City Clerk FROM: Robert Beardsley, PE, Director of Public Works DATE: November 2, 2005 SUBJECT: 'Utility Easement Agreement for Calvary Chapel (7800 Edinger Avenue) Presented for signature by the City Administrator attested by the City lerk for recording -is the Special Utility Easement Agreement (attachment) from Calvary Chape to the City of Huntington Beach. The Agreement has been approved as to form by the City Atto ey's Office. If you have any questions, please contact Lili Hernandez at 374-5386. RFB/LH: cs Attachment 1 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder ANCORDING REQUESTED BY D WHEN RECORDED RETURN TO: ) IllllillllllllllllillilIII{Illlllllllllllllllillllllll{IIIIIIIIIIIIIIIIIII NO FEE 2005000945597 08.06am 11/28/05 City Clerk ) 211 96 E02 9 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street ) Huntington Beach, CA 92648 )-- — -- -------------- -- - Space above this line for Recorder's use.] �s 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 lam✓ C,� 4v,�,,o.,3t.4(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 NI to CITY, whenever and wherever necessary for the purpose of laying, constrWcting, o reconstructing, renewing, inspecting, maintaining, operating, repairing, enlaggie, M replacing and using said water transmission and delivery line or lines.=a rn � 0_< > agree/citywide/specil utility easement 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 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 ISecial Utility Easement has been executed by the Grantor herein this Z� day of /t..._ 2005 . GRANTOR IC f�Y►,l L—�D prin name ITS: (circle one) Chairman/Presiden D President By: z�9Vr"y AF-j qu,Z /? CC ®M � pnnt name ITS: (circle one) ecretai /Chief Financial Officer/Asst. Secretary - Treasurer agree/citywide/specil utility easement 3 CITY OF HUNTINGTON BEACH, a municipal co oration of the State of California Director of Public Works ATTEST: City C (PURSUANTToPEsoLU ONNo.2003-29) APPROVED AS TO FORM: C City At mey lQ (11U5 REVIEWED AND APPROVED: / City Administrator CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of lr'G�1� On ��%S before me,�Vj.o ` dC,ifi to Name and Title of Officer (e.g.. "Jane Doe, Notary Public" -- personally(peared A�-�� l�'✓L�Zr Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence DAN ROSS Commission#138405 Z i Notary Public - Calibmia z Orange County Q0111illy Com o. Expo Aug 9, 2005 to be the perso`f' whose names/pry' subscribed to <the within instrument and acknowledged to me that he/s y executed the same in hisltle I lI authorized capacitYP45I and that by his/f�/fir signatureofon the instrument the perso�or the entity upon behalf of which the persone", rlo�E=my seal. Signature pf Notary Bdblic 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: S(eZio-9 I (�( Document Date: C Z Number of Pages: Signer(s) Other Than Named Above: W Capacity(ies) Claimed by Signer Signer's Name: / 1 rl!��ct K f t ❑ Inpidual ❑+,Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ,� Signer Is Representing: Olaq,g „-.,4 RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 "1 6- On .1 L `'" % " 4rbefore me, Date ss. k il-► XOf Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared A Ly ^% Name(s) of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence DAAN ROSS Commission # 1364415 i Notary Public - Caftmhk Grange County QNIYCAN=. Expifres Aug 9, 20M to be the personIS4whose namexis/fie subscribed to tIfe within instrument and acknowledged to me that he/s*6tj;iey executed the same in his/Wtbeir authorized capacity(I Sr and that by his/fir signature(on the instrument the persorK, or the entity upon behalf of which the person(,ar acted, executed the instrument. WITNESS mNharxf and official seal. Signature of Notary Public 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: 0VU Document Date: % ! L Number of Pages: .3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ In (`dual ,p /p Top of thumb here C3<orporate Officer — Title(s):/i,tc� I i�4li� lu/I ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: �, r Signer Is Representing: Cj v�ry_l © 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - wwwmationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 Z3 EXHIBIT "A" WATERLINE EASEMENT 7800 EDINGER AVENUE IN THE CITY OF HUNTINGTON BEACH A.P.N. 142-111-34 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO.92-218 AS SHOWN ON A MAP FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE, ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 00°44'21" EAST 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF EDINGER AVENUE AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID SOUTHERLY LINE, SOUTH 89°24'54" WEST 106.35 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, LEAVING SAID SOUTHERLY LINE, SOUTH 00°35'06" EAST 11.72 FEET; THENCE, SOUTH 89024'54" WEST 55.38 FEET; THENCE, SOUTH 00000'25" EAST 159.63 FEET; THENCE, NORTH 89°15'.37" EAST 12.90 FEET; THENCE, NORTH 00037'59" WEST 14.60 FEET; THENCE, NORTH 89022'01" EAST 10.00 FEET; THENCE, SOUTH 00037'59" EAST 24.58 FEET; THENCE, SOUTH 89015'37" WEST 73.08 FEET TO THE WESTERLY LINE OF THE EAST 554 FEET OF THE NORTH 630 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE, ALONG SAID WESTERLY LINE, NORTH 00°44'21" WEST 10.00 FEET; THENCE, LEAVING SAID WESTERLY LINE, NORTH 89°15'37" EAST 40.20 FEET; THENCE, NORTH 00000'25" WEST 171.38 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF EDINGER AVENUE; THENCE, ALONG SAID SOUTHERLY LINE, NORTH 89°24'54" EAST 65.26 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 3,239 SQUARE FEET. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. ARED UNDER THE SUPERVISION OF: ( d -V(( V� JOSEPH G — JO H G. TRUXAW, TRUXAW P.L.S. 6871 * NO.6871 cS� Exp.9-30-200E 1AW0RD6\FILES\CLV04008\WAFER LINE EASEMENI'.DOC •'� JO�pSE��Py�HG. IRVMO W NO. 6871 D(P. 9-3D-2oas WESTERL Y LINE OF EAST 554' OF THE NORTH 630' OF THE N. W 114, N. E. 114, N. E. 114, SEC. 23, T.SS, R.11 W.. S. B.M. M.M. BOOK 51, PAGE 13. el- � o � 2 ;V O ve 0 z NOO'37'S9"W 14.60' N8975'37"E 1 NOO 44 21 "W 40.20' 10.00' BASIS OF BEARINGS THE BEARING OF NOO 44 21 "W FOR THE CENTERLINE OF PARKSIDE LANE AS SHOWN ON PARCEL MAP NO. 92-218, FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS PLA T, RECORD DATA NOTE: DATA SHOWN HEREON IS RECORD PER PARCEL MAP NO. 92-218, FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER.. NOTE: AS DESCRIBED ON THE ATTACHED EXHIBIT 'A" AND BY THIS REFERENCE MADE A PART HEREOF. Prepared by. —Jbspn G Traxaw and Amcktes, hlc CW Engineers and Land Surveyors 265 S Aft WK SLR. 111, O mgq (n*) 935-a265 i ,. —AREA OF EASEMENT Lo m wQ � 1 4 cv icy N 0) in �0� O R o z »z u U »_ a N8922101 "E w 10.00' U� NO0'37'S9"W 24.58' 73 08' -a-e' N8975'37 E N8975 37"E 12.90' PORTION N.W. 1 /4, N.E. 1 /4, N.E, 1 /4, SEC, 23, T.5S., RAM, S.B.M. M.M. 51/13 S N a 8 NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 92-218, P.M.B. 278, PAGES 5 AND 6 OF PARCEL MAPS. AREA OF EASEMENT = 3,239 SQUARE FEET WATER EASEMENT 7800 EDINGER AVENUE, HUNTINGTON BEACH, CALIFORNIA DRAWN: TVD CHKD: JGT DATE: 1-6-04 DATE: 1-6-05 4, . EXHIBIT "A" WATERLINE EASEMENT 7800 EDINGER AVENUE IN THE CITY OF HUNTINGTON BEACH A.P.N.142-111-34 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE I l WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 92- 218 AS SHOWN ON A MAP FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE, ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 00°44'21" WEST 5.05 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, LEAVING SAID WESTERLY LINE, SOUTH 89°24'54" WEST 29.39 FEET; THENCE, NORTH 00035'06" WEST 50.39 FEET; THENCE, NORTH 89024'54" EAST 10.00 FEET; THENCE, SOUTH 00035'06" EAST 40.39 FEET; THENCE, NORTH 89024'54" EAST 19.37 FEET TO SAID WESTERLY LINE OF PARCEL l; THENCE, ALONG SAID WESTERLY LINE, SOUTH 00°44'21" EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING APPROXIMATELY 698 SQUARE FEET. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY. ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. LEGAL D CRIPTION PREPARED UNDER THE SUPERVISION OF: J PH G. TRUXAW, P.L.S. 6871 � JOSEPH G � TRUXAW * NO.6871 tf� Exp.9-30-2M I:\WORD6\FILES\CLV04008\I EGAL-WATER LINE.DOC SCALE. 1" = 10' P.0.8. S. W. CORNER OF PARCEL 1 OF P.M. 92-218, P.M.B. 278 5AND 6.—� W 0 t6 (N Io 4 '-- 10.00' - N00 44'21 "W T.P.0.6. EXHIBIT T" FOR, N.W. 1 /4, N.E. 1 /4, N.E. 1 /4 N0035'06"W 50.39' � Q 1 Z N00 35'06 "W 40.39' -� AREA OF EASEMENT SEC. 23, T.5S., R.1 I W., S.B.M. M.M. 51 / 13 WESTERL Y LINE OF PARCEL 1 OF PARCEL MAP No. 92-218, P.M.B. 278, PAGES 5 AND 6. PARCEL 1 PARCEL MAP NO, 92-218 P.M.B. 278 PAGES 5 AND 6 PARKSIDE- N00 44'21 "W BASIS OF BEARINGS THE BEARING OF N00 44'21 "W FOR THE CENTERLINE OF PARKSIDE LANE AS SHOWN ON PARCEL MAP NO. 92-218, FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, STATE OF CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS PLA T. NOTE: AS DESCRIBED ON THE A TTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF. Prepared by. G Tinxm and Aas=W@ he Civr7 Engineers and Land Surveyors 265 S M& &fm S.He 111, 0--qk in*) 05-0265 LANE 630.00' RECORD DATA NOTE: """"""" DATA SHOWN HEREON IS RECORD ER PARCEL MAP NO. 92-218, FILED IN PARCEL MAP BOOK 278, PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER. AREA OF EASEMENT = 698 SQUARE FEET WATER LINE EASEMENT: 7800 EDINGER AVENUE, HUNIINGTON BEACH, CALIFORNIA DRAWN: CL CHKD.- JGT DATE: 1-6-05 1 DATE: 1-6-05