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HomeMy WebLinkAboutCity of Westminster - 1986-01-21W-ITE. INE EASEMENT AGREEMENT BETWEEN THE -CITY OF HUNTINGTON BEACH JAXD THE CITY GF WESTMINSTER ­- TRACT NO, 3494 THIS AGREEMENT is made and ente";ed into on this 22$,, —day of Q'_" e - ? 1986, by and between the CITY UP HUNTINGTON B CEO, a municipal corporation of the State of California, hereinafter referred c.> as "HUNTINGTON BEACH" and the CITY OF WESTMINSTER, a. municipal corporation of the State of California, hereinafter referred to as "'WI�S'TMINSTER". WHEREAS, WESTMINSTER desires to obtains the water line easement set forth in the e:recutory Easement Deed attached hereto as Exhibit 1o. 1; and WHEREAS, HUN'rINGTON BEACH desires to grant said easement; NOW, THEREFORE, in consideration of the proz�;ses and e agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1 « EASF'�NT HUNTINGTON BEACH agrt.ea to grant to WESTMINSTER the water line easement set forth in the executory Easement Dged attached .hereto as Exhibit No. 1 and incorp;;>rse,_­d herein by this reference. 2. PAYME, N'T WESTMI'9h 3111ER agrees to pay to HUNTINGTO9 REACH the sum of Two Thousand Dollars ($2, 000) -within ninety 'k 90) days of the execut'on of this agreement by HUNTINGTON BEACH. 3. REPAIR RIGHTS HUNTINGTON BEACH shall continue to have the right to naintain, repair, and replace any and all �,.acjlitias owned by i HUNTINGTON BF -AC H presently existing in the easement area. When maintaining, repairing or replacing such facilities, HWT11NGT'..N Bx,ACH shall not be responsible for any costs or expenses of removing or relocating the water lime facilities installed by the undersigned in the easement area, provided that such removal or relocation is reasonably necessary in light of ouch repairs, M.r...intenance or replacement by HUNTT_;3GIMN 5EACH, and provided that such repair, mainte. Ance or replacement is conducted in a reasonable manner and causes minimal disturbance of the sewer and drainage facilities installed by the undersigned. in the ease"sert area. 4. INDEMNIFICATION, DEFENSE, HO*M HA.RMLES 5 WESTMINSTER hereby agrees to protect, defend, indemnify and hold and save harmless HUNTINGTON BEACH, it officers, agignts and employees against any and all liability, claims, judgments, costs, snits, and demands, however caused, arising directly° or indirectly out of the use of the Basement granted hereunder (including but not limited to the construction, installation, maintenance, repair or replacement of the- water line facilities) regardless of i,be active or passive (nature of any neg?igence by HUNTINGTON BEACH, save and except those which arise out of the sole negligence or sole willful misconduct of HUNTINGTON BEACH- WESTK(NSTER will defend ary such suits at the sole coat and expense of WESTMINSTER wnen requested by HUNTINGTON BEACH, and any costs oZ deferge or attorneys' fees incurred by HUNTINGTC-9 BEACH in enforcing this, obligation will be reimbursed to HUNT'INGTON BEACH or may be awarded to HUNTINGTON BEACH by a court of e • 5. SON-ASSy ILITY WESTMINSTER shall not cell, assign., transfer, convey or encumber this Agreezf—, it, or '-Ay part hereof, or any right or a�Aty creatsd herein, without the prior written consent of HUNTINGTON BEA^H. 6. CITY EMPLOYEES AND OFFICIALS WESTMINSTER shall employ no TINGTON BEACH officials nor any regular HUNTINGT©N BEACH employee in the construction or installation of the water line facilities. In accordance with California Government Code Sections 1090'et seq., but subject to the exceptions therein set forth, no HU,NTINGT0N,$£.ACH official or employee shall be financially interested in nor -derive any financial benefit , either directly ar indirectly, from this Agreement:. 7. ATTORNEY°S FEES 1f any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees-, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. a. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain,modify, amplify or aid it the interpretation, construction or meaning of the provisions of this Agreefficnt. .. ENT I RL"T."i r The foregoing represents the entire Agreembnt between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agre, ment to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON MNCH, A municipal corporation Mayor APPROVED AS TO FORM: City At,tothey „ - -yx, --ec. AT�F,D, AND APPROVED: —71 erector o u zc Woz S ATTEST: z. �Iezl Caty C exit REVIE D APPROVE ! /b� C Administrator CITY OF WESTMINSTER, A munic�pal corporation Mayof---,Or-- APPB.QVED AS FORM 6 'it Atto ey 1-3 ATED AND APPRO Z.- ATTEST i I ty 4 REVIEWED A3V4;P1'i0VED. ty rupainis r ,..,. . 9, AGREEMENT FOR SEWER AND DRAINAGE EASLMENTS WITH THE WESTMN5TER INVESTMENT GROUP, AND DAYTON-HUDSON --- TRACT NO. 3494 THIS AGREEMENT is made and entered into on this day t of `' 1956, by and between the CITY OF 1 1 HUNTINGTON S�ACH, a municipal corporation of the State of Ca3:.fornia, hereinafter referred to as "HUNTINGTON BEACH" and `ie WESTMINSTER INVESTMENT GROUP, a Califoinia general partnership, hereinafter referred to as "W.I.G." and Dayton Hudson, a corporation, hereinafter referred to as "D.H. WHEREAS, W.I.G. and D.H. desire to obtain the sewer and drainage easements set forth in the executory Easement Deeds attached hereto as Exhibits 1 and 2; and WHEREAS, HUNTINGTON BEACH desires to grant said easements; NOW, THEREFORE, in consideration of the promises and agreements 'hereinafter made and exchanged, the parties covenant and agree as foilows: 1. EASEMENTS HUNTINGTON BEACH agrees to grant to W.X.G. and D.H. the sewer and drainage easements set forth in the executory Easement Deeds attached hereto as Exhibits 1 and 2 and i,zcorporated herein by this reference and agrees to execute, deliver and cause to be recorded such easement deeds. 2. PAYMENT W.I.G. and D.H. agrees to pay to HUNTINGTON BEACH the sur or Four Thousand Dollars (t4,000) within ninety (30) days of the execution of this agreement by HUNTINGTON BEACH. 3. REPAIR RIGHTS HUNTINGTON BEACH shall continue to have the right to maintain, repair, and replace any and all facilities owned by HUNTINGTON BEACH presently existing in the easement areas, Mien maintaining, repairing or replacing such facilities, HUOTINGTOU BEACH shall not be responsible for any coats or expenses of removing or relocating the sewer or drainage facilities installed by W.I.G, and _ H. in the easement areas, provided that such removal or relocation is reasonably necessary in light of such repairs, maintenance, or replacement by HUNTINGTON BEACH, and provided that such repair, maintenance or replacement is conducted in a reasonable manner and causes minimal disturbance to the sewer and drainage facilities installe- y W.I.G. and D.H. in the easement area, 4. INDEMNIFICATION, DEFENSE, HOLD HAPMLESS W.I.G. and D.H. each hereby agree to protect, defend, indemnify and hold and save harmless HUNTINGTON BEACH, its officers, agents and employees against any and all liability, claims, judgments, costs, suits, and demands, however caused, arising directly or indirectly out Af the use by W.I.G. and D.H. of the easements granted hereunder (including but not limited to the construction, installation, maintenance, repair or replacement of the server or drainage facilities) regardless of the active or passive nature of any negligence by HUNTINGTON BEACH, save and except such liability claims, judgments, casts, suits and demands which ari,�;e but of the sole negligence or sole willful misconduct of HUNTINGTON BEACH. W.I.G. and D.H. will defend any such suits at the sole cost and expense of W.I.G. and D.H. when requested. by HUNTINGTON BEACH and any costs of defense or attorneys` fe(.3 incurred by HUNTINGTON BEACH in enforcing this obligation will be reimbursed to HUNTINGTON BEACH or may be awarded to HUNTINGTON BEACH by _, court c,- competent jurisdiction. 5. NON -ASSIGNABILITY ` W.I.G. ai D.H. ahall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of HUNTINGTON BEACH, provided however, that in no event shall the limitation set forth in this Paragraph 5 he deemed or construed as preventing or precluding the easements to which this agreement relates from being or becoming a covenant running with the land, and fully enforceable against W.I.G., D.H., HUNTINGTON BEACH, and their respective agen,s, administrators, successors and assigns. 6. CITY EMPLOYEES AND OFFICIALS W.I.G. and D.H. shall employ no HUNTINGTON BEACH officials nor any regular HUNTINGTON BEACH employee in the construction or installation of the sewer or drainage facilities. In accordance with California Government. Code Sections 1090 et seq., but subject to the exceptions therein set forth, no HUNTINGTON BEACH official or employee shall be financially interested in nor derive any financ'.al benefit, either directly or indirectly, from this Agreement. . ATTORNEYS, FEES If any action at law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitle: to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other, relief to which that party may be entitled. 8. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 9. ENTIRETY The foregoing 7:epresents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the clay, month and year first above written. CITY OF HUNTINGTON BEACH, A municipal corporation 41,g V. � Mayor APPROVED A TO FORM: ATE rector of Public WESTMINSTER INVESTMENT GROUP, A Calif or,'a General Partnership General ,P rtner, Kenneth-T. "Howe .-6/. I�- i General Partner, Vlilliam D. Ross II DAYTON HUDSON CORP PATION A Idinnesot or o at'on i3y AT --ST : S;Sttam !' rii:a Its- A City Clerk REVI AND APP, O,D: Ci �so RE a Ask L] STATE OF Minnesota ) )SS COUNTY OF Hennepin ) On this day of 19 before me, a Notary Public within and f r said County, personally appeared Jack D. Fontaine and William P. Hise to me personally known, being each hr me duly sworn, did say Sr: Vice President that thev are respectively the Target, Sore Division and Asst. SpSr .ary Of _ Day on HMAO ! Corpnritinn , and that said i.^.strument was signed in behalf of said corpor:atioz by authori tv of its Board. of Directors and Jack D. Fontaine and William, P. Rise acknowledged said instrument to be the free act and deed of said corporation. erMN�M�M+��A,�h411444\N�AMMM•ti�' i _ '�i E?:!'t (i•i. COt S IANC�E q {s���yy I:0?r.,Z•1 r"":� :• .t �� s ti':�'Cr.FCI COGi+Tf ASY CO:.tt�•': t;cS JUP:E ?, 157i No terry ffi N�VvwWN^ hti^r'VY^/V`n'�^'wv° City of Huntington Beach UU.—JJLFI I C Office of the City Clerk M ECORDS OFIFORNIA WHEN RECORDED RETURN T0: City of 'Westminster b'96 Office of the City Clerk 8200 Westminster Avenue coUNTYRELOROER Westminster, CA 92683 MAIL TAX STATEMENTSTO: EXEMPT City of Westminster (115 rater Line Easement Name of Easement A.P. No, '!�`3� 3 Q•+r'� E A S E M E N T D E E D For valuable civ ideration, receipt of which is hereby acknowledged, the City of Huntington Beach, a Municipal Corporation grants to the City of Westminster, a C Municipal corporation, a perpetual easement and right-of-way for water pipe lines 4 and incidental purposes in, on, over and under all that real property in the City of Westminster, County of Orange, State of California, described as follows: Beginning at the southeast corner of Parcel 5 of Parcel Map No. 85-137 recorded in Book 201., Pages 27-29, of Parcel. Maps, in the County of Orange, State of California.; thence along the easterly boundary of said Parcel N 000 19105" E, 169.02 feet to the TRITE POINT OF BEGINNING; thence S 890 40155" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 129, Pages 12--16 o Miscellaneous Maps, in the County of Orange, State of California; thence along the westerly boundary of said Tract N 000 19105" E, 15.00 feet; thence N 890 40155" W, 20.00 feet to the easterly boundary of Parcel 5 of said Parcel Map; thence S 000 19'05" H, 15.00 feet to the true point of beginning. See attached Exhibit "A" Dated 8L. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Address STATE Or CALIFORNIA ) CITY OF HUNTINGTON BEACH A MUNICIPAL CORPORATION Mayor �- 2K,. .� City Clerk SS COUNTY OF ORANGE On thi_R _Q 1#4� 01 day of 144 . before me. a N ary Pub1 c in and for said County and State, personally appeared. y` T9. , known to me to be the Mayor and Ah#,tJ, known to me to the City Clerk of the Cfty of Huntington Beach, the municipal corporation that executed the within instrument, known to me to the the pers->ns who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. This dcaw.ent is solely for the official c^ the City plated cn-c: C. i,�-0 APPPOVED AS FO, Sea. 6103 and shwald bo recorded GAi; i:�'� i " fitttorney free of eharge. By. Dapl; /l 4 y -t rney xj°`r '., H NE EASEMENT AGREEMENT BETW... %TY' OF HUNTINGTON BEACH ffD THE _x VESTMINSTER -- ?PACT NO. 3494 THIS AGREEMENT is made and cantered into on this day of 1986, by and* between the CITY OF HUNTINGTON a municipal corporation of the State of California, hereinafter referred to as "HUNTINGTON BEACH" and the CITY OF WESTMINSTER, a municipal corporation of the State of California, hereinzater referred to as "WESTMINSTER". idHEREAS, WESTMINSTER desires to obtain the dater line easement net forth in the executory Easement Deec,attbc:hed hereto as )Zxhibit No. 1: and WHEREAS, HIMINGTON BEACH desires to grant said easement- NOW, THEREFORE, in consideration of the ;promises and agreements hereinafter made and exchanged, the partie3 covenant and Agree as follows: 1. EASEMENT HUNTINGTON BEACH agrees to grant to WESTMINSTER the water line easement set forth in the executory Easement Dged attached hereto as Exhibit No. 1 and incorporated herein by this reference. 2. PAYMENT WESTMINSTER agrees to pay, to X"I JNTINGTAN BEACR the eum of Two Thousand Dollars ($2,000) -within ninety (90) days of the execution of this agreement by HUNTINGTON BEACH. 3. REPAIR RIGHTS' HUNTINGTON BEACH shall continue to have the right to maintain, repAir, and roplaoe any and all facilities owned by ::534 ! 1 1 . WESTMINSTER shall not sell, assign, transfer, convey or encumDer this Agreement, or any pert 'hereof, or any right or duty created 'herein, without the prior written consent of €4UNTINGTON BEACH. 6. CITY EMPLOYEES AND OFFICIALS WESTMINSTER shell employ no HUNTINGTON BEACH officials nor any regular VWG"ON BEACH employee in the construction or installation of the water line facilities. In accordance with S California Government Code Sections 1090'et'si%q., but subject to the exceptions therein set forth. rio HU.NTINGTOta' AZhCH official or employee shall be financially interested in not derive any financial benefit , eithor directly air indirectly, from this Agreement. 7. ATTORNEY' S FEES If any action of lace or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relies to which that party may be entitled. S. CA, PT IONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions !:�f this Agreement. 3. y 653l1 HUNTINGTON BEACH presently existing in the easement apen. When maintaining, repairing or replacing such facilities, HUN`I'INGinN BEACH shall not be responsible for any costs or expenses of removing or relocating the water line facilities installed by the undersigned in the easement area, provided that .such removal or relocation Is reasonably necessary its light of such repaair%, maintenance or replacement by HU14TINGTON BEACH, and provided that such repair, maintenance or replacement' in conducted in a. reasonable manner and causes minimal disturbance of the sewer and drainage facilities instaslle� by the undersigned. id the easement area. 4. INDEMNIFICATION, DEFENSE, 'HO*M Hk MIES!; WESTMINSTER hereby agrees to protect, defend, indemnify and hold and save*harmless HUNTINGTON BEACH, it officers, aggntLm and employees against any and all liability, claims, judgments" costs, suits, and demands, however caused, arising directly or indirectly out of the use of the easement granted hereunder (including but not limited to the construction, installation,, maintenance, repair or replacement of the -water line facilities) regardless of the active or passive'nature of .any negligence by HUNTINGTON BEACH, save and except those which arise out of the sale negligence or sole -willful misconduct of HUNTINGTON BEACH- WESTMINSTER will defend any such snits at the sole cast and expense of WESTMINSTER when req uested equested by HUNTINGTON BEACH, and any costs of dofense or attorneys ` fees incurred by HUNTXVGTON BEACH .in enforcing thi.,c obligation will be reimbursed to HUNTINGTON BEACH or may be awardea to HUNTINGTON BEACH by a (:curt of compa dent jur issdictic ts. �;a 9.. ENTIRETY The foregoing represents the entire Agreement between they parties. IN WITNESS WHEREOF, the parties hereto bave caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH, A municipal corporation APPRCVZD AS TO FORM: Katy Attu ey L AND PROVED: irector of vunaac worKs CITY OF WESTMINSTER, A munictgal corporation APPR9VED AS :T� FORH-. tto ey ,TED AND APPROV=7.. 'Director u a ores ATTEST: �l er FXVIEWED PROVED% Is Dated: March 11, 1986 t TRANSMITTAL TO: C:itv of Huntington Beach DATE: November 25, _ 1986_ Dpnt. of Public Works PROJECT' MOO Main Street Pavilion FRuntinatnn Rench, CA 92648 ATTN: Rill Pali off SUBJECT: E; aement Deeds THE FOLLOWING ITEMS ARE TRANSMITTED: HEREWITH tl ❑ One (1) original sewer easement deed One (1) original drainage easment deed THE ABOVE ITEMS ARE TRANSMITTED: AT YOUR REQUEST ❑ FOR YOUR INFORMATION 0 FOR YOUR REVIEW ❑ ❑ REMARKS: William R. Dettelbach, Construction Manager Westminster Investment Group Major Projects, Inc. Bank of California Building 1401 Dove, Suite 300, Newport Beach, California 92660 (714) 476-0611 Office of the City Clerk WHEN RECORDED RETURN TO: ! Im. N'. Dettel bach 11estninster Investment Croup 1401 Dove Suite 300 Newport Beach, CA 92660 MAIL TV STATEMENTS TO: Westminster Investment Group 1401 Dove St. #300 Newport Beach, CA 92660 86y534110 EXEM7 C15 RECORDED IN OFFIUAL RECORDS OF ORANGE COUNTY CALIFORNI� -A on Pik NOV 6'86 RECORpEP. Drainage Easement Name of Easement A.P. No. f0ry-Aj0-q7 E A S E M E N T D E E D For valuable consideration, receipt of which is hereby acknowledged, the City of Huntington Bach, a Municipal Corp,)ration grants to the Westminster � Investment Troup, a Califo-rnia General Partnership (W.I.G.) and Dayton Hudson, a Minnesota corporation (D.H.) a perpetual easement and right-of-way for the installation, construction, maintenance, repair and replacement of drainage facilities and incidental purposes in, on, over and under all that real property situated in the City of Westmiapt� , County of Orange, State of California, described as follows: Beginning all the southeast corner of Parcel 5 of Parcel Map No. 85-137 recorded in Book 201, Pages 27-29, of Parcel Maps, in the County of Orange,. Stare of California; thence along the easterly boundary of said Parcel N 000 19105" E, 127.53 feet to the TRUE POINT OF BEGINNING; thence S 890 40155" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 129, Pages 12-•16 of Miscellaneous Maps; thence along the westerly boundary of said Tract N 000 19'05" E, 15.00 feet; thence N 890 40155" W, 20.00 feet to the easterly boundary of said Parcel; thence S 000 19'05" k 15.00 feet to the true point of beginning (Pictorially depicted in Exhibit A attached hereto and incorporated Aerein). The easement granted pursuant to this Easement Deed is., and in all events shall be deemed and construed to be, a covenant running with the property identified on the aforementioned Parcel Map 85-137 and the property owned by the City of Huntington Beach, a portion of which includes the Easement Area, binding upon insuring to the benefit of the City of Hu'atington Beach, W.I.G. and D.H. and their respective grantees, successors a,._ assi,;ns. Dated this �12 IV 44 day of , 198r CITY OF HUNTINGTON BEACH �s A MU�NIC�yIPAL CORPORATION Dated °�' ` C,� t�iri:i ?. W,__- j -J- This document is solely for the Mayor official business of the City (/ of Huntington Beach, as contem- plated "nder Government Code City Clerk See. 6103 and should be recorded free of ehar-A. STATE OF C9i•IFORNIA ) SS COUNTY OF ORANGE ) On this day of ,� 19P( , before me, a Notary Public in and for said CountylbDd State, perscnally appeared d.6 41, 7,*_ known to me to be the Mayor and k!,CA M. Wt d&0%_3 knotrn to me to the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to the the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. ppQsiE 0 FORM:l iL R7 N`, tY . aW ey' D _ tti Gig. rtornc 7 e.;. EXHIBIT "A" 86-53 1 U o, N 89• ao' S5' 1�J , 2ti,c0' T Im 00, IC) 05 15.00' r5.0a• S S9"40' 55" E 20.00' Tv"-aG4 1�0. Jsd r N dl 2o' z c� c�e, Sb Jry Z, s. QQ ORIGINAL --534110 AGREEMENT FOR SEWER AND DRAINAGE EASEMENTS WITH THE WESTMINSTER 114VESTMENT GROUP, AND DAYTOU-HUDSON -- TRACT NO. 3494 THIS AGREEMENT is made and entered into on this 451- �Iay 1986, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "HUNTINGTON BEACH" and the WEST6IINSTER INVESTMEUT GROUP, a California general partnership, hereinafter referred to as "W.I.G." and Dayton Hudson, a corporation, hereinafter referred to as "D.H.". W- EREAS, W.I.G. any? D.H. desire to obtain the sewer and drainage easements set forth ir. the executory Easement Deeds attached hereto as Exhibits 1 and 2; and WHEREAS, HUNTINGTON BEACH desires to grant said easements; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as foiiows: 1. EASEMENTS HUNTINGTON BEACH agrees to grant to W.I.G. and D.H. the sewer and drainage easements set forth in the executory Easement Deeds attached hereto as Exhibits 1 and 2 and incorporated herein by this reference and agrees to execute, deliver and cause to be recorded such easement deeds. 2. PAYMENT W.I.G. and. D.H. agrees to pay to HUNTINGTON BEACH the sum of Four Thousand Dollars ($4,000) within ninety (SO) days of the execution of this agreement by HUNTINGTON BEACH. 3. REPAIR RIGHTS HUNTINGTON BEACH shall continue to have the right to -... j maintain, repair, and replace any and all facilities owned by HUNTINGTON BEACH presently existing in the easement areas. When maintaining, repairing or replacing such facilities, HUNTINGTON BEACH shall not be responsible for any costs or expenses of removing or relocating the sewer or drainage facilities installed by W.I.G. and D.H. in the easement areas, provided tr.at such removal or relocation is reasonably necessary in light of such repairs, maintenance, or replacement by HUNTINGTON BEACH, and provided that such repair, maintenance or replacement is conducted in a reasonable manner and causes minimal disturbance to the sewer and drainage facilities installed by W.I.G. and D.H. in the easement area. 4. INDEMNIFICATION, DEFENSE, HOLD HARMLESS W.I.G. and D.H. each hereby agree to protect, defenC, indemnify and hold and save harmless HUNTINGTON BEACH, its officers, agents and employees against any and all liability, claims, judgments, costs, suits, and demands, however caused, arising directly or indirectly out of the use by W.I.G. and D.H. of the easements granted hereunder (including but not limited to the construction, installation, maintenance, repair or replacement of the sewer or drainage facilities) regardless of the active or passive nature of any negligence by HUNTINGTON BEACH, save and except such liability claims, judgments, costs, suits and demands which arise out of the sole negligence or sole willful misconduct of HUNTINGTON BEACII. W.I.G. and R.H. will defend any such suits at the sole cost and expense of 1I.I.G. and D.H. when requested by HUNTINGTON BEACH, and any costs of defense or attorneys'fees incurred by HUNTINGTON BEACH in 86-53411 enforcing this obligation will be reimbursed to HUNTINGTON BEACH or may be awarded to HUNTINGTON BEACH by a court of competent jurisdiction. 5. NON -ASSIGNABILITY W.I.G. and D.H. shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of HUNTINGTO_3 BEACH, provided however., that in no event shall the limitation set forth in this Paragraph 5 be deemed or construed as pzeventing or precluding the easements to which this agreement relates from being or becoming a covenant running with the land, and fully enforceable against W.I.G., D.H., HUNTINGTON BEACH, and their respective agents, administrators, successors and assigns. 6. CITY EMPLOYEES AND OFFICIALS W.I.G. and D.H. shall employ no HUNTINGTON BEACH officials nor any regular HUNTINGTON BEACH employee in the construction or installation of the sewer or drainage facilities. In accordance with California Government Code Sections 1090 et seq., but subject to the exceptions therein set forth, no HUNTRIGTON BEACH official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 7. ATTOMEYS' FEES If any action at law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relief to J867534110 which that party may be entitled. S. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 9. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH, WESTMINSTER INVESTMENT GROUP, A municipal corporation A California General nership Mayor General ,P tner, Kenneth T. :iowe APPROVED AlTO FORM: General Partner, William D. Ross II DAYTON HUDSON CORP RATION City Attofney A 14innesot or o at' on IN IATED AN OVED: Director of Public Works , •.--� ; 'FctS; yATTEST: :; �ll.l•m`t' .i;ea Its, - City Clerk REVi D APP CV D: Ci dminis a i, i9� .:1C 'CR Fk.i.,f'i��,` {.f L.,�u i.�.:. 1;i .l' «5 � F. 1 �l -.t• .. 4•' STATE Or X,innesota ) )SS COUNTY OF Hennepin ) On this day of LLj-'.k 1 19a.. , before me, a Not=_: Public within and f r• said County, personally appeared Jack D. Fontaine and William P. Hise to me persor.a'ly known, being each by me dully siorn, did say are respectively the Sr: Vice President, that they and _ �',�ra S :arPs Oi vi stnn Asst. Secretary of DpytQn�udson CorporAtinn and that said i^strument was signed in behalf of said corporatan by authority of its Board of Directors and Jack D. Fontaine and Willian P. Hise acknowledged said ins -ru_-ment to be the free act and deed of said corporation. a7.NU.MPF�nn.htiwV�VN,'v�MMrr11iM.� DL?D� Notary r ZtV1v�^/tiyNv'tJJ.hW�VVVti'�YV�M��''�'� � 8 3434110 STATE OF Minnesota ) )SS COUNTY OF 'ennepin ) On this .u�;�� day of c , 15, before me, a Notary Public within and f r said County, personally appeared Jack D. Fontaine and William P. Hise to me persona;ly known, being each by me duly sworn, dbsay Sr Vice President,T that they are respectively the apt StnrPS Diyi!jjon and Asst. Spc el rY of Dayton H(Idsnn rnrnnrrifinn i and that said instrument was signed in behalf of said cor?oration by authority of its Board of Directors and Jack D. Fontaine and William P. Hise acknowledced said instrument to be the free act and deed of said corporation. c MMWN7V�hV��h,4�.'�`hVIMAM.�/tM.� ISO$ � j2< � Notzry Puo Y '\ Et N'�NwvW`^nM✓�tilhtiMl�NVMNW�J'F ' `- WHEN RECOROEB RETURN TO: Westminster Investment Group '1401 Bove St. Suite 300 c `mac Gi I � f:E°"c' w Newport Beacf), CA 9266u EXEMPT MAIL TAX STATEMENTS TO ABOVE C15 Sewer Easement Name of Easement A.P. No. -V7 E A S E M E N T D E E D For valuable consideration, receipt of which is hereby acknowledged, the City of Huntington Beach, a Municipal Corporation grants to the. Westminster Investment Group, a Califor•da General Partnership (W.I.G.) and Dayton Hudson, # a Minnesota corporation (D.d.) a perpetual easement and right-of-way for the ` installation, construction, maintenance, repair and replacement of sewer facilities and incidental purposes in, on, over and under all that real property situated in the City of Westminster, County of Orange, State of California, described as follows; Beginning at the southeast corner of Parcel 5 of Parcel Map No. 85-137 recorded in Book 201, Pages 27-29, of Parcel Maps, in the County of Orange, State of California; thence along the easterly boundary of said Parcel N 000 19105" E, 154.02 feet to the TRUE POINT OF tIEGINNING; thence S 890 40'55" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 129, Pages 12•-16 of Miscellaneous Maps; thence along the westerly boundary of said Tract N 000 19`05" E, 15.00 feet; thence N 890 40'55" W, 20.00 feet to the easterly boundary of said Parcel; thence S 000 19'05" W, 15.00 feet to the true point of beginning (Pictorially depicted in Exhibit A attached hereto and incorporated herein). The easement granted pursuant to this Easement Deed is, and in all events shall be deemed and construed to be, a covenant running with the property identified on the aforementioned Parcel Map 85-137 and the property owned by the City of Huntington Beach, a portion of which includes the Easement Area, binding upon insuring to the benefit of the City of Huntington Reach, W.I.G. and D.H. and their respective grantees, successors and assigns. Dated this �h day of 1986. CITY OF HUNTINGTON BEACH A MUNICIPAL CORPORATION n Dated 2"ty-86 �" .^. .-k- Mayor 1k. City Clerk STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) On this 2 yA day of r , 19P6. , 'before me, a Notary Pub is in and for said County and State, personally appeared 27- ,A?"� j� , known to me to be the Mayor and __ taa - !3/�nrt+ ,. known to me to the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within -Lnstr_ument, known to me to the the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. APPROVED A5 0 F :! uAlL FiUT 0 C 1�ttarnesr This document is solely for the By; Attor'n'Official bunino ,s of the City Of Runtlnnto;i to .7. , as 00ntem.. Plated ia..'er Cv;^erst Coca Sea. 6103 and s1loald be racordc , frets of zharge. FXT4T-RTT "A" ORIGINAL AGREEMENT FOR SEWER AND ORAINkGE EASEMENTS WITH THE WESVIINSTER INVESTMENT GROUP, AND DAYTON-HUDSON -- `1 Q,ACT NO. 3494 THIS AGREEMENT is made and entered into on this day f r of 1.9B6, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "HUNTINGTON BEACH" and the WESTMINSTER INVESTMEUT GROUP, a California general partnership, hereinafter referred to as "W.I.G." and Dayton Hudson, a corporation, hereinafter referred to as "D.H.".. WHEREAS, W.I.G. and D.H. desire to obtain the sewer and drainage easements set forth in the executory Easement Deeds attached hereto as Exhibits 1 and 2; and WHEREAS, HUNTINGTON BEACH desires to grant said easements; NOW, THEREFORE, in consideration of the promises and agreements hereiaa€ter made and exchanged, the parties covenant and agree as foilo%s: 1. EASEMENTS HUNTINGTON BEACH agrees to grant to W.I.G. and D.H. the sewer and drainage easements set forth in the executory Easement Deeds attached hereto as Exhibits 1 and 2 and incorporated herein by this reference and agrees to execute, deliver and ,pause to be recorded such easement deeds. 2. PAYMENT W.I.G. and D.H. agrees to pay to HUNTI14GTON BEACH the sum of Four Thousand Dollars ($4,000) within ninety (90) days of the execution of this agreement by HUIITINGTONBEACH. i 3. REPAIR RIGHTS HUNTINGTON BEACH shall continue to have the right to maintain, repair, and replace any and all facilities owned by HUNTINGTON BEACH presently existing in the easement areas. when maintaining, repairing or replacing such facilities, HUNTINGTON BEACH shall not be responsible for any costs or expenses of removing or relocating the sewer or drainage facilities installed by W.I.G. and D.H. in the easement areas, provided that such renoval or relocation is reasonably necessary in light ox such repairs, maintenance, or replacement by HUNTINGTON BEACH, and provided that such repair, maintenance or replacement is conducted in a reasonable manner and causes minimal disturbance to the sewer and drainage facilities installed by W.I.G. and D.H. in the easement area. 4. INDEMNIFICATION, DEFENSE, HOLD HAP LESS W.I.G. and D.H. each hereby agree to protect, defend, indemnify and hold and save harmless HUNTINGTON BEACH, its officers, agents and employees against any and all liability, claims, judgments, costs, suits, and demands, however caused, arising directly or indirectly out of the use by W.I.G. and D.H. of the easements granted hereunder (including but not limited to the construction, installation, maintenance, repair or replacement of the sewer or drainage facilities) regardless of the active or p:Lssive nature of any negligence by HUNTINGTON BEACH, save and except such liability claims, judgments, costE, suits and demands which arise out of the sole negligence Qr sore willful misconduct of HUNTINGTON BEACH. W.I.G. and D.H. will defend any such suits at the sole cost and expense of W.I.G. and B.H. when requested by HUNTINGTON BEACH, and any costs of defense or attorneys,' fees incurred by HUNTINGTON BEACH in M enforcing this obligation will be reimbursed to HUNTINGTON BEACH or may be awarded to HUNTINGTON BEACH by a court of competent jurisdiction. 5. NON -ASSIGNABILITY W.I.G. and D.H. shall not sell, assign, transfer, convey or encumber this Agreeme^t, or any part hereof, or any right or duty created herein, without the prior written consent of HUNTINGTON BEACH, provided however, that in no event shall the limitation set forth in this Paragraph 5 be deemed or construed as preventing or preclud-ng the easements to which this agreement relates from being or becoming a covenant running with the Land, and fully enforceable against W.I.G., D.H., HU14TINGTON BEACH, and their respective agents, administrators, successors and assigns. 6. CITY EMPLOYEES AND WFICIALS W.I.G. and D.H. shall employ no HUNTINGTON BEACH officials nor any regular, HUNTINGTON BEACH employee in the construction or installation of the sewe-r or drainage facilities. In accordance with California Government Code Sections 1090 et seq., but subject to the exceptions therein set forth, no HUNT114GTON BEACH official or employee shall be financially interested in nor derive any financial benefit, either directly or indirectly, from this Agreement. 7. ATTORIZEYS' FEES If any action at law or in equity becomes necessary to enforce or interpret the teams of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to any other relief to 41i� which that party may be entitled. 8. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in. no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 9. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CITY OF HUNTINGTON BEACH, A municipal corporation Mayor APPROVED I TO FORM: y INI.TIATED WESTMINSTER INVESTMENT GROUP, A Cali far is General Partnership General ,P rtner, Kenneth T. Howe General Partner, William D, Ross iI DAYTON HUDSON CO RP RATION A Minnesot or.o at'on Director of Public YorksBy 1 '( ATTEST: i�l.cnr�t' ti sa I ts: City Clerk � RMj EVI AiVD API' C�V D: Ci dminis ` o 86:-:5341 t l STATE OF %Iinnesota j }SS COUNTY OF-'nnepin ) On this day of 19 L, before me, a Nota_••� Public within and f r said County, personally appeared Jack D. Fontaine and William P. Hise t^ me personally known, being each by me duly sworn, did say Sr. Vice President that thev are respectively the Tarapf Stn^Mvis as ion a-nd Azst. Sew et.ry OF _ Day -ton FUdl-orporati n znc that said _:strument was signed in beaallf of' said. cor:)orat-on !�-v autho__ty of its Board of Directors and Jack D. Fontaine and. William P. Rise acknowledged said instrument to ca the free acc and deed of said corcoration. a�.tM/MJNJN.V.�n.\b•+h.tinMA/v1M1h= ` 4P,�rO EVVI CON'STANCE.a `i f vi h;y• i Notc`"*r Pub > � r 3t 4e'�vYIW`Nl+Vv'.YNvYVLh'VYVV WW a .r REQUES10OR CITY COUNCILWTION 0 Date January 15, 1985 Submitted to: Honorable Mayor and City Council 4 cGr Submitted by: Charles W. Ttympson, City Acininistra { { 0 Prepared by: Paul E. Cook, Director of Public Wore Subject: Sewer, Water Line and Drainage Easerreant ov Consistent with Council Policy? [Xl Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: StataTent of Issue: L7 order for the developer to proceed with the construction of sewer, water and drainage facilities at the northeast corner of Beach Boulevard and Heil Avenue, the developer is recasting the City to approve the attached easements across City- owned property. Recamendation: Approve and execute the sewer and drainage easenents to the Westminster Tmvestrent: Group and the water easemnt to the City of Westminster contingent upon entering .i.r o a written agreen-ent with the City of Westminster and Westminster Tnvestzrent Group, defining the costs due the City of Huntington Beach for use of the property and also the right of the City of Huntington Beach to use the gra'`, ease mnts for The repair of the Huntington Beach facilities. e City Cleric shall hold the easements and not record there until the agreement is finalized. Analysis: The Westminster Investment Group is constructing a shopping center within the City. of Westminster located at the northeast corner of Beach Boulevard and Heil Avenue. They have to cross a 20.00 foot wide strip of property owned by the City of Huntington Beach in order to tie their sewer, water and drainage facilities into their Wells Road facilities. The City of Huntington teach currently has a sewer and store drain line within the 20.00 foot strip of property. The proposed facilities will have no effect on our facilities. FundinS[ Source: bdone Alternative Action: Do not approma- ease:rrent which would have an adverse effect cn shopping center. Easement deeds and plot map. Ll 11 Right-of-way No. ame o asement A.P. No. Date. - E A S E M E N T D E E D For valuable consideration, receipt of which is hereby acknowledged, grants to the Westminster Investment Group, a California General Partnership, a perpetual easement and riqht-of-way for sewer pipe lines and incidental purposes in, on, over and under all that real property situated in the City of Westminster, County of Orange, State of California described as follows: Beginning at the southeast corner of Parcel 5 of Parcel b(ap 85-137 recorded in Book 201, Pages 27-29, of Parcel Maps, in the County of orange, State of Californiat thence along the easterly boundary of said Parcel N 00°19'05" E, 154.02 feet to the TRUE POINT OF BEGINNING; thence S 89°40`55" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 1.29, Pages 12-16 of Miscellaneous Maps; thence along the westerly boundary of said Tract N 00019'05" E, 15.00 feet; thence N B9040'55" W, 20.00 feet to the easterly boundary of said Parcel; thence S 00019'05" W, 15.00 feet to the true point of beginning. See attached Exhibit "A" Dated: Address ACFROvEn A5 To Fo1w. t CAIL 1i13TT011 City Attorney Ry Dejmt�ty Att*rvW CITY OF HUNTINGTON BEACH ayor City Clerk T------------------------------------------ STATE Of CALIFORNIA ) !This space for County Recorder's use only SS COUNTY OF ORANGE ) i On this day of 19 before me, the un erigned,, , a Notary Public of the State of California, personally appeared , i r r y known to me to be the persons who ; subscribed their names to the within instru;nent and acknowledged to me that they executed the same. , WITNESS my hand and official seal# Signature: i Notary PublIc for t e State o California. 1 i 0 1 ems, T - x+ page 13 - Council Minutes - 1/21/86 CONSFXT CAI.Uii - (IIM4S APPROVED) On motion by Kelly, second MacAllister, Council approved the following items, as recommended, with Councilmembers Mandic and Thomas abstaining from voting on the minutes, by the following roil call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of January 6, 1986 and the regular meeting of January 6, 1986 as written and on file in the Office of the City Clerk. Councilmembers Mandic and Thomas abstained from voting on the Minutes. C049RCLA% FILMING - PHOTOGRAPHY FEE SCHEDULE - RESOLUTION NO 5630 - ADOPTED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ffMINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 16)." PIERHEAD LINE RELOCATION - RESOLUTION NO .5631 - ADOPTED - rA RESOLUTION OF fHE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PIERHEAD LINES IN HUNTINGTON HAR.AOUR MAIN CHANNEL FOR CERTAIN LOTS IN TRACTS 5481 AND 8040. CONSTRUCTION OF VEHICLE LOOP DETECTORS REPLACEMENT - CC-687 - NOTICE OF COM PLETION - Accepted worm completed by Moore Electric Construction on the replacement of vehicle loop detectors at various locations for a total con- tract price of $18,833.26 and instructed the City Clerk to file a Notice of Completion. J SENATE BILL 300 EXPENDITURE AUTHORIZATION - Authorized the expenditure of 5,627.75 in SB 300 road maintenance funds and approved the transfer of said funds from the Gas Tax Fund balance, wherein they were deposited, into an expenditure account (743000) established for this purpose. S /WATE&TME/DRAMUGE- USEMENT BEACH BLVD & HUL -- WESTMINSTER INMT- KENT GROUP - CITY OF WESTMINSTER Approved and authorized execution of sewer and drainage easements to the Westminster Investment Group and water easement to City of Westminster contingent upon entering into a written agreement with the City of Westminster and Westminster Investment Group defining the costs due the City for use of property and ,also defining right of the City to use the granted easements for the repair of the Huntington Beach Facilities. sG POLICE OFFICES' ASSOCWION - RESOLUTION No 5611 AMPTED - "A. RESO- LUTION 01 THE CITY COUNCIL OF THE CITY OF B=LVGTON BEACH APPROVING ANC IMPLE)UNTING A KWHANDUM OF UNAEASTANDING WITH THE BUNTING= BEACH POLICE OFFICERS' ASSOCIATION." REQUEST*OR CITY COUNCILOCTION Date January 15, 1966 Submitted to: Honorable Mayor and Cite Council Submitted by: Charles W. Thomson, City Admiaistra -^r Prepared Y� red b Paul E. Cook, Director of Public Works ' r�- ?tip W Subject: Sewer, Water Line and Drainage Easement Cor:sistent with Council Policy? [xJ Yes [ I New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statenent of Issue: In order for the developer to proceed with the construction of sewer, water and drainage facilities at the northeast corner of Beach Boulevard and Heil Avenue, the developer is requesting the City to approve the attached eats across Ci t r- ct,nec property. Recaurn~ndation: Approve and execute the sewer and drainage easements to the Westminster Inestrent, Croup and the water easement to the City of Westminster contingent tenon entering into a written aareen-ent with the City of Westminster and Westminster 1nvestrrent Group, defining the costs due the City of Huntington Beach for use of the property and also the right of the City of Hunt ngton Beach to use t"ie granted easemnts for the repair of the Huntington Beach facilities. "The City Clerk shall hold the easements and not record them until the agreemnt is finalized. Analysis: The Westminster Invest rent Group is constructing a shopping center withir_ the City of Westminster located at the northeast corner of Beach Boulevard and Heil Avenue. They have to cross a 20.00 'L of wide strip of property owned by the City of Htu:ting-�,- Beach in order to tie their sewer, water and drainage facilities into their Wells Road facilities. The City of Huntington Beach cu:rreztly has a sewer and store drain line within the 20.00 foot strip of property. The proposed facilities will have no effect on our facilities. r undang Source: None Alternative Action: Do not approve easenent waich would have an adverse effect c:n shopping ceriter. Attaclmr-nts Easement deeds and blot nap. EXHIBIT "A" 14 ._ �......"r�`.-w��"+�n.kn"a`��'...�:...:ySK..,��r - �.,; R .a" '. '��'.t:.�`r' •- r iP .ir,::"'c. +.�,s' s, { C�'�a 'w �+v"e'.. r CITY OF 'Maustays asttoe%ay I UNTINGT01� PEd�Ck3 AEOtlt:ST FflO LEi{�� EI�i�ICirs / C44MV Ecr ca fsoa city aaa,euoosvatw 10J. i _wan eewto w", o4ow to "Mu s� _ .•ems � L3 .. r IDOM �t;T 10/29/86 City Cleri< City Clerk 1lI4=RUC'nOMSZ AW mr.,aa its 1A tlty Attsray's Office u warn as poutlt#e. Ririrat of "fasts nsssacy for City Attorr". Oast- tim bmft rcm=u for thsr ro*but. Attach all information and exhiWts pwtinent to the shins Type w Losal Swv=a Rises: t I Ordinwa k_4 { } Inauranca [ I Ottw ! t Raeclutsoas { } Bonds { 1 �sttrsciiP.�tsxaavaadtt t I Opinion All esiu6ats mu= bw stumhad, or this rsquen will he raturn,,d to you. t I Extemts Anachad I Please approved attached (3) easement deeds as to form. i` n Water Line Easement Right-of-way No. name o asement A.P. No. Date; E A S E M E N T D E E D For valuable consideration, receipt of which is hereby acknowledged, grant to the City of Westminster, a Municipal corporation, a perpetual easement and right-of-way for water pipe lines and incidental purposes in, on, over and under all that real property in the City of Westminster, County of Orange, State of California, described as follows: Beginning at the southeast corner of Parcel 5 of Parcel Map No. 55-137 recorded in Book 201, Pages 27-29, of Parcel .Maps, in the County of Orange, State of California; thence along the easterly boundary of said Parcel N O(PI9105" E, 369.02 feet to the TRUE POINT OF BEGINNING; thence S 8P 40'55" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 129, Pages 12-1.6 of Miscellaneous :Saps, in the County of Orange, State of California; thence along the westerly boundary of said Tract N 00019105" E, 35.00 feet; thence N 89°40'55" W, 20.00 feet to the easterly boundary of Parcel 5 of said Parcel Map; thence S 00019'05" W, 15.00 feet to the true point of beginning. See attached Exhibit "A" Dated: jo 1 PTIFp AS TO 700' rhiL wiTTOR City Attorney' By2r,tp City Attorney CITY OF 4WNTINsTON BEACH Mayor City Clerk T---------------------- •----------- i STATE OF CALIFORNIA ) !This space for County Recorder's use only SS COUNTY OF ORANGE ) ; On this day of i 19 , before me, the undersigned,` a Notary Public of the State of , California, personally appeared i known to me to be the persons who subscribed their names to the within instrument and acknowledged to me that they executed the same. `s WITNESS my hand and official seal: , Signature: i Notary Pubic for the.S o om California. s s r i , i i Aft Mr EXHIBIT "A" N B9°40'55" W 2n.0® ` 6 00' 19' 05'W - 15.00' 200o Traci Isle.3454 PM. 85-131 PM.S. 2o!!Z7- 29 N uj in ar I 0 z O.f For valuable consideration, receipt of which is hereby acknowledged, qrants to the Westminster Inves.;iient Group, a California General Partnership, a perpetual easement and right-of-way for drainage facilities and incidental purposes in, on, over and under all that real property situated in the City of Westminster, County of Orange, State of California described as follows: Beqinninq at the. southeast corner of Parcel 5 of Parcel Map 85-137 recorded in Book 201, Pages 27•-29, of Parcel Maps, in the County of Orange, State of California; thence along the easterly boundary of said Parcel N 00019'05" £, 127.53 feet to the TRUE POINT OF BEGINNING; thence S 89040'55" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded in Book 129, Pages 12-16 of Miscellaneous Maps; thence alonq the westerly boundary of said Tract N 00019'05" E, 15.00 feet; thence N 89°40'55" W, 20.00 feet to the easterly boundary of said Parcel; thence S 00019'05" W, 15.00 feet to the true point of beqinninq. U AS TO BORN: GAtU HUTTON SiLy ptturney^'' See attached Exhibit "A" ksy: nbp:stq C ty tt'zostte� CITY Of HUNTINGTON_BEACH Dated: Mayor City Clerk Address T---------------- -------------------------- STATE OF CALIFORNIA ) :This space for County? Recorder's use only SS , COUNTY OF ORANGE ) : On this day of ' 19 , be ore me, the undersigned, a Notary Public of the State of � California, personally appeared , : : i : s known to me to be the persons who , subscribed their names to the within instrument and acknowledged to me that they executed the same. : WITNESS my hand and official seal; Signature: Notary Pub c or t e tate o California. i i , , t : : i _ ply March 20, 1986 City of Westminster Civic Center 8200 Westminster Blvd. Westminster, CA 92683 - Attn: Mary Lou Morey, City Clerk Enclosed is a fully executed agreement between the City of Westminster and the City of Huntington Beach for the project north of Neil Avenue and east of Beach Boulevard. Water Line Easement Right-of-wa o. --Name o asement A.P. No. Date: E A S E M E N T D E E D For valuable consideration, receipt of which is hereby acknowledged, the City of` untington Beach, a Municipal Corporation grant to the City of Westminster, a municipal corporation, a perpetual easement and right-of-way for water pipe lines and incidental purposes in, on, over and under all that real property in the City of Westminster, County of Orange, State of California, described as follows% Aeginninq at the southeast corner of Parcel 5 of Parcel Map No. 95-137 recorded in Hook 201, Pages 27-29, of Parcel Maps, in the County of Orange, .tate of California; thence along the easterly boundary of said Parcel N DCP 19°05" E, 169.02 feet to the TRUE POINT OF BEGINNING thence S 89040155" E, 20.00 feet to the westerly boundary of Tract No. 3494 recorded. in Hook 129, Pages 12-16 of Miscellaneous Maps, in the County of Orange, State of California; thence along the westerly boundary of•said Tract N 000 19' 05" E, 15.00 feet; thence N 89° 4Q' 55" W, 20.00 feet to the easterly boundary of Parcel 5 of said Parcel Map; thence S•OOP 19'05" W, 15.00 feet to the true point of beginning. See attached Exhibit "A" Dated: City of Huntington Beach 2000 Main Street HWnjjng&p CA 9264A Address STATE OF CALIFORNIA SS COUM OF ORkNGE On this day of , 19 , be ore me, the undersigned, a Notary Public of the State of California, peraonally appeared mown to me to be the persons who subscribed their names to the within instrument and acknowledged to me that they executed the same. WITNESS sly hand and official seal; Signature - Notary PublIc for the State o California. At'f 907ED AS 10 FORM: r,AIL HUTTON City AttornOT Dyg y ilepuQ.y Clti� AtBaa�eop CITY OF HUNTINGTON BEACH ayor City Clerk :This space for County Recorder's use: onl e i 0 o a d 4 s c .q e 0 r E