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HomeMy WebLinkAboutFreeway Industrial Park, A California Corporation & HB Boardwalk, LLC, a Delaware Limited Liability Company - 2014-01-09 This Document w: Electronically recorded by City • tington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY ) I10Ifl1lllI lljll�I Jill Pu1II1IIillM11II11IIN0 FEE AND WHEN RECORDED RE TURN TO: l 2014000054454 10:03am 02/11/14 276 402 E02 F13 13 1).00 0.00 0.00 0.00 36.00 0.00 0.00 0.00 City Clerk ) City of Huntington Beach ) 2000 Main Street Huntington Beach. CA 92648 ) [Space above this line for Recorders use.] 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, Freeway Industrial Park, a California corporation and HB Boardwalk, LLC, a Delaware limited liability company, (hereinafter "GRANTOR''), hereby grants and conveys to the City of Huntington Beach, a municipal corporation of the State of California (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A and Exhibit B (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of GRANTOR in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying; constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. agree/city uide/special utility casement 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 q ` day of JANuM-( , 2014. GRANTOR CITY OF HUNTINGTON BEACH, FREEWAY INDUSTUTAL PARK, a municipal corporation of the State a California corporation of California By: J Ptk34LTE T tZ 11 eC--L Tb - 14 (print name) Director o P lic Works ITS: (circle one) Chairman/(Presiden ice President/Assistant Secret a ATTEST: City Cierk GRANTOR RSUANT TO RESOLUTION AU 20V329) HB BOARDWALK, LLC, APPROVED AS TO FORM: a Delaware Limited Liability Company By. V,, _ . (print name) 2 City Attorney ITS: (circle one) Chairman/Presiden ice Presiden Assistant Secretary REVIE D APPROVED: it City Manager (print name) ITS: (circle one) Secretary Chief Financial Officer/Asst. Secretary - Treasurer agree/city wide/special utility easement 3 NOTARY ACKNOWLEDGEMENT State of OALI Fb4NiA ) ,,����''rr County of C)PA ) SS 6 f ) On this 1 a I i L' before me, A l—Qsot l H 1 U--; K,51A,- L�, DA E NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTAY,PUBLIC �1 C personally appeared j A 4 ��'f�f1'L� D'l"t'k=�-�1,J'. 7 , NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the personkwhose name is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in-his/her/t r authorized capacity(ids);,and that by-his/her/their-signatureNon the instrument the persorN, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand d�- ALLISON HILL SIGNATURE 0-, _ Ile commission#199985, Notary Public in and for said State Notary Pumic-Calffornia Orange County I, <Qjpj M1 Comm.Expires Dec .2016 (NAME PRINTED) G:\Engineering Div ision\Hernandez\DEVELOPMENT\Water Easements\Edinger 7441(Boardwalk Apts)\New Notary Statement(03- 05-08)jrw.doc NOTARY ACKNOWLEDGEMENT State of ( kAw Fog-f\U711., ) ) SS County of Oi2w6y-r--� ) On this 14 114 before me, Aj,-USOIv 141 L-L—, K<P -FU$LAC., DATE NAME,TITLE OF OFFICER-E..G.,'JANE DOE,NOTARY PUBLIC personally appeared �1(km I V QK NAME(S)OF SI NER(S) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha ' SIGNATURE Notary Public in and for sai tate ALLISON HILL Commission*1999857 ti Notary Public-California LLAOrange County (NAME PRINTED) M Comm.Expires Doc 3.2016 G:\Engineering Division\Hemandez\DEVELOPMENT\Water Easements\Edinger 7441 (Boardwalk Apts)\New Notary Statement(03- 05-08)jrw.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0f2_Af6(_r On .:3-A-4111W14 17f Sri q before me, )—//UbA D to Here Insert Name and Title of thEf Officer personally appeared i6pu'll'"l e V M ATSCO jy+(� Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the personX whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAh y executed the same in his/he#theif authorized capacity{io, and that by his/he#their signatureo on the instrument the person(, or the entity upon behalf of which the personos acted, executed the instrument. LINDA S. WATSON 1 certify under PENALTY OF PERJURY under the laws Commission # 1916867 of the State of California that the foregoing paragraph is Notary Public -California z Drat s e Count D true and correct. y My Comm Expires Jan 9, 2015 WITNESS my hand and official seal. Signature _ "`����`' W Place Notary Seal Above 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing:. Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 c State of California County ofs [ � On before me, L Date Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) , who proved to me on the basis of satisfactory evidence to be the persordo whose nameCtji i rep subscribed to the within instrument and acknowledged to me that -he/sh foie� executed the same in hi /their authorized capaci ies , and that by #a�lFFeiri signaturECgy on the instrument the persotsy,) or the entity upon behalf of which the persor8pacted, executed the instrument. P.L.ESPARZA I certify under PENALTY OF PERJURY under the Commission*2032750 laws of the State of California that the foregoing =i Notary Public-California Orange County t paragraph is true and correct. My Comm.Expires Aug4.2017 WITNESS my ha and official seal. signature: -� Place Notary Seal Above Signature of Ncta6lPublic 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: �/AL Document Date: A0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2012 National Notary Association•NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC EASEMENT DEDICATION PARCEL A THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 10-007,RECORDED MAY 4, 2011 AS INSTRUMENT NO. 2011000225797 IN THE OFFICE OF THE ORANGE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINTE INTERSECTION OF EDINGER AVENUE AND GOTHARD AVENUE; THENCE EASTERLY ALONG THE CENTERLINE OF SAID EDINGER AVENUE SOUTH 8903223" EAST 190.06 FEET TO ITS INTERSECTION WITH A SOUTHERLY PROLONGATION OF A WESTERLY LINE OF SAID PARCEL 1; THENCE NORTHERLY ALONG SAID PROLONGATION NORTH 0°15'58" EAST 50.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID WESTERLY LINE, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL 1 NORTH 0015'58" EAST 42.68 FEET; THENCE SOUTH 89044'22" EAST 194.12 FEET; THENCE NORTH 0015'38"EAST 8.08 FEET; THENCE SOUTH 89044'22" EAST 4.71 FEET; THENCE NORTH 0015'38"EAST 3.75 FEET; THENCE SOUTH 8904422" EAST 11.17 FEET; THENCE NORTH 0015'38"EAST 101.62 FEET TO THE BEGINNING OF A NON TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID BEGINNING BEARS NORTH 69011'20" EAST; THENCE NORTHERLY ALONG SAID CURVE 16.83 FEET THROUGH A CENTRAL ANGLE OF 20057'52"; THENCE NORTH 59044'23" WEST 19.83 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 58.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 33.09 FEET THROUGH A CENTRAL ANGLE OF 32041'04" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 5.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 62056'43" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE 5.47 FEET THROUGH A CENTRAL ANGLE OF 62041'05"; THENCE NORTH 89044'22" WEST 9.02 FEET; THENCE NORTH 0015'38" EAST 475.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 3.14 FEET THROUGH A CENTRAL ANGLE OF 90000-00"; THENCE NORTH 8904422" WEST 257.07 FEET; THENCE NORTH 44044'23" WEST 18.38 FEET; THENCE NORTH 8904422" WEST 14.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 19.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 14.47 FEET THROUGH A CENTRAL ANGLE OF 43037'53" TO A POINT ON A LINE THAT IS PARALLEL WITH AND 44.00 FEET EASTERLY OF THE CENTERLINE OF GOTHARD AVENUE; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 00 15'58" EAST 48.49 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 19.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID BEGINNING BEARS NORTH 43052'16" EAST; THENCE EASTERLY ALONG SAID CURVE 14.46 FEET THROUGH A CENTRAL ANGLE OF 43036'38"; THENCE SOUTH 89044'22" EAST 14.56 FEET; THENCE NORTH 45015'38" EAST 9.90 FEET; THENCE SOUTH 89044'22" EAST 40.86 FEET; THENCE NORTH 0015'38" EAST 6.00 FEET; THENCE SOUTH 89044'22" EAST 288.60 FEET; THENCE SOUTH 0015'38" WEST 13.09 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 43.01 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 31°09'25" EAST; THENCE SOUTHERLY ALONG SAID CURVE 88.73 FEET THROUGH A CENTRAL ANGLE OF 118012'58"; THENCE SOUTH 0015'38" WEST 160.06 FEET; THENCE SOUTH 89044'22" EAST 3.40 FEET; THENCE SOUTH 23016'25" EAST 35.84 FEET; THENCE SOUTH 84004'49" WEST 12.78 FEET; THENCE SOUTH 0015'38" WEST 10.63 FEET; THENCE SOUTH 45015'38" WEST 2.93 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE 7.85 FEET THROUGH A CENTRAL ANGLE OF 45000'00"; THENCE SOUTH 0015'38" WEST 185.65 FEET; THENCE SOUTH 8904422" EAST 3.18 FEET; THENCE SOUTH 0015'38" WEST 39.52 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY,HAVING A RADIUS OF 10.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 19.67 FEET THROUGH A CENTRAL ANGLE OF 112042'22" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 22026'44" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE 109.92 FEET THROUGH A CENTRAL ANGLE OF 136054'35"; THENCE SOUTH 0015'54" WEST 98.12 FEET; THENCE SOUTH 89044'22" EAST 12.83 FEET; THENCE SOUTH 0015'38" WEST 12.50 FEET; THENCE SOUTH 8904422" EAST 147.89 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 1; THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY OF PARCEL I SOUTH 0015'47" WEST 44.79 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1 ALSO BEING A POINT ON A LINE PARALLEL WITH AND 50.00 FEET NORTHERLY OF THE CENTERLINE OF EDINGER AVENUE; THENCE WESTERLY ALONG SAID PARALLEL LINE NORTH 89032'23" WEST 455.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2.078 ACRES MORE OR LESS EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO: COVENANTS, CONDITIONS,RESTRICTIONS,RIGHT OF WAY AND EASEMENTS OF RECORD, IF ANY PREPARE"UNDER UPER ION OF: J LArr,� S GREGORY S BOP)GFIARD G RY S. BORCHARD, LS 7705 MY GISTRATION EXPIRES: 12/31/14 J, 7705 ��"OF CALIF���� INDEX MAP PARCEL 1 - - - - - - SHEET 3] PARCEL A i2.078 AC. f ( LLE.- 1"=120' ( I I I I LOT LINE ADJUSTMENT 110--007 ( Q SHEET 2 -) � I�vSr. NO, � 2011000225797, O.R. I I L - - - -� - � EDINGERAVE: - - - J EXHIBI T »E" SKETCH TO ACCOMPANY A LEGAL DESCRIP77ON FOR CITY OF HUN71NGTON BEACH PUBLIC EASEMENT DEDICA77ON PARCEL A SHEET 1 OF 3 SHEETS CONTAINING. 2.078 AC.f DECEMBER 11, 2013 UR120238 SEE SHEET 3 I + S00'1538"W 185.65' FAfiCEL W S894422"E 3.18' S00'15'38"W 39.52' 4®� d=112 42 22" ov- R=10.00' Z L=19.67' d=136 54'35" I QQQ N62f6'43"E C) R=46.00' N89 4422"W 9.02' L=109.92' ( P24 d=6241'OS" R=5.00' L=5.47' d=32'41'04" R=58.00' L=33.09' N950' Y 20*517 6 .N59442 9 SCALE: 1 =60' 752 0� ' N6532'10"W(R) L PARCEL A =1 '1 11 2078 AC,fN69It(6)" N Q) rid LOT Lll\lF" ADJUSTMENT 10--007 0 0 2011000225797, O.R. S89'44 22"E 11.17' Z � N00'15'38'E 3.75' S89 44 22 E 12.83' S8944 22"E 4.71, 00'15'38"W 12.50' #N89'32'23"W E 194.12'- N00 J5'38"E (N0039'35"W) 8.OS (N0039'35"W) N0075'58"E S00'15'47"W 42.68' 44.79' (N8932'04'E 455.47) 455.60'N00'1558"P.O.C. 50.oo � EDINGER AVE (N8932'0 E) c�+c�/n N8932 23'"W _`'v`/"' BASIS OF BEARINGS 190.06' ( ) INDICATES RECORD BEARING AND DISTANCE PER THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING EXHIBIT »� AS INSTRUMENT NO.LOT LINE NT NO. 10-007 201100022579 , O.R. RECORDED 5/4/11 BETWEEN TEA ONN ORANGE GPS NO. 51llR1 ANDUNTY RVEYORS GPS NO. 5126R1NTAL BEING CONTROL SKETCH TO ACCOMPANY NORTH 05 46'15" EAST PER RECORDS ON FILE IN THE OFFICE A LEGAL DESCRIP77ON FOR CITY OF HUN77NGTON BEACH OF THE ORANGE COUNTY SURVEYOR. PUBLIC EASEMENT DEDICA770N SHEET Z OF 3 SHEETS PARCEL A CONTAINING. 2.078 AOf DECEMBER 11, 2013 UR120238 ���� � a ro 9 44 2" 288.60' YI N45'15 38"E 9.90' S00'1�'3.09' 40 4 N00'15'58'E PARCEL A 44' 48.49' 2.078 AC.f d=t t 8'12'S8" N44 44 23'W R=43.01' 18.38' L=88.73' 2 NS 44 22 W 25Z 07 -40A a Oa' as p0 4ap 0 3 ci N N Q � SCALE.- 1"=60' Q � Q1 N c o' LOT LINE ADJUSTMENT 10--007 S23.16'25'E 35.84' S84 04'49"W 12.78' I S00'15'38"W 10.63' 000 I INST, NO. 2011 CJ00225797, O,R, aW � r � r '40' 2 v I EXHIBIT »�� SEE SHEET 2 SKETCH TO ACCOMPANY A LEGAL DESCRIPAON FOR CITY OF HUNTINGTON BEACH PUBLIC EASEMENT DEDICATION PARCEL A SHEET 3 OF 3 SHEETS CONTAINING. 2.078 AC..* DECEMBER 11, 2013 UR120238