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HomeMy WebLinkAboutFrostfire LLC - 2010-09-17This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY ) Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder AND WHEN RECORDED RETURN TO: ) City Clerk ) 11111111111111111111111111111111111111111111111111111111111111 NO FEE City of Huntington Beach ) 2010000539167 02:19pm 10/14/10 2000 Main Street ) 93 401 Al2 8 Huntington Beach, CA 92648 ) 0.00 0.00 0.00 0.00 21.00 0.00 0.00 0.00 Space above this line for Recorder's use. rl1 ��s S33 -o z This document is exempt from Y� recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged FROSTFIRE 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 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. CITY will provide written notice to GRANTOR seven (7) days in advance of entry to property for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. 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 10-2571/51732 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; and (c) 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. 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 on cl — ! -7 FROSTFIRE, LLC A California Limited Liability Company GRANT& By: print name ITS: (circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer 2010. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California — Director of Public Works ATTEST: City Clerk (PUR.5uAN770 RFsoLU'rloN . 2003-29) REVIEW D APPROVED: City Administrator APPROVED AS TO FORM: 'City Attorney (I 10-2571/51732 2 EXHIBIT "A" LEGAL DESCRIPTION WATER LINE EASEMENT BEING A PORTION OF PARCEL 1, AS SHOWN ON MAP FILED IN BOOR 84, PAGES 44 AND 45 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNED OF SAID PARCEL 1 SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1 SOUTH 89039' 16" WEST A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00039'56" EAST A DISTANCE OF 22.06 FEET; THENCE NORTH 89020'04" EAST A DISTANCE OF 10.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE NORTH 00°39'56" WEST TO THE TRUE POINT OF BEGINNING. EASEMENT AREA = 220.30 SQ. FT. (0.005 ACRES) MORE OR LESS SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD, IF ANY. LEGAL DESCRIPTION PREPARED BY: �10 LAND S, 41- 0�< �5_ W/ 91. KRIS R. WINCHAK, L.S. NO. 6240 DATE Y� No.6240 # FOF CAUF0� SHEET 10F2 EXHIBIT "B" AS DESCRIBED ON THE ATTACHED EXHIBIT "A" 17 AND BY THIS REFERENCE MADE A PART HEREOF SCALE 1"=100' cf) rn I ( I I I w 00� of w v 0 m U w I? M 0 I J�g IQ�0I F- z ( I I I I 22.50' 22.50' BASIS OF BEARINGS: 0 Lo PARCEL 2 AST LINE SECTION 16 T.5.S.R.11W N 000 39' 56" W 817.51' SPRINGDALE STREET N 000 39' 56" W SEE SHEET 2 OF 2 I I PARCEL MAP I BK. 84 PG. 44-45 I I BASED ON THE EAST LINE OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS BEING N 000 39' 56" W PER MAP RECORDED IN BOOK 84, PAGES 44-45 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA PARCEL 1 -3 LAN© S, IN W//v 70 NO. 6240 p i FOf CALIF " �� ✓jG w co o a) 00 ou w Z) z w Q z w 0 0 a w CU G SHEET 2 OF 2 N'ELY CORNER PARCEL1 ma S 890 39' 16" W 10.00, 14 II N I —i w w (0 a rn co I00 �z c� EXHIBIT "B" AS DESCRIBED ON THE ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF — SPRINGDALE STREET— — N 000 39' 56" W 0 N 00' 39' 56" W 361.22' u') 22.00' E? cli --- ----T R/W BASIS OF BEARINGS: N 890 20' 04" E �10' PUBLIC WALKWAY EASEMENT 10.00' PER GRANT DEED RECORDED 1216178 IN BOOK 12952 PAGE 1023 O.R. WLY. LINE OF 20' EASEMENT 0 = 900 19' 12" S 00* 39' 56" E TO SO. CALIFORNIA EDISON R = 52.00' 22.06' CO. PER DEED RECORDED IN L = 81.97' BOOK 6678, PAGE 922 O.R. LEGEND: PARCEL1 PARCEL MAP 84/44-45 PROPOSED WATERLINE EASEMENT DEDICATION T.P.O.B. TRUE POINT OF BEGINNING — -pl- — PROPERTY LINE — — — EXISTING EASEMENT LINE BASED ON THE EAST LINE OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 11 WEST AS BEING N 00' 39' 56" W PER MAP RECORDED IN BOOK 84, PAGES 44-45 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 5�D LAND 9U9 W N0 G�� JQ� ya No.6240 r ��/ SCALE 1"= 30' w D w Q Co Wz I a> o M \ Q 0(n0 \ 40' u- z c� �I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of D, On �� 17!1D(0 before me, D4A R­Os5 a t > '''I ?U 6 (_ t C_ Date I Here Insert Name and Titit of the Officer personally appeared 16 el A. 4li)` f S Name(s) of Signer(s) DAN ROSS `' ? Commission # :900938 Z Notary Public - California Z ' Orange County My Comm. Ex Tres Aug22, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(9)' whose name(sl is/ap subscribed to the within instrument and acknowledged to me that he/may executed the same in his/hoWtheir authorized capacity(ietl, and that by his/he#their signature(g) on the instrument the person(W, or the entity upon behalf of which the personacted, 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,.----_ -- l;A N, re1wr#) 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: Spexlled UTIL4-M 6ASeW eAf 4q r P-CmC11 Document Date: I (� 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 • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nal ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIG_ H_ TTHUMBPR_INT OF SIGNER •p of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa(Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California ) ss County of Orange ) On October 7, 2010 before me, P.L. Esparza, Notary Public for the State of California, personally appeared Joan L. Flynn and Travis Hopkins who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P L. ESPARZA Commission # 1857021 z • Notary Public - California z Orange County D My Comm. Expires Au 4, 2013 (Notary e) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated SEPTEMBER 17, 2010, from FROSTFIRE, LLC to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 12, 2010 CITY OF HUNTINGTON BEACH J0rNL.LYNN, C M C CITY CLERK g:/followup/deeds/deedcert2002.doc Govemment Code §27281 Sister Cities: Arljoacga*P6 Waitakere, New Zealand (Telephone: 714-536-5227