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HomeMy WebLinkAboutGARFIELD BEACH CVS LLC - 2006-08-21i II Recorded in Official Records, Orange County l Tom Daly, Clerk -Recorder RECORDING REQUESTED BY IIIII I IIIIIIIIII IIIIIII III IIII IIIII III III IIIIIINO FEE AND WHEN RECORDED RETURN TO: 200600072611710:16am 10/27/06 203 59 E01 9 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 J City of Huntington Beach , 2000 Main Street ) Huntington Beach, CA 92648 ) Space above this line for Recorder's use.] This document is exempt from N� recording fees pursuant to Government Code Section 6103. CA SPECIAL UTILITY EASEMENT AGREEMENT (CVS #9483: NEC Brookhurst St. & Adams Ave., Huntington Beach, CA) For valuable consideration, receipt of which is hereby acknowledged Garfield Beach CVS, L.L.C. , (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 nWGle)-V.:b:kG 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, whenever and wherever necessary for the purpose of laying, constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. agree/citywide/specil utility easement 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 shallalso 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 agree's to confer with Grantor thereof in ordef 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 LL ; 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, Special Utility Easement has been executed by the Grantor herein this g-1 sr day of X44of 2006 GRANTOR CITY OF HUNTINGTON` BEACH, a municipal Garfield Beach CVS, L. L. c. corporation of the State of California a -California limited liability company. Byrom--�s' Diane" McMonagle-Glass r~'`� print name Director of Public Works ITS: (circle one) Ch 'r /President/Vice President ssista Secre ATTEST: BY: City rk Michael B. "Nulman (PORSUANTTORBSOL ioNNo.2003-29) print name ITS: (cc e =e.) cretary/Chief Financial APPROVED AS TO FORM: Offic /Asst. Secretar Treasurer CVS Legal Approval,: Clint Stewart City Attorn z�'O(p ,for Ward; Miller & Geyer, LLC REVIEWED AND APPROVED: City Administrator agree/citywide/specil utility easement 3 STATE OF RHODE ISLAND § COUNTY OF § ss. I, �1')W n M Ucc'- a notary public in and for said county in said state, hereby certify, that Jjgu _iaS�(wi�_ M ifi whose namesas the ASs-f-, SVAF.lc� , of -'�(c� 4�- Q, . (�c; a �` (',a l�� ,. , is signed to the foregoing instrument, acknowledged before me on this day that, being informed of the contents of such instrument,Th6(she as such officer and with full authority, executed the same voluntarily for and as the act of said Given under my hand and official seal thisjday of , 2006. Notary Public [Notary Seal] r My commission expires: rZ. Dawn M. Bucci Notary Public State of Rhode Island My Commission Expires 07/24/2010 CALIFORNIA•ACKNOWLEDGMENT v.�c.S.�.,.�.•S!4.•c,?�...ysa<, �L� ,c�>!.. �.,c�>•� .T .c .,�4 a�a.e ,sa> 7. State of California County of 6164 Gil On a oZ 02 before me, _ Date personally appeared P.1. E8PM A Co mrilat # 1W9179 Notory_ PabBc - C0901711110 Ownge CourAV OIMVCCMM. Expkw Aug 4. y ss. ,� L-�,. Name and Title of Officer (e.g.,;�e(oe, Notary Publi " YAW � �: > Name(s) of Signer(s)' )personally known tome ❑ 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. W N S y In a official seal. Place Notary Seal Above Sign at a of Notary Pu r 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb Here ❑ Trustee ❑ Guardian or Conservator . ❑ Other: Signer Is Representing: © 2004 National NotaryAssociation • 9350 De Soto Ave., P.O. Box 2402 • Chatswortf Number of Pages: Signer's Name: ' ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Attorney in Fact El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: ' Signer Is Representing: �, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 5, PAGES 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 1; THENCE, SOUTH 01019'35" EAST ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL 1 A DISTANCE OF 253.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID BOUNDARY NORTH 88048'50" EAST A DISTANCE OF 190.64 FEET TO THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE, SOUTH 01°19'35" EAST ALONG SAID EASTERLY LINE A DISTANCE OF 10.00 FEET; THENCE, LEAVING SAID LINE SOUTH 88°48'50" WEST A DISTANCE OF 43.14 FEET; THENCE, SOUTH 01°11'10" EAST A DISTANCE OF 22.80 FEET; THENCE, SOUTH 88048'50" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 01°11'10" WEST A DISTANCE `OF 22.80 FEET;' THENCE, SOUTH 88048'50" WEST A DISTANCE OF 137.49 FEET TO THE WESTERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE, ALONG SAID LINE NORTH 01019'35" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. ,AREA = 2,134 SQ. FT. (0.05 ACRES) MORE OR LESS LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: J H. KA AMURA .P.E. NO. 30560 DATE PAGE 1 OF a. EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 1 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 5, PAGES.42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL l; THENCE, SOUTH 01019'35" EAST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 1 A DISTANCE OF 10.72-FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID BOUNDARY NORTH 88040'•25" EAST A DISTANCE OF 2.66 FEET; THENCE SOUTH 46°11'10" EAST A DISTANCE OF 20.68 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 189.89 FEET; THENCE, NORTH 01°11'10" WEST A DISTANCE OF 11'.41 FEET; THENCE, NORTH 88°48'50" EAST A DISTANCE OF 10.00 FEET; THENCE, SOUTH 01'11'10" EAST A DISTANCE OF 11.41 FEET; THENCE, NORTH,88°48'50" EAST A DISTANCE OF 188.71 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE, SOUTH 01 ° 11' 10" EAST A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 88°48'50" WEST A DISTANCE OF 194.22 FEET; THENCE, SOUTH 01'11'10" WEST A DISTANCE OF 13.60 FEET; THENCE, SOUTH 88046' 15" WEST A DISTANCE OF 10.00 FEET; THENCE, NORTH 01 °11' 10" WEST A DISTANCE OF 13.61 FEET; THENCE, SOUTH 88°48'50" WEST A` DISTANCE OF 78.46 FEET; THENCE, SOUTH 01 ° 11' 10" EAST A DISTANCE OF 6.97 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 5.00 FEET; THENCE, NORTH 01'11'10" WEST A DISTANCE OF 6.97 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 36.36 FEET; THENCE, SOUTH 01,11,101, EAST A DISTANCE OF 7.25 FEET; THENCE, SOUTH 88'48'50" WEST A DISTANCE OF 5.00 FEET; NORTH 01 ° 11' 10" WEST A DISTANCE OF 7.25 FEET; THENCE, SOUTH 88°48'50" WEST A DISTANCE OF 63.78 FEET; THENCE, NORTH 46'11'10" WEST A DISTANCE OF 18.55 FEET TO THE WESTERLY BOUNDARY OF: SAID PARCEL 1; THENCE, ALONG SAID BOUNDARY LINE NORTH 01019'35" WEST A DISTANCE OF 11.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 4,440 SQ. FT. (0.10 ACRES) MORE OR LESS LEGAL DESCRIPTION PREPARED UNDER THE SUPERVISION OF: I/oG JAMES H. KAWAMURA R.P.E: NO. 30560 DATE page a ec a �P C9 r 10 /i fo.3�1� Ex'p 03/31/0C"lv8 S FUF SHEET 1 OF a• EXHIBIT "B"' AS DESCRIBED ON THE ATTACHED EXHIBIT "A' AND SCALE: 1 ".-40' BY REFERENCE MADE APART HEREOF. T P, A S T 1\1 J, C5? 0 6, -1 J 01/4 3 -- =- -- -- PL -- -- -- --- I P.O.B. NORTHWESTERLY CORNER OF PARCEL 1 PER MAP RECORDED IN BOOK 5, PAGE 42 OF PARCEL MAPS. cc�FE� O r N Ql560 N �k Exp. 03/31/08 CIVIL op F � c p, I t I PA FRIGE_ L 1 r.IYL 5/ ;2 LO ' w I O its J r7 I I Ltd c�- I L, 60' BASIS OF BEARING: BASED ON THE CENTERLINE OF BROOKHURST I E� - I STREET AS BEING'NO1'19'35"W PER MAP RECORDED I i IN BOOK 5, PAGE 42 OF PARCEL MAPS i T.P.O.B. N88'48'50"E 190.64' N01' 19'35"WMEN 10.00' S88'48'S0"W 137.49'TS88481'50'W ' 4oJ NO1*11'10"WSO1' 43.4' I oo0 11' 10"E22.80'22.80' I S88'48' 10.00' SHEET OF 3. 01 1ESS10 EXHIBIT „Bn� y AS DESCRIBED ON THE ATTACHED EXHIBIT °A° rn SCALE: 1 "=50' BY REFERENCE MADE APART HEREOF. N 560 .4 EXp, CO/31/08 P.O.B. STD NORTHWESTERLY CORNER OF PARCEL 1 PER MAP RECORDED IN w BOOK 5, PAGE 42 OF PARCEL. MAPS. 3 o u 0 w 0 ce -o T,P.O.B. r- o -f A C -r 1\1 J. � 0 6, Z^ z� � � 1�i1.1V1. 1 J 3/ zf a �? N88'40'25"E 2.66' y -- -- — -- -- -- — -- -- L- -- -- -- -- -= — -- - -- — -- -T S46' 11 ' 10"E S88' 48' 50 "W o 20.68' 36.36' N88' 48' 50" E 189,89' N88' 48' 50"E 188.71 ' 3 S88'48'50"W S88'48'50"W S88'48'50"W 194.22' 63.78' 78.46' C. �' 0; o o SO 1' 1 1" 10"E P A Fi C I `l P, l�il ,/ r 2 10.00' Z� 3: w J 0 o b �yO.I o In 'L I .7-_ co- �o In _00 Z� �N CO.p N m o)O O.O - O Z- ONE Z t- -u-) to r- Z uO (n N O . Z F) C2i 2 P.l\il, �/4f2 6o' � . CDco iI , co BASIS OF BEARING: BASED ON THE CENTERLINE OF BROOKHURST STREET AS BEING NOi'19'35W PER MAP RECORDED IN•BOOK 5, PAGE 42 OF PARCEL MAPS V6 w 0 ed m 0. WARDMILLER&GEYER,LLC Clint Stewart direct: 801.2589806 e-mail: cstewart(aa wmglaw.com August 22, 2006 VIA FAX NO. 714-374-1573 AND FEDERAL EXPRESS W/ENCL. Mr. James Wagner, Associate Civil Engineer City of Huntington Beach, Department of Public Works 2000 Main St. Huntington Beach, CA 92648 Tel. No.: 714-374-5431 Re: CVS #9483 (Former Sav-on #9483) Beachmont Plaza, NEC. Brookhurst & Adams, Huntington Beach, CA Special Utility Easement Agreement Dear Jim: Please find enclosed one (1) original Special Utility Easement Agreement, dated August 21, 2006 ("Agreement"), between Garfield Beach CVS, L.L.C. ("CVS") and the City of Huntington Beach ("City"). Attached as Exhibit A to the Agreement is a copy ofti"e legal description from the water pipeline Easement Deed that I sent you on August 15, 2006. Call me at 801-258-9806 should any questions arise. Thank you. Sincerely, OXIYIMw Clint Stewart Enclosures cc: Lili Hernandez (via fax no. 714-374-1573 w/o encl.) Lewis Miller (via e-mail w/o encl.) Leonie Mulvihill (via fax no. 714-374-1590 w/o encl.) u:Acts\9483 Brookhurst & Adams, Hunlington Beach\wagner 060822 165 South Main, Second Floor Salt Lake City, UT 84111 Phone:801.258.9800 Fax:801.521.3051 www.wmglalv.com CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICTV 00- 2095 OCT 17 P11 2: 00 TO: Joan Flynn, City Q -1 t Lt E �4 FROM: Robert Beardsley', PE, Director of Public Works DATE: October 16, 2006 SUBJECT: Utility Easement Agreement for Garfield Beach CVS, LLC (NEC Brookhurst Street & Adams Avenue) Presented for signature to the City Clerk for attesting to and recording of the Special Utility Easement Agreement (attachment) from Garfield Beach CVS, LLC to the City of Huntington Beach. The Agreement has been approved as to form by the City Attorney's Office. If you have any questions, please contact Johan Hardy at 374-5386. RFB/JH: cs Attachment RESOLUTION NO. ,2003-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE DELEGATION.OF AUTHORITY FOR THE EXECUTION OF SPECIAL U TrOTY EASEMENT AGREEMENT WHEREAS, it is necessary for the City to institute a "Special Utility Easement Agreement' to define the City's responsibilities regarding pipeline repairs, replacements and surface uses within the easement, when the City's public water pipelines are located on private property, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Authorize the Director of Public Works and/or City Engineer and/or Deputy Director of Public Works and City Clerk to execute Special Utility Easement Agreements and the City Clerk to attest for all applicable future developments, in substantially the same form as the attached agreement, which has been approved as to form by the Office of the City Attorney. PASSED AND ADOPTED .by the City Council of the City of Huntington Beach at a - regular meeting thereof held on the -5di 'day. of: 'Kay'.; 2Q03: Mayor ATTEST: REVIEWED AND pAPPROVED: City Admi istrator APPROVED AS TO FORM: ity A_tloriey U I ti �D3 INITIAL D AND APPROVED: Director of P is Works 4 1 Q1cs ,"Im CITY OF HUNTINGTON BEACH..- 2000.MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 24, 2006 Tom Daly O. C. Clerk — Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 - Attn: Document Examiner Enclosed please find the Special Utility Easement Agreement Between Garfield Beach CVS,. LLC {Grantor) and the City -of Huntington Beach entered into on 8/21/06 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main .Street, Huntington Beach, CA 92648. Please `return a conformed copy of the Agreement when recorded to this office in the enclosed self-addressed stamped envelope. J n L'. Flynn City Clerk JF:pe Enclosure — Gafeld Beach CVS, LLC (NEC Brookhurst St. & Adams Ave) G:/followup/deeds/deed letter2002.doc Procedure #18 ( Telephone: 714-536-5227 )