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HomeMy WebLinkAboutHiroyasu Nakano - Grantor - 2013-04-17This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder ) 11111111111111111111111111111111111111111111111111111111111111I IIINO FEE ll 2013000337495 10:12am 06/04/13 63 405 E01 12 �.00 0.00 0.00 0.00 33.00 0.00 0.00 0.00 /�D�/ ����� • [Space above this line for Recorder's use.] n This document is exempt from ( �pF7��fG/�E+�� t✓"B�%�?.� recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Hiroyasu Nakano, a married man as his separate property, (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 wide/special utility easement 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 ll%-ft, day of A�7v'*;1 2013. GRANTOR CITY OF HUNTINGTON BEACH, Hiroyasu Nakano, a rried man, a municipal corporation of the State as his separ e pro e of California By: Hit6yasu Nakano Director of P6blic Works y6YO LEGAL AFFAIRS OUREAU\ NOTARY OFFICE K01-10, N(H0MBASR KABU't'0" C o � \\ C,}UO-KU TOKYO JAPAN/i JQAN L. 186 �. Commission # 1862518 z :` Notary Public - California z Orange County @MY Comm. Expires Aug 22, 2013 agree/city wide/special utility easement 3 ATTEST: �74• City Clerk (PURSUANT TO RESOLUTION NO. 2003-29) APPROVED AS TO FORM: City Attorney AV T-7`13 AND APPROVED: Manager Registration No. 269 of 2013 NOTARIAL CERTIFICATE This is to certify that Mr. Hiroyasu Nakano has affixed his signature in my very presence to the attached document. Dated this 17th day of April, 2013 z t:1L 0.'eo�� -A- - Isao Egawa Notary ,attached to C000 : EGAL AFFAIRS BUREAU NOTARY OFFICE The Tokyo Legal Affairs Bureau. NO 1-10, A'IE MBASHL KABUT4-aO cxuo-KutOKYOJsiPtiu No.1 10, Nihombashi, Kabuto cho, Chuo-ku, Tokyo, Japan. ..A 2 5 2 6 9 1�`�5 I�z. ": Wl-a a`�zo •A 2 5jHi 4 A 1 7 H. *�9AT-YzMW.30z Notary Ysao E a - H)j Wa 1. Country: JAPAN This public document 2. has been signed by I s a o E g a w a 3. acting in the capacity of Notary of the Tokyo Legal Affairs Bureau 4. bears the seal/stamp of I s a o E g a w a, Notary Certified 5. at Tokyo 6. APR.17.2013 7. by the Ministry of Foreign Affairs 8. 13-NO- 003284 9. Seal/stamp: 10. Signature F0P .� CID *. Ayako OGAWA For the Minister for Foreign Affairs CALIFORNIA•,ACKNOWLEDGMENT .............aa. State of California County of �,O J On 5 /3 before me, fU Qate Here Insert Name agd Title of the Officer personally appeared A&0q_1-0 JOAN L. F 1 Commission #t 862518 < -e� Notary Public -California z a Orange County M Comm. Ex Tres Aug22, 2013 + who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js7are subscribed to the within instrument and acknowledged to me that >fsae%they executed the same in>i8lRdir/their authorized capacity(ies), and that by Ws/faerr/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 hand and official seal. Signature Place Notary Seal Above 'y Signalerre oYNotary`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 Duo, un Title or Type of Documents:/' Document Date: /1/ Signer(s) Other Than Named Above: Number of Page Capacity(ies) Claimed by Signer(s) _ jza�Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardianoc Coi Is ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • ❑ Attorney in Fact Top of thumb here I ❑ Trustee ❑ Guardian or Cansery er: Sigler IsFlepre _ , senting: Top of thumb here �,'� f" rime:•;','., .; it ©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 SHEET 1 OF 4 EXHIBIT A LEGAL DESCRIPTION WATER LINE EASEMENT VARIOUS STRIPS OF LAND LYING WITHIN PARCEL 4 OF A PARCEL MAP FILED IN BOOK 97, PAGES 14 AND 15, OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIPS BEING DESCRIBED AS FOLLOWS: STRIP 1 A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NORTH 0000'03" EAST 40.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 89058'47" EAST 40.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 89058'47" EAST 107.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE SOUTH 89058'47" EAST 24.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 89058'47" EAST 19.65 FEET TO A POINT, HEREINAFTER REFERRED TO AS POINT "D" ; THENCE SOUTH 89058'47" EAST 13.92 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE SOUTH 89058'47" EAST 29.11 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F";THENCE SOUTH 89058'47" EAST 21.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE SOUTH 89058'47" EAST 19.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE SOUTH 89058'47" EAST 16.09 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE SOUTH 89058'47" EAST 17.21 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE SOUTH 89058'47" EAST 3.38 FEET; THENCE SOUTH 31 °32'08" EAST 35.21 FEET; THENCE SOUTH 89°58'47" EAST 11.17 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE SOUTH 89°58'47" EAST 15.67 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4, SAID POINT BEING DISTANT THEREON NORTH 00001'13" EAST 10.00 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 4. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE IN THE WESTERLY AND EASTERLY LINES OF SAID PARCEL 4, AND AT THE ANGLE POINTS. STRIP 2 A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 0000'03" EAST 126.49 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; THENCE NORTH 0°00'03" EAST 27.18 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "M"; THENCE NORTH 0°00'03" EAST 20.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE NORTH 0000'03" EAST 25.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "O"; THENCE NORTH 0000'03" EAST 16.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE NORTH 0000'03" EAST 35.58 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT " Q " ; THENCE NORTH 89059'57" WEST 40.50 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1 \\Server3\d\Mapping\l233\01\Legals\WATER LINE ESMTS\l23301 WATER ESMT Exh A (legal) PRCL 4 (Nakano).doc SHEET 2 OF 4 STRIP 3 A 10.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "I"; THENCE SOUTH 0°01'13" WEST 40.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AS TO TERMINATE IN THE SOUTHERLY LINE OF SAID PARCEL 4 EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 4 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "B"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 5 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "C"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 6 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "D"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 7 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "E"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. SHEET 3 OF 4 STRIP 8 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "F"; THENCE NORTH 0'01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 9 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "G"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 10 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "H"; THENCE NORTH 0°01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 11 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "J"; THENCE NORTH 0'01'13" EAST 35.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 12 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "K"; THENCE NORTH 0°01'13" EAST 30.00 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 1. STRIP 13 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "L"; THENCE SOUTH 89°59'57" EAST 39.50 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. 3 —. SHEET 4 OF 4 STRIP 14 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "M"; THENCE SOUTH 89°59'57" EAST 39.50-FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. STRIP 15 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "N"; THENCE SOUTH 89°59'57" EAST 39.50 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. STRIP 16 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "O"; THENCE SOUTH 89°59'57" EAST 39.50 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. STRIP 17 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "P"; THENCE SOUTH 89°59'57" EAST 39.50 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. STRIP 18 A 5.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT "Q"; THENCE SOUTH 89°59'57" EAST 39.50 FEET. EXCEPT THEREFROM ANY PORTION WITHIN THE HEREINABOVE DESCRIBED STRIP 2. STRIPS 1 THROUGH 18, INCLUSIVE, Contain 9,324 sq. ft., or 0.214 acres, more or less. Q LAND As shown on Exhibit "B" attached hereto and by this'reference made a part hereof. DATED THIS DAY OF , 2012. L. TON, L.S. 534 , EXP. 12/31/13 F OF 30' uj uj w M 0 0 0 0 0 z NORTHWEST CORNER PARCEL 4 ' �J �- (N 89'58'47" W 204.10') �/-18.154N89*59'57"W 80.00' STRIP # 18 LL p�1G�3C�C�L� ----� - 5'WIDE I 40.50' r �L1 POINT Q 1'f' I LO 1 1"' (L1 STRIP # 17 _ _%-3 5' WIDE POINT P 116.10' STRIP # 16 L1 S 89'59'57" E POINT I r:,- 5 WIDE 39.50' pw 1 I N (5 PLACES) 11�01 STRIP I3 _ j 5' WIDE 1" = 40' POINT N N 1 '120.15' L1 STRIP # 14 1 —_ ---� 5' WIDE POINT M r ;n tL1 p�°�aC�CL�, �M]�°�p LO 1,� N 6 1 I N STRIP # 13 n� ny� /� N I7T- 5' WIDE PIJVII o 9 O V 4 V POINT L I T I 1 LO a- 1 I Cv } Hlie w C14 d o I l I. Cl)in N �S�Q LAND sell b Z I 1 ,,, U)I 1 IN �o LL �----i ui 0 10, I-� 0 'n STRIP # 1 Z to 5' 10' WIDE `rqT /S 530 1 N OF CA`'' 1 I POINT A ;f, 1 PREPARED BY ME OR UNDER — 40.50'— — — — 107.93' — — — W MY DIRECTION: LLJ S 89'58'47" E T T .51.5.25' ! 0 177 0 Ln 0 PT' B %Lf'OSELTON, . 5347 POINT OF BEGINNING /LICENSE EXPIRES 12/31/13 1 STRIP 1 (N89'58'47"W 358.50') - W NOTE: BEARINGS AND 30' POINT OF COMMENCEMENT U) DISTANCES IN PARENTHESES ISTRIP 1 (100.00') ARE RECORD PER SOUTHWEST CORNER PARCEL 4 P.M. B. 97 / 14-15 °al EXHIBIT 'B' DATE. OCT. 16, 2012 2-41111, SCALE: AS NOTED F U S C®E SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1233.001 19o1or WATER LINE EASEMENT E N G I N E E R I N G SHEET 1 OF 2 16795 Von Korman, Suite 100, Irvine, California 92606 BEACH /GARFIELD SHOPPING CENTER tel 949.474.1960 o fax 949.474.5315o www.fuscoe.com CITY OF HUNTINGTON BEACH M:\Mapping\1233\01\Legals\WATER LINE ESMTS\123301 WATER ESMT Exh B (sketch) PRCLS 4 (Nakano).dwg po PARCEL 4 � PARCEL w PARCEL 3 lit =40' FARCEL MAP L — N PHo 1970V4-V5 PARCELS 4 � LL It Lo co I, --co rn O T *k w *k w *k w w *k w *k w w w z to to I--- to F-- to 1.- to to to to wCN r fn fn fn fn fn fn fn I- Q I w �w w w w w w w w w fin- o _-_o _o _o _ice_o _- o-o o W 0p _ oLo oL6 oL6 oui oL6 pui oui pr) oL6 Wo o o o o"oo o"' U) w U) z z z z � z z z w _ (TYP.) V) o m m m N m 2 5 m M m PT. I o V) o I I' III rn I I I III (I' rn III rn o cv 24.29' I Ilrj ( 29 11' 21.80' I I� r . I PTJ z w --�— 107.93'— I M 1 _ _ 3.38' -- -- — --- -- — — \ 11.17'� o — N89' 58'47"W 313.25' -� \ II I 15.67' Z 10 �PT. B PT. C PT. F 1 \ \ I I o PT. D PT. G 1 120.59' \\ Li PT. E 5, 5' �— 292.65' PT. H 65.85' - (N89'58'47"W ch w J, 358.50') — LV o �2 o ��, �s PT. K 26.84' LV SOUTHERLY LINE a o o . S89'58'47"E o PARCEL 4 E c O ��. SOUTHEAST CORNER o c to PARCEL 4 ■■11II EXHIBIT 'B' DATE: OCT. 16, 2012 C SCALE. AS NOTED FU SC®L SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1233.001 Il10■■ WATER LINE EASEMENT E N G I N E E R I N G SHEET 2 OF 2 16795 Von Karman, Suite 100, Irvine, California 92606 BEACH /GARFIELD SHOPPING CENTER tel 9A9.A7A.1960 a fax 9A9.A7A.5315a www.fuscoo.com CITY OF HUNTINGTON BEACH