HomeMy WebLinkAboutHuntington Beach No. 1 - Watt Properties, Inc. - Christopher Chase - Secretary - Allison Lynch - VP - 2012-02-01e
This 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
Tom Daly, Clerk -Recorder
11111111111111111111111111111111111111111111111111N0 FEE 2 12
ll 201200056245 04.23pm 09/ 5/
37 402 Al2 23
100 0.00 0.00 0.00 66.00 0.00 0.00 0.00
�4qb _ ?S6 �,�'��Al_c a [Space above this line for Recorder's 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, Huntington
Beach No. 1, a California limited partnership, (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
e
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 day of F,*777l1gY , 20.9
GRANTOR
Huntington Beach No. 1,
a California limited partnership
By: WATT PROPERTIES, INC.,
a California corporation,
its general partner A
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State
of California
C4
(print name Director of P61ij Works
ITS( ircle one) Chairman/Preside ice
Presiden ssistant Secretary
By:
GL•y.zt.� � har ��`-a-Sri
(print name)
ITS: (circle one) Chairman/President/Vice
President/Assistant eetary
ATTEST:
City Clerk l/
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aRSUANT TO RESOLUTION 2003-29)
APPROVED AS TO FORM:
�✓v i /v� Z-8
City Attorney
REVIE D ND APPROVED:
City Manager
agree/city wide/special utility easement
State of California )
County of � GSA )
On r ��t before me, �aX e�\ c �\� C personally
�e
(here insert name and title of the officer)
wappeared
o proved to me on the basis of satisfactory evidence to be the��n(✓whose nae(s) is/are subscribed to the within
instrument and acknowledged to me that heAhefthey_executed the same in hsAer/thev authorized ), and that by
-hiss/their s`igrtature(s) on the instrument the(p n(s) or the entity upon behalf of which th 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'W' /&t- Z-
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(This area for notary stamp)
GAIL ANN FREEDMAN
Commission # 1870814 z
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DSES00475011
6932-236610-2030
TD# 404779
EXHIBIT "p99
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING VARIABLE WIDTHS STRIPS OF LAND LYING WITHIN PARCEL 2 OF PARCEL MAP
FILED IN BOOK 3, PAGE 50 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
STRIP "A"
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE
EASTERLY LINE OF SAID PARCEL 2, NORTH 00-44-25" WEST, 9.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID LINE, SOUTH 89024'50" WEST, 162.95 FEET
TO POINT "A"; THENCE CONTINUING ALONG SAID LINE, SOUTH 89°24'50" WEST, 15.85
FEET TO POINT "B"; THENCE CONTINUING ALONG SAID LINE, SOUTH 89°24'50" WEST,
248.27 FEET TO POINT "C"; THENCE CONTINUING ALONG SAID LINE, SOUTH 89°24'50"
WEST, 35.60 FEET TO POINT "D"; THENCE CONTINUING ALONG SAID LINE, SOUTH
89024'50" WEST, 279.37 FEET TO POINT "E"; THENCE CONTINUING ALONG SAID LINE,
SOUTH 89024'50" WEST, 29.47 FEET TO POINT "F"; THENCE CONTINUING ALONG SAID
LINE, SOUTH 89024'50" WEST, 193.55 FEET; THENCE NORTH 00044'25" WEST, 154.06 FEET
TO POINT "G"; THENCE CONTINUING ALONG SAID LINE, NORTH 00044'25" WEST, 61.88
FEET TO POINT "H"; THENCE CONTINUING ALONG SAID LINE, NORTH 00°44'25" WEST,
65.29 FEET TO POINT "I"; THENCE CONTINUING ALONG SAID LINE, NORTH 00044'25"
WEST, 213.10 FEET TO POINT "J"; THENCE CONTINUING ALONG SAID LINE, NORTH
00044'25" WEST, 104.16 FEET TO POINT "K"; THENCE CONTINUING ALONG SAID LINE,
NORTH 00"44'25" WEST, 2.49 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
PARCEL 2, SAID POINT BEING HEREINAFTER REFERRED TO AS POINT "L".
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE EAST LINE AND ON THE NORTH LINE OF SAID PARCEL 2.
STRIP "B"
A STRIP OF LAND 10.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "I"; THENCE NORTH 89024'50" EAST, 130.58 FEET TO POINT
"M"; THENCE CONTINUING ALONG SAID LINE, NORTH 89024'50" EAST, 247.50 FEET TO
POINT "N"; THENCE CONTINUING ALONG SAID LINE, NORTH 89°24'50" EAST, 10.91 FEET
TO POINT "O"; THENCE CONTINUING ALONG SAID LINE, NORTH 89°24'50" EAST, 59.96
FEET TO POINT "P"; THENCE CONTINUING ALONG SAID LINE, NORTH 89°24'50" EAST,
132.93 FEET TO POINT "Q"; THENCE CONTINUING ALONG SAID LINE, NORTH 89-24,50"
EAST, 62.09 FEET TO POINT "R"; THENCE CONTINUING ALONG SAID LINE, NORTH
89024'50" EAST, 164.74 FEET TO POINT "S"; THENCE CONTINUING ALONG SAID LINE,
NORTH 89024'50" EAST, 74.63 FEET TO POINT "T"; THENCE CONTINUING ALONG SAID
LINE, NORTH 89024'50" EAST, 15.09 FEET TO POINT "U"; THENCE CONTINUING ALONG
SAID LINE, NORTH 89024'50" EAST 60.70 FEET TO POINT "V"; THENCE CONTINUING
ALONG SAID LINE, NORTH 89024'50" EAST 5.94 FEET TO THE EAST LINE OF SAID PARCEL
2.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
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EXHIBIT "p 99
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE EAST LINE OF SAID PARCEL 2.
STRIP "C"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "A"; THENCE SOUTH 00°35'10" EAST 7.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "D"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "B"; THENCE NORTH 00°35'10" WEST 79.21 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "E"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "C"; THENCE NORTH 00°35'10" WEST 44.50 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "F"
A STRIP OF LAND 24.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "D"; THENCE SOUTH 00°35'10" EAST 7.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "G"
A STRIP OF LAND 24.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "E"; THENCE SOUTH 00°35'10" EAST 7.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "H"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "F"; THENCE SOUTH 00°35'10" EAST 7.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
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STRIP "I"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "G"; THENCE NORTH 89°24'50" EAST 24.99 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "J"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "H"; THENCE SOUTH 89°24'50" WEST 18.00 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "K"
A STRIP OF LAND 8.5 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT SAID POINT "J"; THENCE SOUTH 89024'50" WEST 28.81 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "L"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "K"; THENCE NORTH 89°24'50" EAST 32.25 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "A".
STRIP "M"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "M"; THENCE NORTH 00°35'10" WEST 23.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "N"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "N"; THENCE SOUTH 00°35'10" EAST 35.75 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "O"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
Page 3 of 6
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BEGINNING AT SAID POINT "O"; THENCE NORTH 00°35'10" WEST 15.50 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "P"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "P"; THENCE SOUTH 00°35'10" EAST 19.96 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "Q"
A STRIP OF LAND 6.25 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "Q"; THENCE NORTH 00°35'10" WEST 17.61 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "R"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "R"; THENCE NORTH 00°35'10" WEST 18.25 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "S"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "S"; THENCE SOUTH 00°35'10" EAST 35.50 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "T"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "T"; THENCE SOUTH 00°35'10" EAST 35.50 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "U"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "U"; THENCE NORTH 00°35'10" WEST 15.50 FEET.
Page 4 of 6
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EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "V"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "V"; THENCE NORTH 00'35'10" WEST 15.25 FEET.
EXCEPTING THAT PORTION LYING WITHIN SAID STRIP "B".
STRIP "W"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "L"; THENCE ALONG THE NORTH LINE OF SAID PARCEL,
NORTH 89024'50" EAST 374.03 FEET TO POINT "W" AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00035'10" EAST 5.00 FEET.
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE NORTH LINE OF SAID PARCEL 2.
STRIP "X"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "W"; THENCE ALONG THE NORTH LINE OF SAID PARCEL,
NORTH 89024'50" EAST 143.93 FEET TO POINT "X" AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00035'10" EAST 5.00 FEET.
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE NORTH LINE OF SAID PARCEL 2.
STRIP "Y"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "X"; THENCE ALONG THE NORTH LINE OF SAID PARCEL,
NORTH 89024'50" EAST 78.45 FEET TO POINT "Y" AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00035'10" EAST 5.00 FEET.
THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE NORTH LINE OF SAID PARCEL 2.
STRIP "Z"
A STRIP OF LAND 5.00 FEET WIDE, THE CENTERLINE OF SAID STRIP BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT SAID POINT "Y"; THENCE ALONG THE NORTH LINE OF SAID PARCEL,
NORTH 89024'50" EAST 172.85 FEET TO POINT "Z" AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00035'10" EAST 5.00 FEET.
Page 5 of 6
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THE SIDELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE ON
THE EAST LINE OF SAID PARCEL 2.
SEE EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY AND EASEMENTS OF RECORD, IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION, IN
CONFORMAN WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
i' REGORY JCHLARBAUM P.L.S. 6704
REGISTRA ON EXPIRES 6/30/12 J
DATE PREPARED: 5/07/12�oMas
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EEXP 6/30/12 f
Page 6 of 6
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SFittl b Uf- 13
EXHIBIT "B" I 160 S. Old Springs Road, Ste. 210
WATER EASEMENT f a Engineering, Inc. Anaheim Hips, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/land Planning (114) 685-6860
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- — — — — — - EXISTING PARCEL LINE SCALE: 1 "=40'
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LO SHEET 7 OF 13
°' EXHIBIT "B" Irm 160 S. Old Springs Road, Ste. 210
WATER EASEMENT Ilona Engineering, Inc. Anaheim 112Is, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning
(114) 685-6860
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
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WATER EASEMENT
- - - - - - - EXISTING PARCEL LINE SCALE: 1 "=40'
- CENTERLINE
o SHEET 8 OF 13
EXHIBIT "B" I 160 S. Old Springs Road, Ste. 210
WATER EASEMENT d0facEngineering, Inc. Anaheim Hills, California 92808
N CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning
(714) sss—ssso
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EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
2�5
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WATER EASEMENT
- - - - - - - EXISTING PARCEL LINE SCALE: 1 "=40'
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Ln SHEET 9 OF 13
EXHIBIT "B" 160 S. 0W SprOgs Root, Sit. 210
WATER EASEMENT dnal= Engineering, Inc. Anaheim Hills, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning (714) 685-6860
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Ln SHEET 10 OF 13
i
EXHIBIT "B" 180 S. Old Springs Road, Ste. 210
WATER EASEMENT 1913MICEngineering, Inc. Anaheim Hills, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning
(714) 685-6860
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N89°24'50"E 374.03' N89°24'50"E 143.93' w
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SHEET 11 OF 13
EXHIBIT "B" P 160 S. Old Springs Road, Ste. 210
WATER EASEMENT �a��'lf�� Engineering, Inc. Anaheim His, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning (714) 685-6860
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EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
E D I N G E R A V E N U E
N89°24'50"E 143.93'
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Ln SHEET 12 OF 13
EXHIBIT "B" 160 S. Old Springs Road, Ste. 210
WATER EASEMENT Engineering, Inc. Anaheim fl01s, California 92808
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LEGEND N
WATER EASEMENT
- — — — — — - EXISTING PARCEL LINE SCALE: 1 "=40'
- CENTERLINE
SHEET 13 OF 13
EXHIBIT "B" 160 S. Old Sprags Road, Ste. 210
WATER EASEMENT dana Engineering, Inc. Anaheim Us, California 92808
CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning
(714) 685-6860