HomeMy WebLinkAboutNam Vu - 2016-12-23RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk )
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
AN
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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This document is exempt from
recording fees pursuant to
Government Code Section 6103.
SPECIAL UTILITY EASEMENT AGREEMENT
FOR SANITARY SEWER AND/OR STORM DRAIN PURPOSES
Property Address: 91171_3'A� F
For valuable consideration, receipt of which is hereby acknowledged
ArA \1 U , (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 the
entire length and full width of easement area 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 sanitary sewer and/or storm water and all appurtenances,
including but not limited to, catch basins, clean outs, inlets, 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 deliver and operate heavy
equipment (such as a backhoe), 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,
16-5523/147097/W I
inspecting, maintaining, operating, repairing, lining, enlarging, replacing and using said
sewer and/or storm water pipeline(s).
Grantor retains the right to use the surface areas and the non-exclusive right to use
the subsurface areas of the easement area and right of way in such manner as Grantor shall
deem proper. Grantor may request CITY to change or relocate CITY's sanitary sewer
and/or storm water pipelines 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 area 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 area 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 area measured from
finished ground level„ nor shall any trees be located within, or overhang 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 area and right of way granted hereby with the
knowledge that Grantor may 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 area, 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: (1) any
enhanced pavement treatments other than asphalt concrete, (2) any
landscaping, and any landscape irrigation facilities which shall be the
responsibility of Grantor, (3) any temporary or permanent structures located
within the easement area which shall be the responsibility of Grantor; and
(4) any public or private walls or fencing that requires removal for the
16-5523/147097/MV 2
purpose of gaining access to easement area with equipment (such as a
backhoe) to affect repairs, which shall be the responsibility of the 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.
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 Z 3 ' .� day of q, ` r, 20 t � .
GRANTOR
By:��
AJ'.. u�
print name
ITS: (circle one) Chairman/President/Vice
President
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
Director of Publi Works
ATTEST:
City Clerk
F.11 ON me -MA K
ity Attorney ;,-r)ve
ityf Manager
":• "I
] 6-5523/147097/MV 3
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of (ge 4 S.S.
On / - a 3 - 2-6/ before me, l/ 4l � /� y �✓ ,
IJ,MY of Nc%i� :ry F''llks �t:, !I-ic
personally appeared IU7�
Name of S'ione! (1j
la�r�e: of Sinner t2
who proved to me on the basis of satisfactory evidence to be the personA whose nameM
is/are subscribed to the within instrument and acknowledged to me that he/sbaA4ey executed
the same in his/hem authorized capacity(iee), and that by his/he A4ieir signature(s) on the
instrument the person(s), 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 a official seal.
Signa.w of Notary Fubiic
OPTIONAL INFORMATION
EVALIE DUNCAN
*' COMM ... 2150015
U =" NOTARY PUBLIC-CALIFORNIA -{
M r •: ORANGE COUNTY W
My Term Exp. May 3, 2020
t4
A.4hou h the informabon ir, tl-)is is not re,;o;ier i by lacy it could ,_;revent ifaudu/ent rcmovar and of
this raj ariaol]'iorized do(;1,ePi ent—, and rrny(3Iove tUsa'flll to Pe.rsc)ns r'elylr4tJ on fb d oC:ll71ent
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of 5"Vu
if ed —
containing 7;_1 pages, and dated /
The signer(s) capacity or authority is/are as:
" Individual(s)
❑ Attorney -in -fact
❑ Corporate Officer(s)
Tltlr;l'si
I
Guardian/Conservator
Partner - Limited/General
Trustee(s)
Other:
representing:
". " of E ..ciyfia) 5,aner es crc= e:ntnc
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible witness(es)
i
Notarial event is detailed in,notaryjournal on:
Page # Entry #
Notary contact:
Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
El
+ Z069-20,15 Notd,f Lea )!;ig C>Bnt'e✓r -,All Rights f,.eserveCi 1'GU Cf;11 PUfC'I c^:AEi GGPleS of ti i;S torrii tl"otif our VvEii; Siff at V1rirJN{.'..�1Q�i5L3ry45?U1 �.00I'i
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
State of California
ss
County of Orange
On January 5, 2017 before me, P.L. Esparza, Notary Public for the State of
California, personally appeared Robin Estanislau 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
"F
+� Commission # 2032750
Z �`' _ Notary Public - California Z
Z �.. Z
Orange County D
My Comm. Expires Aug 4, 2017
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND AS
DESCRIBED AS FOLLOWS:
THE EASTERLY 5 FEET OF LOT 269, TRACT 3903, AS SHOWN ON A MAP
RECORDED IN BOOK 165, PAGES 48-50 OF MISCELLANEOUS MAPS, RECORDS OF
SAID COUNTY.
ASSESSOR'S PARCEL NO: 114-493-29