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HomeMy WebLinkAboutOcean View School District - 2008-03-04Recorded in Official Records, Orange County RECORDING REQUESTED BY Q ) , Tom Daly, Clerk -Recorder AND WHEN RECORDED RETURN TO: ) IIIIIIIIIII!1111111111111111111111111111111!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2008000178663 08:35am 04117108 City Clerk � ) I � City of Huntington Beach ) 106 198 Al 10 2000 Main Street ) 0.00 0.00 0.00 0.00 aoo a.00 o.00 o.00 - — Huntington Beach, CA 92648 ) [Space above this line for Recorder's use.] OT (r� This document is exempt from D recording fees pursuant to Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Ocean View School District (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, and repair a storm drain pipeline including 2 manholes, under said real property for its entire length and full width as described on Exhibit A and depicted on Exhibit B (attached hereto _ and incorporated by this reference), and made a part hereof, 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, inspecting, maintaining, operating, repairing, and using said storm drain pipeline. In the event the City wishes to modify, increase, or change this easement in any manner, the City and District shall be required to agree in writing before any such modification, increase, or change takes place. This doommt Is solely for the of iclal hOkum Of the C ty of Hw*vgtm Pa Beach, as contemplatedunder (Page 1 of 7 ) Government Code Sec. 6103 and should be recorded free of charge. 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 storm drains or any equipment incidental thereto, and CITY agrees to comply with such request at GRANTOR'S expense. In the event that GRANTOR chooses to close and sell the Sur, View School site, GRANTOR may request CITY to remove the CITY'S storm drains and any equipment incidental thereto, and CITY agrees to comply with such request 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 may place temporary structures within 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 landscaping and related purposes including planting bushes on the easement area. CITY also acknowledges that the setback area associated with the Easement is measured from the property line and not the Easement boundary according to the City of Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Furthermore, the CITY hereby grants permission to GRANTOR to utilize the storm drain pipeline, at no additional cost to GRANTOR, for any of GRANTOR'S future development and/or improvements to the Sun View School site. (Page 2 of 7) In making any installation or in the performance of any work, CITY shall adequately protect its installations. In making any use of this easement, CITY shall: (a) During the construction phase, make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas. CITY shall endeavor to prohibit dust from excavation and construction from entering school hardscape, play equipment, and building area as described in the construction specifications. CITY shall provide a chain link fence around the work area on GRANTOR'S property to eliminate the possibility of construction workers, city employees, consultants, and others related to the construction from coming into contact with students. Manhole covers shall be set at an elevation that is a minimum of three (3) inches below finished grade. CITY shall also cover all manhole covers with sod to ensure student safety. The construction phase shall not exceed sixty (60) business days from the start of construction and shall be conducted during the summer months so that it does not disturb the operations of the school; and (b) Upon completion of the construction phase, CITY shall replace and restore the areas and surface improvements to substantially the same condition in which they were prior to the performance of such work. The completed project shall have no openings which might allow for animals to enter the storm drain system on GRANTOR'S property. Prior to conducting any regular maintenance or repair of the storm drain system on GRANTOR'S property, CITY shall promptly notify GRANTOR and the school administration of Sun View School and agrees to comply with all fingerprinting requirements in accordance with Education Code Section 45125.1. CITY shall coordinate all post construction maintenance and repair of the storm drain system on GRANTOR'S (Page 3 of 7) property with GRANTOR'S Maintenance and Operations Department, and following any such maintenance and repair of the storm drain system on GRANTOR'S property, CITY shall, if necessary, replace and restore the areas and surface improvements to substantially the same condition in which they were prior to the performance of such maintenance and repair work; and (c) After the construction phase is complete, and CITY has performed the replacement and restoration of the areas and surface improvements to substantially the same condition in which they were prior to the performance of such work, CITY shall have no obligation for maintenance, repair or replacement of enhanced pavement treatments, landscaping or irrigation facilities that may be subsequently installed by GRANTOR; and (d) Indemnification. CITY shall be responsible for, and GRANTOR shall not be answerable or accountable in any manner for any loss or expense by reason of any damage or injury to person or property, or both, arising out of the acts of CITY, its agents, officers, employees, or invitees, or resulting from CITY'S design and/or construction of the Easement or from any cause whatsoever arising out of or in connection with the Easement including without limitation, mechanics liens, stop notices or any claim that GRANTOR, CITY or CITY'S consultants failed to comply with any applicable law or regulation. To the fullest extent permitted by law, CITY agrees to indemnify, defend and hold GRANTOR entirely harmless from all liability arising out of: (1) Any and all claims under workers' compensation acts and other employee benefit acts with respect to CITY'S employees or CITY'S consultant's employees arising out of CITY' S work under this Agreement; and (Page 4 of 7) (2) Liability for damages for (1) death or bodily injury to person; (2) injury to, loss or theft of property; (3) any failure or alleged failure to comply with any provision of law or (4) any other loss, damage or expense arising under either (1), (2), or (3) above, sustained by CITY or any person, firm or corporation employed by CITY upon or in connection with the Easement, except for liability resulting from the sole or active negligence, or willful misconduct of the GRANTOR, its officers, employees, agents or independent consultants who are directly employed by the GRANTOR; (3) Any Ioss, injury to or death of persons or damage to property caused by any act, neglect, default or omission of CITY, or any person, firm or corporation employed by CITY, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation including the GRANTOR, arising out of, or in any way connected with the Easement and storm drain equipment, including injury or damage either on or off GRANTOR property; but not for any loss, injury, death or damages caused by the sole or active negligence, or willful misconduct of the GRANTOR. CITY, at CITY'S own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the GRANTOR, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the GRANTOR, its officers, agents or employees in any action, suit or other proceedings as a result thereof, and (e) Insurance. CITY is a self -insured public agency and will not independently procure insurance policies covering the easement or activities permitted hereunder. However, if third party contractors or consultants are hired by CITY to perform design, construction or maintenance activities related to CITY'S construction of the Project or use (Page 5 of 7) of the Easement, CITY will require such third parties to provide insurance policies as follows: (1) Public Liability and Property Damage. A suitable policy or policies of public liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with CITY'S use of the Easement. Such insurance shall be in amounts not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and $1,000,000 for property damage. (2) Automobile Liability. With regard to any vehicles which CITY brings onto the Easement Area, a suitable policy or policies of automobile liability insurance with a combined single limit of $1,000,000 per accident. (3) Workers' Compensation. Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per occurrence. (4) Professional Liability. With respect to any architectural or engineering work, CITY' S consultant must obtain professional liability insurance, including contractual liability, with limits of $1,000,000 per occurrence. (5) Notice; Additional Named Insureds. All insurance provided under this Agreement shall be issued by a California admitted surety. All insurance shall be insured as a primary policy and contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties hereto before cancellation or change in coverage, scope or amount of any policy. The GRANTOR, its directors, officers, agents, (Page 6 of 7) employees and consultants, shall be designated as additional named insureds on insurance set forth at Sections (1) and (2) above. IN WITNESS WHEREOF, this Special Utility Easement has been executed by the GRANTOR herein this _ day of {�KV Ckk 200_E. GRANTOR: CITY OF HUNTINGTON BEACH, a municipal OCEAN VIEW SCHOOL DISTRICT corporation of the State of California By: —U4� Board President Director of Public Works ATTEST: ity erk PURSUANT TO RESOLMON NO. 2003-29) APPROVED AS TO FORM: paw S1 Dg; tom-- City Attorney REVIE ANVPPROVED: CIL ty Administrator (Page 7 of 7) Exhibit A AN EASEMENT FOR STORM DRAIN AND MAINTENANCE PURPOSES OVER THE NORTHERLY 15 FEET OF THAT REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LA BOLSA CHICA AND PARTLY IN THE RANCHO LAS BOLSAS, AS SAID SECTION IS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER, OF THE SOUTHEAST QUARTER, OF SAID NORTHEAST QUARTER OF SECTION 23, THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER, NORTH 89° 25' 00" EAST, 659.96 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 00° 44, 25" EAST, 660.30 FEET TO THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 890 25' 06" WEST, 659.96 FEET TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER; THENCE ALONG SAID WESTERLY LINE NORTH 00 44' 25" WEST, 34.96 FEET; THENCE SOUTH 890 15' 35" WEST, 270.00 FEET; THENCE NORTH 00 44' 25" WEST, 626.06 FEET TO THE NORTHERLY LINE DF THE SOUTH HALF, OF SAID NORTHEAST QUARTER, OF SAID SECTION 23; THENCE ALONG SAID NORTHERLY LINE NORTH 890 25' 00" EAST, 270.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE LANDS PREVIOUSLY GRANTED TO THE CITY OF HUNTINGTON BEACH IN THE EASEMENT DEED FOR STREET AND PUBLIC UTILITY PURPOSES RECORDED JANUARY 23, 1970 AS INSTRUMENT NUMBER 12069 IN BOOK 9198, PAGE 246 OF OFFICIAL RECORDS SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAYS AND EASEMENTS OF RECORD EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF �.� 'b JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/09 Legal Descripfion SUN VIEW SCHOOL APN 142-1 1 1-04 15' STORM DRAIN EASEMENT CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS \.AND 0G ��FO �' S c� � 0 � EXP.12-31 J+r9TF OF CA� O���Q 0' D --i m z 0 m -o C CD r O V) 0 m C") m � O 1 03 zr 00 O � Z m z° O N rn C(D I � Q I O �P RE I (CEN SEC 23, `-� T5S, RI IW) (N 1/4 COR, SEC. >S, RI IW) I 30 NW COR, SEI/4, NE1/4, SEC 23, T5S, RI I W POINT OF BEGINNING (N89°24'50"E 2639.86') SUN VIEW PARK APN No. 142-111-29 "E ,, EDINGER AVENUE LA QUINTA PTS 24/46 P.M. APNRNMo.1 2 111-30 N89025'00"E 659.96' — 606.46' N89025'00"E 880.96' STORM DRAIN EASEMENT (NE COR, SEC. 23, T5S, R11W) AIw zz 4 caa� I LSD $ 12 gpD� �2 C.PLARNK.SIDE 36 Cl > IOU iz ^ K? SW'LY LINE OF w - Oq o O 71k o I--W'LY LINE NW 1/4, SE1/4, STREET AND o a '� pQ cv NE 1/4, SEC 23, TSS, R11 W PUBLIC UTILITY I r, EASEMENT PER cV 3 T R� SUN VIEW SCHO®L weA E'LY LINE NW 1/4, SEIA o N 0 APN No. 142-111-04 NE1/4, SEC 23, T5S, R11W rn a �I zl � o w � I 3 LEGEND: I c� N I Cl= (DELTA=60°44'25", R=80.00, L=84.80') c�i1 DELTA=60°43'24", R=80.00', L=84.79' I w O Z 30 °awl C2=DELTA=11°14'31",R=80.00',L=15.70' 04 36' U S'LY LINE NW 1/4, SE1A, -' - N0044'25"W 34.96' NEIA, SEC 23, T5S, RI IW S89°15'35"W 270.00' S89 2506 W 659.96 I-C, HEIL AVENUE (E1/4 COR, SEC 23, T5S, R11W) (N89°25' 11 "E 2639.86') GRAPHIC SCALE = 15.00' STORM DRAIN EASEMENT DESCRIBED HEREON. 1 inch =180 ft. REFERENCES: 180 o so Sao ( ) = RF( ORD PER PARCEL MAP FILED IN EOOK 24 PAGE 46 OF P.M. 34 [ ] = RECORD PER STREET AND PUBLIC UTILITY EASEMENT RECORDED IN BOOK 9198, PAGE 246 OF O.R. ( IN FEET ) CALIFORNIA•ACKNOWLEDGMENT T. T�.?� �c�.,s��,C,c�S,_s�S-�. c,.c�.',��.�..`�-s�.'.,u�S�.',��.'.�.,_s�Sr�J���vs��,c�vs���S� ��;�aNs�,C✓.n.'. ��c�:.ca.�t�S;.��.5,.�.,:�.v.��v.��..,�.;�>,���.-'�.'S State of California County of CJR On 3,/ AcOd ' before me, � �- • �/�� �i�9�-� � ��CJ Date Here Insert Nafne and Title of the Officer personally appeared R9-t!/S 6A)y I DAJ /.- /ayAJs_) Name(s) of Signer(s) .Owl, CAk: Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persor�j's whose name(D +s6D subscribed to the within instrument and acknowledged to me that fiefsexecuted the same in l;WhoxZ e� i authorized capacity, and that by ' fFieii signature,(aon the instrument the persor(o, or the entity upon behalf of which the persong 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 y h and fficial seal. Signature Sign u of N ry 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 Document / C Title or Type of Document: (.�`� V -/L.._ 0_77 _/T 1 d Document Date: " ! o,�DO 2 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 Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINl OF SIGNER ©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