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Home My WebLink AboutP G Marina Investors II - 2010-05-26 This Document was electronically recorded by • , City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY ) 11111111111111111111111111111111111111111111111111111111111111111 NO FEE AND WHEN RECORDED RETURN TO. 6 406 Al2 7 2010000435926 12:11 pm 09/03/10 City Clerk o o0000000001800000000000 City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [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, P G Manna Investors II, 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 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 the 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 easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, ansing from CITY's use of such area agree/city wide/special utility easement 2 .a 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 2`�day of _ 2010. GRANTOR CITY OF HUNTINGTON BEACH, -51. Y APWA IM'A C55OF-S-V a municipal corporation of the State A C A LI fV?-t4\ of California By: William D Schmicker (print name) Director of Pubic Works ITS: (circle one� ; �rent,"dice 11ftsident'General Partner ATTEST: DASCH, Inc California rporation Ci erk By: ( U t To RESOLUTION NO 003-19)) Paula Short (print name) REVIE APPROVED: ITS: (circle oney'Secretary hief Financial Officer/Assistant Secretary ity Administrator APPROVED AS TO FORM: r City Attorney agwJcity wcde/special utility easement 3 9 EXHIBIT "A" LEGAL DESCRIPTION WATER LINE EASEMENT BEING A PORTION OF LOT "A", AS SHOWN ON TRACT No. 6675 FILED IN BOOK 436, PAGES 47 AND 48 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT "A" SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" SOUTH 29000'00" WEST A DISTANCE OF 100.00 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY LINE; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT "A" NORTH 48006'14"WEST A DISTANCE OF 25.65 FEET TO A POINT ON A LINE BEING PARALLEL AND DISTANT 25 FEET NORTHWESTERLY AT RIGHT ANGLES FROM SAID SOUTHEASTERLY LINE OF SAID LOT "A"; THENCE ALONG SAID PARALLEL LINE NORTH 29000'00" EAST A DISTANCE OF 94.28 FEET TO THE NORTHEASTERLY LINE OF SAID LOT "A"; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 61000'00" EAST A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING. EASEMENT AREA= 2,428.85 SQ. FT. (0.056 ACRES) MORE OR LESS SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD,IF ANY. LEGAL DESCRIPTION PREPARED BY: v ' No t.S6240 KRIS R.WINCHAK,L.S.NO.6240 DATE 4p ��OF CA►.l�� e SHEET 1 OF 1 EXHIBIT oa B" AS DESCRIBED ON THE ATTACHED EXHIBIT"A" AND BY THIS REFERENCE MADE A PART HEREOF SCALE 1"=30' AV o0 o° S6,o LOT A sos24 00,ooh� TRACT NO 6675 MM 436/47-48 TRUE POINT OF �S00, BEGINNING MOST EASTERLY CORNER LOT A S6 Q' � 0 °00 N Cb �0Est.. ? 0p4 �2 o0 0 LEGEND PROPOSED WATERLINE \ 1.AWD & EASEMENT DEDICATION S�O KRIS R. - - - - PROPERTY LINE 2S " WINCHAK 6S No. LS6240 Exp TRACT,4o 10004 OF CAS-t�0� BASIS OF BEARINGS MM 41811-4 THE BEARING OF N 49' 34'20" E FOR THE NORTHWESTERLY LINE OF TRACT No 6675 MM 436/47-48 RECORDS OF ORANGE COUNTY, CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS MAP *i f ACKNOWLEDGMENT State of California County of Contra Costa ) on May 26th, 2010 before me, Christine M Johnson, Notary Public (insert name and title of the officer) personally appeared William D Schmicker and Paula Shorf who 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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct INON JON WITNESS my hand and official seal CMRISTttdE M.Commission At 117=3910MIK Notary Pubttc-CaoltorrNo so Contra Costa County comet. aant Signature (Seal) ACKNOWLEDGMENT State of California ) ss County of Orange ) On August 30, 2010 before me, P.L Esparza,Notary Public for the State of California, personally appeared Joan L Flynn 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 Commission i 1ti57021 i Notary Public-California z Orange County My Comm Ex Tres Au 4,2013 (Notary Signatuy�