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Home My WebLink AboutParksville Investment, LLC by Richard Kim - Managing Member and Jay Kim - Managing Member - 2010-09-20 This Document w-s electronically :,-corded by • City 0untington Beach Recorded in Official Records, Orange County Tom [D[[flflallpy,p Clll'err[[k��-Recorppde��r pplIpp�� IIII RECORDING REQUESTED BY ) IIIIIILIIW�WVWVVI�IIVIVWI�I�u NO FEE AND WHEN RECORDED RETURN TO: 2010000617050 02:21pm 11/18/10 3 401 Al2 9 h.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 City Clerk ) City of Huntington Beach ) - 2000 Main Street Huntington Beach, CA 92648 ) 63U 1 4164 /'/a _ S//— D/ �Ap"119 f_0a) [Space above this line for Recorder's use.] 7 T M C�/l J This document is exempt from recording fees pursuant to CJATb� GIJc�cnT Government Code Section 6103. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration, receipt of which is hereby acknowledged, Parksville Investment, LLC, a California Limited Liability Company, (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. agreelcity 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 i 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 1 O , 2010. GRANTOR CITY OF HUNTINGTON BEACH, Parksville Investment, LLC a municipal corporation of the State a California Limited Liability C776 y of California d By: RICHARD KIM (print name) Director of ublic Works ITS: (circle one) Chairman/President/ i President/Assistant Secretary anaging Member ATTEST: City Clerk By: URSUANT TO RESOLUTIO O.2003-29) JAY KIM (print name) APPROVED AS TO FORM: ITS: (circle one) Chairman/President/Vice President/Assistant Secretary anagi ng M ber L-tk� r �d/�� City Attorney REVIEW ND APPROVED: City Administrator agree/city wide/special utility easement 3 EXHIBIT iWI WATERLINE EASEMENT DESCRIPTION THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP FILED IN BOOK 123, PAGES 17 AND 18 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 89025'05" WEST 83.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHERLY LINE, SOUTH 00034'55" EAST 8.00 FEET; THENCE SOUTH 89°25'05" WEST 23.16 FEET; THENCE SOUTH 00034'55" EAST 12.00 FEET; THENCE SOUTH 89025'05" WEST 26.90 FEET; THENCE SOUTH 00°36'54" EAST 280.55 FEET; THENCE SOUTH 89010'47" EAST 52.07 FEET; THENCE SOUTH 00049'13" WEST 10.00 FEET; THENCE NORTH 89010'47" WEST 61.83 FEET; THENCE NORTH 00036'54" WEST 172.38 FEET; THENCE SOUTH 89023'06" WEST 78.72 FEET; THENCE NORTH 00036'54" WEST 10.00 FEET; THENCE NORTH 89°23'06" EAST 78.72 FEET; THENCE NORTH 00036'54" WEST 111.04 FEET; THENCE SOUTH 89025'05" WEST 14.26 FEET; THENCE NORTH 00034'55" WEST 10.00 FEET; THENCE NORTH 89025'05" EAST 14.25 FEET; THENCE NORTH 00°36'54" WEST 6.89 FEET TO SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE NORTH 89025'05" EAST 60.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,277 SQUARE FEET MORE OR LESS. SEE EXHIBIT B, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS, RIGHTS OF WAY EASEMENTS, IF ANY, OF RECORD. ��0�No Sv9G MARK R. �.4 r U DANIELSON O J Np.78W tP .12/31/2010 OF CAL`�*OQ�� WaterEasement 8-16-10 EXHIBIT 'Br WATERLINE EASEMENT MAP EDINGER o AVENUE c v, N 89'25'05" E (P d p 1 v� { Scale: 1"=40' _ 3 Ion NORTHERLY LINE EASE ENT 20' OF PARCEL 1 0 304.00' 40' N 89'25'05" E 60.08' 83.40' L7 0 , 1 o a L6 `' 23.16' n S 89'25'05" W NE CORNER OF PARCEL 1 c L4 1 L3 PARCEL MAP 1 BK. 123, PGS. 17 & 18 d z 0 0 N I 1D 3 WATERLINE EASEMENT AREA :n M O z PARCEL1 3 PARCEL MAP BK.123,PGS. 17&18 — N 89'23'06' E z N 00'36'54" W 10.00' �- S 89'23'06' W T778.72' n LINE TABLE LINE LENGTH BEARING Lt 8,00' ---00'34'55" E L2 12.00' S 00'34'55' E L3 6.90' S 89 25'05' W L4 14.26' S 89'25'O5" W L5 1 1 .00, N 34'55" W L6 14.25' N 89'25'05" E SAND S��LF L7 6.89' N 00'36'54' W MARK R. ,t } o DANIELSON p 7882 w N Exp.12131/2010 n w$ US 3 00 b N o Z S 8910'47' E o o ) 52.07' — z ui S 0949'13" W 10.00' fi1.83' N 89'10'47" W -�-- N 89'25'05" E 189.00' ACKNONVLEDGNMNT State of California County of 105 On t\�u y Z l v before mc, ..a-- f0c-4.' lne-z r V')O�ca� `Po w"6 /P (insert name and title of the officer) personally appeared , w}xo proved to me on the basis of satisfactory evidence to be the person i whose name(sy is/ae� subscribed to the within instrument and acknowledged to me that helsWt/coy executed the same in his/her/th it authorized capacity(ies), and that by his/hodtheidr-signa"(s)-on the instrument the person(sa;or the entity upon behalf of which the person(sr)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. ISETH MARTMOZ f' COMM.01713373 0 WrINESS my hand and official seal. w NOTARYt'LIM-CAUFORMA `M (n > Los Angeles County n Commission Expires December 30,2010 Signatm (Seal) (this area for offi!�notarial sef►I) Government Code 27361.7 I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: Name of the Notary: z�0 "\ .Date Commission Expires: 3 l County Where Eozid is Piled: L � Commission Number: I -�) Manufacturer/Vendor Number. Place of Execution: Date: Signature. � _ �� I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: ]Place Execution: _ �-G 2' A"7'Lei C,_'''6`' Date: 5 &CAPT u' 2-0 L Signature: �� r ACKNOWLE DGWNT State of California County of Los AG je__-5 On before me, tNAZXq 19y �a'L (insert name and title of the officer) personally appeared � f�-j �=� y"� -- who proved to me on the basis of satisfactory evidence to be the person(#whose name(s)is/am subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in his'/her/tbei"r authorized capacity(ies%and that by UAer/theif sigtnatuze(syon the instrument the penon(s), or the entity upon behalf of which the person(syacted, executed the instrument. I certify under PENALTY OF PERRMY under the laws of the State of California that the foregoing paragraph is true and correct IBE1°W AARTM L WITNESS my hand and official seal. U COMM. "793373 tvbl� f Signature A �;r), C t `gyp' (Seal) con� ao,2010 (this area for official notarial seat) Government Code 27361.7 I certify under penalty of perjury that the Notary Seal on the document to which this statement is attached reads as follows: Name of the Notary: -� ' � - ��`��, J Date Commission Expires: I l--- 30 a- 2c l County Where Bond is Filed: Commission Number: t�"( 1 3 - Manufacturer/Vendor Number: Place of Execution: Date: Signature: r I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: Place Execution: S V ,_(V_5 Date: _5 e P T-, Signature: r ACKNOWLEDGMENT State of California ) ss County of Orange ) On October 7, 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. P. L. ESPARZA WITNESS my hand and official seal. Commission# 1857021 •'® Notary Public-California Z Orange County D My Comm.Expires Aug 4.2013 otary Signature/f ® City of Huntington Beach e. 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK ® JOAN L. FLYNN CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated SEPTEMBER 20, 2010, from PARKSVILLE INVESTMENT, LLC to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 12, 2010 CITY OF HUNTINGTON BEACH J AN L. FLYNN, CMC CITY CLERK g./foll wup/deeds/deedeert2002.doc Government Code§27281 Sister Cities: A ►�i�cdd )ie Waitakere, New Zealand Telephone:714-536-5227)