HomeMy WebLinkAboutSeacliff Partners - 1996-03-15 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
`W
City of Huntington Beach -
2000 Main Street 'tip
Huntington Beach, CA 92648
Attn: City Clerk
WITH A COPY TO:
Seacliff Partners
c/o Pacific Coast Homes
23 Corporate Plaza, Suite 250
Newport Beach, CA 92660-7912
Attn: Law Department
DOCUMENTARY TRANSFER TAX$00.00
No consideration given
APN: 110-231-05
THIS SPACE FOR RECORDERS'USE ONLY
EASEMENT AGREEMENT
(Seapoint Public Utilities)
THIS EASEMENT AGREEMENT (the "Agreement") is entered into as of
1t5 > 1996 by and between SeacliffPartners, a California general
partnership, (hereafter referred to as "Grantor"), and City of Huntington Beach, a California
municipal corporation, (hereafter referred to as "Grantee").
RECITALS
A. By a quitclaim deed recorded February 17, 1994, as Document No. 94-0119887
Grantor is the successor in interest to a non-exclusive easement for pipelines purposes situated in
the City of Huntington Beach, County of Orange, State of California, as described on Exhibit A
attached hereto and by this reference made a part hereof(the "SeacliffEasement") as reserved by
Seacliff Estates in a Partnership Grant Deed recorded on May 29, 1984 as Document No. 84-
220849.
B. Grantee desires a non-exclusive easement in the Seacliff Easement, for the purpose
of installing and maintaining a public sewer and traffic signal conduit and other utilities.
C. Grantor is willing to grant such an easement on the terms and conditions of this
Agreement.
Oceancrest/Seacliff easement 1 03/14/96
NOW THEREFORE, for and in consideration of the mutual covenants and obligations
herein contained and other good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, it is hereby agreed ad follows:
l. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement
in perpetuity over, under and across the Seacliff Easement (the "Easement") for.the purposes
identified in Paragraph 2 below and otherwise subject to the terms of this Agreement.
2. Purpose and Use of the Easement. The Easement shall be used for the
construction, maintenance, operation and repair of a public sewer and traffic signal conduits and
other utilities. Grantee accepts and acknowledges that this easement is non-exclusive and that
certain improvements have already been constructed within the Easement. Grantee shall
indemnify, protect, defend and hold harmless Grantor and the directors, officers, employees and
agents of Grantor, from any and all damages, losses, liabilities, costs or expenses whatsoever
(including reasonable attorneys' fees and costs) and claims therefor, whether direct or indirect,
known or unknown, foreseen or unforeseen, which may arise on account of or in any way
growing out of or connected with the construction, maintenance, operation and repair of the
public improvements or other utilities in the Easement.
3. Entire Agreement. This Agreement constitutes the entire agreement between
Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Agreement are of no force and effect. Any
amendment to this Agreement shall be of no force and effect unless it is in writing and signed by
the Grantor and Grantee.
4. Successors and Assigns. This Agreement shall be binding on and shall inure
to the benefit of the heirs, executors, administrators, successors and assignees of Grantor and
Grantee, except as otherwise provided in this Agreement.
5. Attorneys'Fees. In the event that a party brings any action or files any
proceeding in connection with the enforcement of its respective rights under this Agreement or as
a consequence of any breach by the other party hereto of its obligations hereunder, each party
shall be responsible for its own attorneys'fees.
6. Governing Law. This Agreement shall be construed under and enforced in
accordance with the laws of the State of California.
7. Further Assurances. Each party hereby agrees to do all such things and take all
such actions, and to make execute and deliver such other documents and instruments, as shall be
reasonably requested by the other party to carry out the provisions, intent and purpose of this
Agreement.
Oceancrest/Seacliff easement 2 03/14/96
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"Grantor"
Seacliff Partners
a California general partnership
By: Pacific Coast Homes,
a California corporation
Its: general partner
By:
Its: Vz
"Grantee"
CITE' OF HUNTINGTON BEACH,
a Municipal corporation of the
State of California
Mayor ,
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney,
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administra Director of b Works
ACKNOWLEDGMENTS ATTACHED] -7
Oceancrest/Seacliff easement 3 03/14/96
j
STATE OF CALIFORNIA )
ss
COUNTY OF
On before me, l./- c/. Notary
Public, sonally appeared �� '�dHif/d/� �Z 1Z
Iersonally known to me to be the person( whose name 04
i V subscribed to the within instrument and ackn ledged to me thaw executed the same in
/1i8�4�ex authorized capacityl<, and that b hi signature((on the instrument the person{#, or the
entity upon behalf of which the person(d acted, executed the instrument.
WITNESS my hand and official seal.
., J.J.LOPE
Commis 1087832
Not blic—California
Orange County
Feb 22,2000
Signature
0a. Z44=,51=
This area for Official Notarial Seal
Mroomfe.�ae�r�u.
STATE OF CALIFORNIA )
ss
COUNTY OF )
On before me, Notary
Public. personally appeared
personally known to me(or 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.
WITNESS my hand and official seal.
Signature
This area for Official Notarial Seal
Oceancrest/Seacliff easement 4 03/14/96
CALIFORNIA ALL-PURPObE ACKNOWLEDGMENT
State of
County of
On��� /3, -u a2__before me,
Date Name and Title of Offi.,(e.g.,'Jane Doe,Notary blic")
personally appeared Ole /���'k�4�-z.D� �Lcl�t�✓�� 000���"'\��
Name(s)of Signer(s)
❑personally known to me—OR droved to me on the basis of satisfactory evidence to be the person(s)-
whose names) is/ar$subscribed to the within instrument
and acknowledged to me that he/&heAhey executed the
same in his/ afMieir authorized capacity("),and that by
his/ge#Eheir signature(z)on the instrument the person(s),
VIRGINIA R. MELrON or the entity upon behalf of which the person(,).acted,
Commission#1290573 executed the instrument.
Notary Public-Cartfamia
Orange County
hVcormBip7mlanl WITNESS my hand and official seal.
Signature of Notary ublic
OPTIOIAL
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
Title or Type of Document: 7"
A�� Ad--A3/-0i_
Document Date: Number of Pages: _.z _
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator - ❑ Guardian or Conservator - �I�---
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL®PURiPOmt ACKNOWLEDGMENT �
State of � �/ d•��//.�
County of
On Zdd Z before me, /!/ / Ike l d2161
Date t Name and Title of Officer(e.g.,"Jane Doe,Notary lic")
personally appeared z:� ,pAyyl&-
Name(s)of er(s)
Xpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persons)-
whose name(s) is/axasubscribed to the within instrument .
and acknowledged to me that.he/she/they executed the
same in his/her/th4@4r authorized capacitykes),and that by
his/her/their signature(}on the instrument the person/
VIRGINIA R. 2N& or the entity upon behalf of which the person*-acted,
# executed the instrument.
-C0111bm!®
Ckange fl
h410 mE*&wjanM=6 WITNESS my hand and official seal.
Signature of Wotary 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
Title or Type of Document: � j�l?Eh/T �4t-E �/LJT
Document Date: �r � �S Pages:,414 /` ,,�� Number of Pa
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee _
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 71 B4-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
EXI3IBI'I' wAw t
LEGAL DESCRIPTION
FOR
40' EASEMENT
THOSE PORTIONS OF SECTION 3 AND 4, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN
BERNARDINO MERIDIAN, IN .THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET IN
WIDTH DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN
AS "NORTH 68°20'52" EAST 1788.78 FEET" FOR THAT PORTION OF THE
NORTHWESTERLY RIGHT-OF-WAY LINE FOR SEAVIEW BOULEVARD(NOW SEAPOINT
STREET); 100.00 FEET WIDE, AS SHOWN ON THE MAP FILED IN BOOK 166, PAGES 10
AND 11 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER (SEAVIEW
AVENUE AS SHOWN ON SAID PARCEL MAP); THENCE ALONG THE NORTHWESTERLY
LINE OF SAID SEAVIEW BOULEVARD(NOW SEAPOINT STREET)NORTH 68°20'52"EAST
1,788.78 FEET TO THE BEGINNING _OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET; THENCE NORTHEASTERLY
89.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°49'08" TO A
POINT ON THE CURVE WHICH HAS A RADIAL BEARING THROUGH SAID POINT OF
SOUTH 28°28'16" EAST; THENCE LEAVING THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF SAID SEAVIEW BOULEVARD NORTH 42010'51"WEST, 41.24 FEET TO A POINT
ON A LINE PARALLEL WITH AND 40.00 FEET NORTHWEST, MEASURED AT RIGHT
ANGLES,OF THE NORTHWESTERLY LINE OF SAID SEAVIEW BOULEVARD,SAID POINT
BEING ON A CURVE CONCAVE NORTHWESTERLY,HAVING A RADIUS OF 710.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 27040156" EAST, THENCE
SOUTHWESTERLY 74.72 FEET ALONG SAID CURVE AND SAID PARALLEL LINE,
THROUGH A CENTRAL ANGLE OF 06001'48"; THENCE SOUTH 68°20'52"WEST 1788.23
FEET ALONG SAID PARALLEL LINE 40.00 FEET NORTHWESTERLY OF THE
NORTHWEST LINE OF SAID SEAVIEW BOULEVARD TO THE EASTERLY LINE OF
PARCEL 4 OF THE ABOVE REFERENCED PARCEL MAP; THENCE SOUTH 20`51'46"
EAST 40.00 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 4 TO THE POINT OF
BEGINNING.
VWDEN & EXHIBIT "A"
LEGAL DESCRIPTION
SOCIAT'ES FOR
40' EASEMENT
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. NO. 0755-273-2X5 Date 1 24 94
18012 COWAN.SUITE 210•.IRVIN£,CA 92714
714/660-0110 FAX:6"18 Engr. D.W. Chk. Sheet I of 2
fXttl81 *A-I*
5 2828160 E0z)
5 2m56_Eot) C �--- --- -
A = 06'4gW
� Z.�O'S R = 750.00'
N p• L = 892G'
SCALE: 10 300' •� irV
$
p M M
a �6GJ
e. 40'
�9 C4 A J
Q11-
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1
EASEM T FOR
PIPELINES AND
UTILITY PLRPOSES
Qa4F ESPOINT OF
40.00' BEGINNING
19402 29658' z
9-30-91 a / W 20 13 '4V W PALM
p>' AYM
CAt
AMK
EM -10
LDEN & SKETCH TO AGGWABNIYT A LEGAL DESCRIPTION
SS®CIATES FOR
40' EASENDIr
18012 COWAN, SUITE 210, IRVINE. CA 92714 W.O. NO. 0755-2ZLM Date 1/24/94
(714) 660-0110 FAX: 880-0418 En r.__2L__Chk. D•W" Sheet2—Of-2.
City of Huntin n Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
180
s 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
MARCH 15, 1996, from SEACLIFF PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP 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: June 15, 2010
CITY OF HUNTINGTON BEACH
JOAN L. FLYNN, CIVIC
CITY CLERK
Sister Cities: f 141 V*a 9a'k-g e, New Zealand Government Code§27281
(Telephone:714.536-5227)
•
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: February 21, 2002
SUBJECT: RLS 2002-0100. 1996 Easement Agreement Between the City of
Huntington Beach and Seacliff Partners.
lri`66ur,opinion, the best course of action for your office to take would be to ask that former
Mayor and Councilmember Dave Sullivan come to your office. At that time, have Mr. Sullivan,
in the presence of a notary public in your office, subscribe and acknowledge that it is his
signature, as the City's then Mayor, which appears on page 3 of this 1999 unrecorded easement.
We would not advise that you "white out" the 1996 signatures of Mr. Sullivan and yourself, and
then substitute the signature of the City's current mayor. Mr. Sullivan was the City's mayor in
1996 when the full City Council approved this easement agreement, and it is his signature that
you should notarize.
GAILHUTTON
City Attorney
71V
141a441C., 5� OlLo, .
yo —
rjw/02rnemos/RLS 02-0 100 Seacliff Partners Easement Agreement
�W P� OT-4 m
CITY 0. JUNTINGTON BEACH RLS No.
REQUEST FOR LEGAL. SERVICES Assn To
Gail Hutton, City Attorney Date
Date: Request made by: Telephone: Department:
02/19/02 Connie Brockway x5404 City Clerk's Office
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ❑ Bond
❑ Meeting ❑ Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ® Other: See Comments
Below
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ❑ Yes ® No
Unless otherwise specified herein, 1
If not for Council action, consent to the disclosure of the
If for City Council action, desired completion date: information contained in this RLS to all
membe s of the City Council.
Agenda Deadline
Council Meeting 03/08/02 Signature of Department/Head
COMMENTS
The attached Easement Agreement between Seacliff Partners and the City of Huntington Beach was not recorded with
the County Clerk-Recorder's Office as directed in the Recommended Action of Request for Council Action No. PW 96-018
dated April 15, 1996.
The Easement Agreement was signed at the time of Council approval (April 1996)with the use of signature stamps.
This inquiry is with regard to "whiting out' the previous Mayor and City Clerk stamped signatures and obtaining the current
Mayor and City Clerk original, notarized signatures to allow for the recordation with the Clerk-Recorder's Office. Is "whiting
out"the signature stamped signatures, etc. a plausible option? Please advise.
Attached:
Copy of RCA No. PW 96-018 dated April 15, 1996.
Copy of Easement Agreement dated March 15, 1996.
Routing: ❑ GCH ❑ PDA ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF ❑ JM ❑
This Request for Legal Services has been assigned to attorney
extension His/her secretary is , extension
Notes: File Name: Date Completed:
WP No.:
❑ Shaded areas for City Attorney's Office use only.
RLS-Recording 1996 easement agreement 2/15/2002 3:18 PM
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: April 15, 1996 Department ID Number: PW 96-018
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis
PREPARED BY: S M. JONES II, Director of Public Works
SUBJECT: Seapoint Street Utility Easement Agreement
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment
Statement of Issue: Seacliff Partners, the developers of Tract No.'s 14134 and 14647-
14653, inclusive, has requested that an Easement Agreement be recorded for a public utility
easement.
Funding Source: There is no cost involved with the recommended action.
Recommended Action: Accept the "Easement Agreement" from Seacliff Partners for a
utility easement northwest of Seapoint Street right of way and instruct the City Clerk to have
the document recorded with the County Recorder.
Alternative Action(s): Deny the recommended action.
REQUEST FOR COUNCIL ACTION
MEETING DATE: April 15, 1996 DEPARTMENT ID NUMBER: PW 96-018
Analysis: Tract No.'s 14134 and 14647-14653, inclusive, are known collectively as the
Surfcrest Development. As a part of the development of the Surfcrest project a number of
public utilities required installation in the area immediately northwest of existing Seapoint
Street between Palm Avenue and Doral Drive. These public utilities have been constructed
according to plans reviewed and approved by Public Works.
The recordation of the "Easement Agreement" will permit the City to operate and maintain
the public utilities as necessary.
Environmental Status: This recommended action to accept the assignment of easement is
exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant
to State CEQA guidelines, Cal. Admin. Code, title 14, Chapter 3, §15268(b).
Attachment(s):
1. Legal Description and Exhibit
2. Easement Agreement
MTU:LMJ:REE:JDO.j �
i
0017993.01 -2- 04/02/96 6:06 PM
Page 24 - Council/Agency Minutes - 04/15/96
(City Council) Community Services Commission Appointment Approved - Brahmbhatt
(110.20) - Appointed Mr. Chandulal Brahmbhatt to the Community Services Commission as the
Coast Community College District representative to complete Wendy Weber's term, to expire
June 30, 1996, as recommended by City Council liaisons Dave Garofalo and Dave Sullivan.
(City Council) Resolution No. 96-31 - Reserve For Economic Uncertainties Fund -
Reduction - Resolution No. 96-31 -Adopted (320.10) - "A RESOLUTION OF THE CITY OF
_ HUNTINGTON BEACH TO REDUCE THE CITY'S RESERVE FOR ECONOMIC
UNCERTAINTIES." The resolution reduced the amount in the Reserve for Economic
Uncertainties Fund to $3,000,000.
(City Council) Seapoint Street Utility Easement Agreement - Seacliff Partners - Pacific
Coast Homes - Tracts Nos. 14134 And 14647 And 14653 -North West Of Existing
Seapoint Street Between Palm Avenue And Doral Drive -Accepted (600.10) -Accepted
the "Easement Agreement" from Seacliff Partners for a utility easement northwest of Seapoint
Street right-of-way; authorized execution by the Mayor and City Clerk; and directed the City
Clerk to record same with the Orange County Recorder.
(City Council) Recommended Council Positions on Legislative Issues 40.40)
Supported AB 616 (Morrow) Modifies the Health and Safety Code regarding definition of
sleeping rooms.
Opposed AB 638 (Knight) Regarding Amending the Penal Code relative to concealed
weapon permits.
Opposed AB 2569 (Margett) Prohibit the Use of Eminent Domain in the acquisition of
commercial properties.
Support SB 805 (Monteith) Expands membership of the Commission on State Mandates;
State Library Funding Recovery; Support of the City of Temecula in its efforts to recover State
library funding; and directed staff to draft letters for the Mayor's signature to send to the
appropriate parties.
City Council) City Costs For Olympic Torch Relav Activities -Approved (320.20)
Amended the fiscal year 1995-96 adopted Budget by appropriating $14,205 into the following
department accounts: Police $5,587, Fire $603, Community Services-Marine Safety
(permanent) $300, (recurrent) $155, Beach Maintenance $2,460, Public Works $1,100, and
revised the fiscal year 1995-96 revenue estimates to increase them by$14,200. To be
reimbursed by additional revenue secured from public parking for the Olympic Torch Relay
activities.
'223
a
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
WITH A COPY TO:
Seacliff Partners
c/o Pacific Coast Homes
23 Corporate Plaza, Suite 250
Newport Beach, CA 92660-7912
Attn: Law Department
DOCUMENTARY TRANSFER TAX SOO.00
No consideration given
APN: 110-231-05
THIS SPACE FOR RECORDERS'USE ONLY
EASEMENT AGREEMENT
(Seapoint Public Utilities)
THIS EASEMENT AGREEMENT (the "Agreement") is entered into as.of
�VF_6k}- ►Gj , 1996 by and between Seacliff Partners, a California general
partnership, (hereafter referred to as "Grantor"), and City of Huntington Beach, a California
municipal corporation, (hereafter referred to as "Grantee").
RECITALS
A. By a quitclaim deed recorded February 17, 1994, as Document No. 94-0119887
Grantor is the successor in interest to a non-exclusive easement for pipelines purposes situated in
the City of Huntington Beach, County of Orange, State of California, as described on Exhibit A
attached hereto and by this reference made a part hereof(the "SeacliffEasement") as reserved by
Seacliff Estates in a Partnership Grant Deed recorded on May 29, 1984 as Document No. 84-
220849.
B. Grantee desires a non-exclusive easement in the Seacliff Easement, for the purpose
of installing and maintaining a public sewer and traffic signal conduit and other utilities.
C. Grantor is willing to grant such an easement on the terms and conditions of this
Agreement.
Oceancrest/Seacliff easement 1 03/14/96
NOW THEREFORE, for and in consideration of the mutual covenants and obligations
herein contained and other good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, it is hereby agreed ad follows:
1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement
in perpetuity over, under and across the SeacliffEasement(the "Easement") for the purposes
identified in Paragraph 2 below and otherwise subject to the terms of this Agreement.
2. Purpose and Use of the Easement. The Easement shall be used for the
construction, maintenance, operation and repair of a public sewer and traffic signal conduits and
other utilities. Grantee accepts and acknowledges that this easement is non-exclusive and that
certain improvements have already been constructed within the Easement. Grantee shall
indemnify, protect, defend and hold harmless Grantor and the directors, officers, employees and
agents of Grantor, from any and all damages, losses, liabilities, costs or expenses whatsoever
(including reasonable attorneys' fees and costs) and claims therefor, whether direct or indirect,
known or unknown, foreseen or unforeseen, which may arise on account of or in any way
growing out of or connected with the construction, maintenance, operation and repair of the
public improvements or other utilities in the Easement.
3. Entire Agreement. This Agreement constitutes the entire agreement between
Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Agreement are of no force and effect. Any
amendment to this Agreement shall be of no force and effect unless it is in writing and signed by
the Grantor and Grantee.
4. Successors and Assigns. This Agreement shall be binding on and shall inure
to the benefit of the heirs, executors, administrators, successors and assignees of Grantor and
Grantee, except as otherwise provided in this Agreement.
5. Attorneys'Fees. In the event that a party brings any action or files any
proceeding in connection with the enforcement of its respective rights under this Agreement or as
a consequence of any breach by the other party hereto of its obligations hereunder, each party
shall be responsible for its own attorneys' fees.
6. Governing Law. This Agreement shall be construed under and enforced in
accordance with the laws of the State of California.
7. Further Assurances. Each party hereby agrees to do all such things and take all
such actions, and to make execute and deliver such other documents and instruments, as shall be
reasonably requested by the other party to carry out the provisions, intent and purpose of this
Agreement.
Oceancrest/Seacliff easement 2 03/14/96
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"Grantor"
Seacliff Partners
a California general partnership
By: Pacific Coast Homes,
a California corporation
Its: general partner
By:
Its: Vic-u '�rtvs cx�
"Grantee"
CITY OF HUNTINGTON BEACH
a Municipal corporation of the
State of alifornia
Mayor
ATTEST: ! APPROVED AS TO FORM
City Clerk City Attorney s/shy b
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administra Director of bh Works
(ACKNOWLEDGMENTS ATTACHED]
Oceancrest/Seacliff easement 3 03/14/96
STATE OF CALIFORNIA )
ss
COUNTY OF
On before me, V• t/. ��/��� , Notary
Public, sonally appeared_D L 6 Zdw,,' /e
is
sonally known to me to be the person( whose name
subscribed to the within instrument and ackn ledged to me tha&§Jie ;executed the same in
/ham authorized capacity(<, and that bj,��ljL,;"signature((on the instrument the person* or the
entity upon behalf of which the person(d acted, executed the instrument.
WITNESS my hand and official seal.
J J.LOPE
W" Commiss 1087832
Z -eg Noto ublic—Calfornia
Orange County
F eb 22,2000
Signature a�
This area for Official Notarial Seal
d d LOPEZ
COrrffdftn#1007032
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MY Corm. Feb 2&
STATE OF CALIFORNIA )
ss
COUNTY OF
On before me, Notary
Public. personally appeared
personally known to me(or 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.
WITNESS my hand and official seal.
Signature
This area for Official Notarial Seal
Oceancrest/Seacliff easement 4 03/14/96
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
40' EASEMENT
THOSE PORTIONS OF SECTION 3 AND 4, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN
BERNARDINO MERIDIAN, IN :THE RANCHO LAS BOLSAS, CITY OF HUNTINGTON
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 40.00 FEET IN
WIDTH DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN
AS "NORTH 68020'52" EAST 1788.78 FEET" FOR THAT PORTION OF THE
NORTHWESTERLY RIGHT-OF-WAY LINE FOR SEAVIEW BOULEVARD (NOW SEAPOINT
STREET); 100.00 FEET WIDE, AS SHOWN ON THE MAP FILED IN BOOK 166, PAGES 10
AND I OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER (SEAVIEW
AVENUE AS SHOWN ON SAID PARCEL MAP); THENCE ALONG THE NORTHWESTERLY
LINE OF SAID SEAVIEW BOULEVARD(NOW SEAPOINT STREET)NORTH 68°20'52"EAST
1,788.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET; THENCE NORTHEASTERLY
89.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°49'08" TO A
POINT ON THE CURVE WHICH HAS A RADIAL BEARING THROUGH SAID POINT OF
SOUTH 28°28'16" EAST; THENCE LEAVING THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF SAID SEAVIEW BOULEVARD NORTH 42°10151" WEST, 41.24 FEET TO A POINT
ON A LINE PARALLEL WITH AND 40.00 FEET NORTHWEST, MEASURED AT RIGHT
ANGLES,OF THE NORTHWESTERLY LINE OF SAID SEAVIEW BOULEVARD,SAID POINT
BEING ON A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 710.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 27040'56" EAST, THENCE
SOUTHWESTERLY 74.72 FEET ALONG SAID CURVE AND SAID PARALLEL LINE,
THROUGH A CENTRAL ANGLE OF 06*01'48"; THENCE SOUTH 68°20'52" WEST 1788.23
FEET ALONG SAID PARALLEL LINE 40.00 FEET NORTHWESTERLY OF THE
NORTHWEST LINE OF SAID SEAVIEW BOULEVARD TO THE EASTERLY LINE OF
PARCEL 4 OF THE ABOVE REFERENCED PARCEL MAP; THENCE SOUTH 20°51'46"
EAST 40.00 FEET ALONG THE EASTERLY LINE OF SAID PARCEL 4 TO THE POINT OF
BEGINNING.
JWDEN & EXHIBIT "A"
LEGAL DESCRIPTION
S®CIATE' S FOR
40' EASEMENT
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0755-273-2X5 Date 1 24 94
18012 COWAN.SUITE 210 • IRVINE, CA 92714
714/660-0110 FAX:660•041t J . Engr. D.W. Chk. Sheet 1 of 2
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SS®CIATES FOR
40' EA SEM T
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. N0,0155-273—M3 pate 1/24/44
(714) 660-0110 FAX: 680-0418 En r.--RS _Chk. DX Sheeti2-0f_Z__