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HomeMy WebLinkAboutSignal Landmark - 2016-04-18 Dept ID PW 16-017 Page 1 of 2 Meeting Date 4/18/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/18/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a License Agreement with Signal Landmark to provide Landscaping and Other Improvements in the Public Right-of-Way at the Brightwater Project Statement of Issue Signal Landmark, the developer for the Brightwater Project, is required to execute a License Agreement with the City of Huntington Beach for maintenance of landscaping and other improvements within the public right-of-way along the project frontage Financial Impact No funding is required for this action Recommended Action Approve and authorize the Mayor and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and Signal Landmark to provide Landscaping and Other Improvements in the Public Right-of-Way" at the Brightwater Project (Attachment 1) Alternative Action(s) Do not authorize execution of the License Agreement and direct staff accordingly Without a License Agreement, the City would then be responsible for maintenance and liability within this public right-of-way area, increasing the maintenance responsibilities already burdened by City forces Analysis The project site is located south of Los Patos Avenue and west of Bolsa Chica Street (Attachment 2) The project developer (Signal Landmark) is required to execute a License Agreement with the City for maintenance of landscaping and other improvements within the public right-of-way The Agreement has been prepared, signed by the developer, and approved "as to form" by the City Attorney It is now ready for final City approval and execution The improvements covered by the agreement include landscaping (irrigation systems and plant material), entry monumentation at Bolsa Chica Street and Los Patos Avenue, Los Patos Cul-de-sac private decorative improvements, entry monumentation at Warner Avenue and Brightwater Drive, enhanced pavement surface treatment, and maintenance of water quality filtration systems at various locations Environmental Status The subject request is exempt pursuant to the California Environmental Quality Act HB -501- Item 9. - I Dept ID PW 16-017 Page 2 of 2 Meeting Date 4/1812016 Strategic Plan Goal Non-Applicable —Administrative Item Attachment(s) 1 License Agreement with Signal Landmark to provide Landscaping and Other Improvements in the Public Right-of-Way 2 Location Map for the Brightwater Project Item 9. - 2 HB -502- ATTACHMENT ?"FIA Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder H1 ih�11 �11 I 111� I NO FEE * $ R 0 0 0 8 3 3 4 5 1 2 $ RECORDING REQUESTED BY. 201600018773911:53 am 04128116 CITY OF HUNTINGTON BEACH 48 401 Al2 60 WHEN RECORDED MAIL TO: 0 00 0.00 0 00 0.00 177.00 0.00 0.00 0.00 City Clerk City of Huntington Beach P O Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code §6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK 1'0 PROVIDE LANDSCAPING AND OTHER IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and SIGNAL LANDMARK a California corporation, successor by merger to Signal Bolsa Corporation, a California corporation, hereinafter referred to as "Signal Landmark" or "Licensee " WHEREAS, Licensee is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is a residential planned development commonly known as Brightwater and more particularly described in the legal description attached hereto as Exhibit "A & B" and incorporated by this reference (the "Property"), and WHEREAS, City is the owner of certain public rights-of-way and other property in the immediate vicinity of the Property (the "Improvement Areas"), which Improvement Areas are more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference, and WHEREAS, in connection with and as a condition of annexation for the Property as a residential planned development, City desires to assign to Licensee responsibility for the installation and maintenance of landscaping and other improvements within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by Licensee and as reasonably approved by City and the County of Orange as their jurisdiction would apply, and By this Agreement, City and Licensee desire to clarify and specifically delineate each of their respective obligations with respect to the installation and maintenance of landscaping and other improvements within the Improvement Areas, 16-5101/13 l 083 1 RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P O Box 190/2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL LANDMARK TO PROVIDE LANDSCAPING AND OTHER IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement') is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and SIGNAL LANDMARK a California corporation, successor by merger to Signal Bolsa Corporation, a California corporation, hereinafter referred to as "Signal Landmark" or "Licensee " WHEREAS, Licensee is the owner of certain real property located in the City of Huntington Beach, County of Orange, State of California, which is a residential planned development commonly known as Brightwater and more particularly described in the legal description attached hereto as Exhibit "A & B" and incorporated by this reference (the "Property"), and WHEREAS, City is the owner of certain public rights-of-way and other property in the immediate vicinity of the Property (the "Improvement Areas"), which Improvement Areas are more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference, and WHEREAS, in connection with and as a condition of annexation for the Property as a residential planned development, City desires to assign to Licensee responsibility for the installation and maintenance of landscaping and other improvements within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by Licensee and as reasonably approved by City and the County of Orange as their jurisdiction would apply, and By this Agreement, City and Licensee desire to clarify and specifically delineate each of their respective obligations with respect to the installation and maintenance of landscaping and other improvements within the Improvement Areas, 16-5101/131083 1 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, City and Licensee covenant and agree as follows: 1. Grant of License Subject to terms and conditions hereinafter set forth, City hereby grants to Licensee, a non-exclusive, revocable license ("License") to install and maintain landscaping and other improvements within the Improvements Areas pursuant to the terms as set forth in this Agreement 2 Term The term of the License (the "Term") granted herein shall be perpetual, provided that City may terminate this Agreement upon thirty (30) days written notice to Licensee Licensee (for itself, and its successors and assigns) agrees that this Agreement and the rights and obligations contained herein run with the land, and are binding upon and shall insure to the benefit of the owner of the Property, as the burdened parcels, and the rights, and obligations contained herein shall bind and inure to the Licensee's successors in interest, assigns, heirs, executors, and/or personal representatives This Agreement and the covenants contained herein inures to the benefit of City as the owner of the Improvement Areas, as the benefited parcel 3. Termination In the event of any such termination and upon request by City, Licensee and its successors and assigns shall be obligated to restore the Improvement Areas to the condition specified by the City at the time of termination and to satisfy all City requirements pertinent to restoration of the Improvement Areas At the City's request the Licensee or its successors and assigns may be required to disconnect existing water and electrical supply sources to the Improvement Areas from the Property, and construct and reconnect alternative water and electrical supply sources to the Improvement Areas to the satisfaction of City 4. Description of Improvements All Improvements installed within the Improvement Areas shall be as depicted on those certain plans and specifications as approved by the City and/or County of Orange The landscaping and other improvements within the Improvement Area for which Licensee , at its sole cost at no expense to the City, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the"Licensee's Improvements" and includes the following. a Landscaping Irrigation Systems and Plant Material. Plants and trees in accordance with the landscaping plans submitted by Licensee and approved by the City, and the irrigation systems serving the same including a 2 foot high raised planter in the street median of Bolsa Chica Street as depicted in Exhibit 1-3 incorporated herein by this reference, and b Entry Monumentation A wall ten (10) feet six (6) inches high and trellis element in the parkway, median, sidewalk and front setback at the east and west corners of Bolsa Chica Street and Los Patos Avenue as depicted in Exhibit 1-3 incorporated herein by this reference, and 16-5101/131083 2 c Los Patos Cul-de-sac area All private and decorative improvements including, enriched paving in the private drives; pavers; structures; decorative lighting; fencing, irrigation and plantings installed up to the northerly nght-of-way line of Los Patos Avenue and west of the curb line at the end of the cul-de-sac to Bnghtwater Drive as depicted in Exhibit 3-3 incorporated herein by this reference, and d Entry Monumentation at Warner Avenue and Brightwater Drive. All private and decorative embellishments, including all stonework, walls, gates to the lift station facility and the gas facility, including pavers, landscape irrigation, planting, decorative lighting, trails and kiosks as depicted in Exhibit 3-3 incorporated herein by this reference, and e. Enhanced Pavement Surface Treatment All enhanced pavement surface treatment located within the Improvement Areas that may be affected by maintenance and/or repair of public water facilities (i.e., pipelines, meters, fire hydrants, valves, meter boxes, vaults, and appurtenances that Licensee is required to maintain and/or repair pursuant to the Special Utility Easement Agreement as defined in Paragraph 5(d) below, which provides for maintenance and / or replacement of certain improvements within a public water pipeline easement and further provides that the City shall have no obligation for the maintenance, repair, or replacement of enhanced pavement treatments resulting from City maintenance and repair to public water improvements and appurtenances located within the Improvement Areas; and f Filterra Systems. Filterra System located on Los Patos Avenue and Bnghtwater Drive, and maintained per the manufacturer's recommendations and to the NPDES and DAMP requirements Exhibits 2-3 and 3-3. 5 Maintenance Responsibilities At Licensee's sole cost and expense, Licensee agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to sidewalk cleaning, trash disposal; signs, watering, repairing and/or adjusting irrigation systems when failures occur, fertilizing, cultivating, edging, performing general planting and tramming or other corrective gardening, spraying grass and plants with both insecticides and herbicides, and, generally keeping the Improvement Areas in a clean, safe and attractive condition, taking into consideration normal growth of the landscape materials and a continuation of the aesthetic quality of the area Licensee agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free from any objectionable noises, odors or nuisances and to comply with all health and police regulations, in all respects at all times Licensee agrees to dispose of litter and debris in a sanitary and legal manner and location All of the responsibilities listed in this Paragraph 5 (including subparts) shall collectively be referred to as "Maintenance Responsibilities " a Maintenance of Trees and Plants Licensee's maintenance obligations shall include watering, repairing, maintaining, adjusting and monitoring irrigation systems when failures occur, fertilizing, edging, performing general planting and trimming or other corrective maintenance, spraying with insecticides and herbicides, and generally keeping the Improvement Areas in a 16-5101/131083 3 clean, safe and attractive condition, taking into consideration normal growth of the landscape matenals and a continuation of the aesthetic quality of the Improvement Areas, including but not limited to the following: i Provide and apply fertilizer as necessary to sustain healthy growth. Maintain a separate irrigation system and pay all repairs, water and electncal cost u Maintain the Improvement Areas to allow access by City personnel to City facilities and in a condition that is free from weeds, debns and harmful insects at all times iii Keep plantings trimmed to eye pleasing appearance IV Use only those pesticides and fertilizers approved by the State of California and in a manner consistent with label and legal restnctions. v Remove and replace unhealthy, dead, invasive or unplanned plantings as they are observed. vi Keep the entire area policed and free of litter and deleterious material Licensee shall provide trash pick-up, sweeping, and clean-up as required to guarantee no offensive odors, gum, wax, litter, liquids or other matenals are allowed to remain on or stain paving, planters, containers, decorative features, artwork or other surfaces Catch basins shall be cleaned at a minimum of once per year prior to the beginning of the rainy season (October 1 St) More cleanings may be required to maintain a sanitary, free flowing and odorless site condition Building maintenance activities including all clean-up, window waslung, refuse enclosure and container cleaning, landscape maintenance, steam cleaning, etc , shall meet all "O" discharge requirements, i e., "Full Waste Water Recovery Systems." Refer to the approved Water Quality Management Plan (WQMP), including sections N 11,N 15, and Structural Best Management Practices (BMP's) for restrictions and requirements. vii Maintain, repair and operate irrigation system in a manner that prevents water from flooding onto the nght-of-ways. viii All tree trimming shall be done by an LS A Certified Arbonst or an I S A. Certified tree worker under the direct supervision of an I.S.A. Certified Arborist. Said trimming shall be per the International Society of Arbonst, A.N.S.I 300A standards. Any tree work not conforming to these requirements shall be subject to damage assessment by the 16-5101/13110831 4 City of Huntington Beach Tree Supervisor. Damages may potentially lead to penalties which can involve removing and replacing the damaged tree with an approved replacement of the same size that was originally planted, and payment of fines equal to the value of the original (damaged) tree Any fines shall be payable by the contractor or persons responsible to the Home Owners Association and/or the City ix If for any reason Licensee is unable to maintain the area in a manner satisfactory to the City, Licensee shall re- landscape the area to a condition acceptable to the City at Licensee's sole cost and expense x Remove landscaping and restore area to original condition prior to planting or to a condition acceptable to City representatives in the event this Agreement is terminated under the terms set forth herein xi Control and maintain the Improvement Areas such that no landscaping or plant materials growth, or irrigation water spray, obstructs or hinders vehicular or pedestrian traffic, or encroaches across or onto any bicycle path, sidewalk, public access area, the street right-of-way from the edge of the curb/gutter to the center of any street right-of-way. xii. Conform to all applicable Best Management Practices set forth in the City of Huntington Beach Local Implementation Plan Section A-9 Existing Development Exhibit A-9 11 BMP Fact Sheet 1 C7 Landscape Maintenance and the Arboricultural and Landscape Standards Specification issued by the Department of Public Works xiii Filterra System shall be maintained pursuant to manufacturer's recommendations and to the NPDES and DAMP requirements b. Utilities Serving the Improvement Areas Licensee shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas Licensee shall be responsible for using such utilities in a safe and hazardless manner, complying in all respects with applicable codes and ordinances. C. Signage Licensee shall repair and maintain in perpetuity any signage constructed and installed on the Improvement Areas 16-5 101/131083 5 d Special Utility Easement Agreement All maintenance, repair and restoration responsibilities relating to the enhanced pavement surface treatment located within the Improvement Areas that may be affected by maintenance and/or repair of public water facilities (i e , pipelines, meters, fire hydrants, valves, meter boxes, vaults, appurtenances, etc ) as more fully set forth in that certain Special Utility Easement Agreement recorded on May 25, 2010 with the Office of the Orange County Clerk/Recorder as Instrument No 2010000244850 ("Special Utility Easement Agreement" a copy of which is attached hereto as Exhibit D and incorporated herein by this reference 6 Plans and Specifications Throughout the term of this Agreement, Licensee shall perform, at its sole cost and expense, any and all repair, replacements or refurbishing to the Improvement Areas as necessary to bring the Improvement Areas into an operating condition, all in accordance with plans and specifications as submitted by Licensee to City and/or County of Orange, as applicable, which plans and specifications shall be subject to the prior written approval of City 7 Material Alterations After the approval of the plans and specifications and the installation of the improvements in the Improvement Areas in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Areas without the prior written consent of City 8 City Requirements Licensee, or anyone performing work on behalf of Licensee, shall possess an active City business license for any work performed on the Improvement Areas Furthermore, Licensee, or anyone performing work on behalf of Licensee, shall acquire the proper encroachment permit and comply with all other City requirements prior to performing any work on Improvement Areas in the public right-of-way 9 City Right to Inspect City shall have the right to inspect the Improvement Areas at any time to ensure that Licensee is performing its obligations hereunder City and Licensee shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections 10 Damageprovement Areas Any damage caused to any pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a result of the installation of the landscaped material installed on the Improvement Areas and / or the performance of the maintenance responsibilities of the Improvement Areas, Licensee agrees to repair same at its own expense In the event that damage is caused by the acts of any person to any portion of the landscaped area or in the event any equipment is broken or breaks or is destroyed or in the event vegetation rots or dies, said equipment or vegetation shall be replaced or restored within ten calendar days of the date of the breakage or destruction Stolen items will be considered destroyed for purposes of this Section 10 11 Repair by City Except as otherwise provided for in this License or the Special Utility Easement Agreement, in the event any damage is caused to any of the Licensee's Improvements within the Improvement Areas as a result of the installation, maintenance and/or repair work performed by the City or its contractors, agents or employees within the Improvement Areas, City shall promptly repair the same at its own expense 16-5101/131083 6 12. Cooperation. In the event both Licensee and City are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them To the extent maintenance of any of the Licensee's Improvements require access to any real property owned by the California Department of Transportation, rather than City, City shall cooperate with Licensee by contacting said California Department of Transportation on behalf of Licensee in order to obtain the necessary permits, approvals and/or agreements required to permit Licensee such access 13 Mechanics' Liens. Licensee agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Areas by reason of any work, labor, services or material performed at or furnished to the Improvement Areas, by or through Licensee, or to anyone holding the Improvement Areas through or under the Agreement Licensee shall, at its sole cost and expense, cause any mechanics' lien(s) which may be filed against the Improvement Areas to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics" hen(s) Nothing in this Agreement shall be construed as consent on the part of the City to subject the City's estate in the Improvement Areas to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California 14 Assignment The License herein granted is personal to Licensee any attempt to assign the License to any other entity shall require the prior approval of the City and is subject to the provisions set forth in Section 38 below Other than the License granted hereunder, Licensee hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of Licensee's use or occupancy of the Improvement Areas, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein, it being understood that the delegation and assignment to the to the Brightwater Maintenance Corporation, a Califorma non-profit mutual benefit corporation (`BMC") or a similar organization having the same qualifications for membership and formed for the same purposes as an Association of homeowners as provided in the California Civil Code, shall be deemed to be valid assignment . Licensee shall give notice in writing to City of any such assignment and delegation, such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices Licensee hereby covenants for itself and its successors and assigns, that conveyance of any interest in the Property to such homeowners association shall constitute an assumption by any successors, assigns or transferees of Signal Landmark, of the obligations under tlus License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License BMC or such other homeowners association shall thereafter assume any and all obligations or responsibilities, and Licensee shall thereafter have no further liability with respect to the obligations created by this License 15 Workers Compensation Insurance Pursuant to Califorma Labor Code §1861, Licensee and its successors or assigns acknowledges awareness of Section 3700 et seq of said California Labor Code, which requires every employer to be insured against liability for workers' compensation Licensee covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this license Licensee shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at 16-5101/131083 7 all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to City Licensee shall require all subcontractors retained by Licensee to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance and Licensee shall similarly require all subcontractors to waive subrogation 16 Other Insurance In addition to the workers' compensation insurance in Section 15 above and Licensee's covenant to indemnify City in Section 18 below, Licensee or its successors or assigns shall obtain and furnish to the City and carry at all times incident hereto, on all activities to be performed in the Improvement Areas as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to City Said insurance shall name the City, its officers, agents, and employees (the "Additionally Insured Parties") as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be undertaken by Licensee concerning the Improvement Areas shall be deemed excess coverage and that Licensee's insurance shall be primary and non- contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the mimmum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to Licensee shall also be available to the Additionally Insured Parties Said policy of insurance shall pay on behalf of Licensee, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability ansing out of or in connection with all activities to be undertaken by Licensee concerning the Improvement Areas affected by the License Licensee shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, Licensee shall immediately notify City of any known depletion of limits Licensee shall require its insurer to waive its subrogation rights against City Under no circumstances shall said above mentioned insurance contain a self-insured retention, or "deductible" or any similar form of limitation on the required coverage in excess of Twenty Five Thousand Dollars ($25,000 00) Licensee shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of Licensee by this Agreement 17 Certificate of Insurance, Additional Insured Endorsements. Prior to conducting any activity pursuant to this Agreement, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force, and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to, City Licensee shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of Licensee under this Agreement City or its representative shall at all times have the right to demand a copy of all said 16-5101/131083 8 policies of insurance Licensee shall pay, in a prompt and timely manner, the premiums on all insurance heremabove required A separate copy of the additional insured endorsement to Licensee's liability policy as required hereunder, naming the Additionally Insured Parties as Additional Insureds, shall be provided to the City Attorney for approval prior to the commencement of any work by Licensee pursuant to this Agreement. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. Licensee shall require all subcontractors to name Licensee, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad. Licensee shall verify that every subcontractor policy endorsement complies with the requirements set forth herein 18 Indemnification and Hold Harmless Licensee hereby agrees to protect, defend, indemnify and hold and save harmless City, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified Party), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be undertaken by Licensee (or Licensee's officers, employees, agents, contractors, licensees, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the Licensee, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "Licensee Parties"), including but not limited to concurrent active or passive negligence of the Licensee Parties, except to the extent caused by the negligence or willful misconduct of City or any of its agents, contractors, subcontractors, officers, or employees. Licensee shall conduct any defense required hereunder at its sole cost and expense 19 Independent Contractor Licensee agrees that all work done or undertaken by it on the Improvement Areas shall be for its sole account and not as an agent, servant or contractor for City License agrees to indemnify and hold City harmless from and against all claims or liens of workers and material suppliers 20 Rules and Regulations Licensee agrees to obey and observe (and cause its officers, employees, contractors, licensees, invitees and all other doing business with Licensee to obey and observe) all rules and regulations of general applicability regarding the Improvement Areas as may be reasonably established by City at any time and from time to time during the Term of this Agreement 21 Default In the event Licensee does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, City shall first provide written notice to Licensee in the manner and at the address for notices provided in Section 23, describing the alleged default by Licensee. If Licensee fails to cure said default within ten (10) calendar days following the date of delivery of such notice of default, City may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed 16-5101/131083 9 to and billed directly to the Licensee Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred Payment from Licensee shall be due within thirty (30) calendar days following the date of receipt of invoice A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid In addition, one and a half(1- 1/2%) interest per month shall be added for each month payment hereunder is due but unpaid In the event City fails to perform its obligations hereunder after a reasonable period of time, including, but not limited to, repairing any damage to Licensee's Improvements, Licensee shall first provide written notice to City in the manner and at the address provided in Section 23, describing the alleged default by City If City fails to cure vAdun tlurty (30) calendar days of receipt of the notice, Licensee may cause any such work to be performed and City shall promptly reimburse Licensee an amount equal to the actual costs incurred by Licensee to repair such Licensee's Improvements, which reimbursement shall be due no later than thirty (30) days after receipt of invoice In addition, one and a half (1-1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. 22 Applicable Law Licensee shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by Licensee 23 Notices. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Licensee (as designated herein) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or (ii) using nationally recognized overnight courier service, or (in) via facsimile transmission(with a copy to also be placed in the United States Mail), and addressed as follows TO CITY TO LICENSEE Director of Public Works Signal Landmark City of Huntington Beach 27285 Las Ramblas, Suite 230 2000 Main Street Mission Viejo, CA 92691 Huntington Beach, CA 92647 Attn Ed Mountford Tel (714) 536-5431 Tel (949) 250-7700 Facsimile. 374-1573 Facsimile (949) 250-7705 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt A person may not give official or binding notice by facsimile The effective time of a notice shall not be affected by the receipt of a facsimile copy of the notice, prior to the receipt of the original, of a facsimile copy of the notice 16-5101/131083 10 24 Captions and Terms The captions and section numbers appearing in the Agreement are for convenience only and are not a part of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25 Recordation. Licensee shall record this Agreement in the Official Records of the County of Orange, State of California 26 Non-Exclusivity. This License is non-exclusive, and the Improvement Areas shall at all times be open to use by the general public 27 Nondiscrimination Licensee agrees that in the performance of this Agreement and use of the Improvement Areas it will not engage in, or permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap,medical condition, marital status or sex 28 Cooperation Licensee shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any further documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement 29 Severability If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 30 Entire Agreement This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties hereto with respect to the rights and obligations contained herein Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the City and signed by the parties to be charged 31 Attorney's Fees If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its own attorneys' fees The prevailing party shall not be entitled to recover its attorneys' fees form the nonprevailmg party. 32 City Right to Enforce Notwithstanding the provisions of Section 31 above, Licensee acknowledges and agrees that the City has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal and/or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement Licensee shall provide City with, and at all times keep current, contact information for Licensee and any property manager acting on its behalf 16-5101/131083 11 33 Governing Law. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California 34 Amendments. This Agreement may be amended, modified, and/or supplemented only by the written agreement of the Owner and the City, or the successors and assigns of each 35 Time Time is of the essence of this Agreement and each and every part hereof 36 Covenants. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns, and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein The License granted by this Agreement is-subject to all matters of record as of the effective date of this Agreement. 37 Delegation of Authority City hereby delegates to City Manager or his or her designee the authority to implement all provisions of this Agreement 38 Successors and Assigns Subject to Section 14 above, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns (except as otherwise specifically provided in Section 39 below), including without limitation all grantees and other successors-in-interest of City and Licensee in any portion of the Improvement Areas Subject to Section 14 above, Licensee shall provide prior notice of any assignment of Licensee's rights and obligations hereunder and any such assignment shall either (a) include the insurance provisions hereunder or (b) shall include insurance provisions approved by City 39 Exclusive Benefit of Parties The provisions of this Agreement are for the exclusive benefit of City and Licensee and their successors and assigns, subject to the provisions hereof, and not for the benefit of nor give rise to any claim or cause of action by any other person 40 Survival All representations, warranties, waivers, and mdemnrties given or made hereunder shall survive termination of this Agreement. 41. Authority to Sign The individual executing this Agreement on behalf of Licensee hereby represents that he or she has full authority to do so and to bind Licensee to perform pursuant to the terms and conditions of this Agreement 16-5101/131083 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 46q/L 2016. i LICENSEE CITY SIGNAL LANDMARK, a California corporation, CITY OF HUNTINGTON BEACH, a successor by merger to Signal Bolsa Corporation, municipal corporation e State of a California co oration California By M ` G. Mayor print name ITS (circle one)Chairman/Presiden ice Preside AND City Clerk By print name ITS (circle one) Secret Chief Financial Offic r/Asst INITIATED AND ROVED Secretary-Treasurer Director of Public orks REV ND APPROVED tio Manager APPROVED AS,300 FORM ity Attorney 16-5101/131083 13 CAL11FOR BA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ) Coul2tv of waOn , before me V 1 v, v Dat `H re Insert Nja�me and Title of the Offiicer personally appeared W� CST• 1 f���1�, a V1?,-;e,() E)LA C� Name(s) of Signers) who proved to me on the asis of satisfactory evidence to be the perso s) whose name(s) is re subscribed to the within instrument and acknowledged to me that he/she/ e xecuted the same in his/her eir 'thorized capacity(ies), and that by his/her signature(s)on the instrument the person(s), or the en i y 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 SUSAN M ALAMILLA is true and correct QoMyComm Commission # 1974715 WITNESS my n and o ci I sealNotary Public -California z z Orange CountyD Expires Apr 12,2016 Signature �n� Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing 02014 National Notary Association • www National Notary org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 OR,4 JG,5T ) •rtIqAA/L AI/G before me, Date Here Insert� Name ��and __Titl1 � e of the Officer \\ personally appeared CS % mod/f ,4�t/ .JII�J t� es < <L�.jN Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persort(g)whose names re subscribed to the within instrument and acknowledged to me that Oel41aeQ�executed the same in eir uthonzed capacity and that by htsA 4er/ a Dsignature,,(Don the instrument the persore'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 ha nd official seal P L ESPARZA Commission#2032750 a -s Notary Public-California i Signature i orange County Signature of N,90ary Public My Comm Expires Aug 4,2017 9 V Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other ❑ Other Signer Is Representing Signer Is Representing ©2014 National Notary Association •www,NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A & B Legal Description of Brightwater BRIGHTWATER LEGAL AND EXHIBIT THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PER DOCUMENT RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO. 92-589755 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF LOT B OF TRACT NO. 15734, AS PER MAP FILED IN BOOK 797, PAGES 40 THROUGH 42, INCLUSIVE, OF MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT B OF TRACT NO 15734; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT B, SOUTH 34°02 ' 08" EAST, 24 32 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE OF LOT B, SOUTH 89-21132" EAST, 16.57 FEET, THENCE, SOUTH 00-38128" WEST, 23.95 FEET TO SAID SOUTHWESTERLY LINE OF LOT B; THENCE, ALONG SAID SOUTHWESTERLY LINE OF LOT B, SOUTH 34°02108" EAST, 551.23 FEET; THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 15734, NORTH 89058'30" EAST, 323 .00 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A QUITCLAIM DEED RECORDED NOVEMBER 3, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE QUITCLAIM DEED, SOUTH 00010129" WEST, 555.39 FEET TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A,BEARING AND DISTANCE OF "SOUTH 55*55'23" WEST, 109 74 FEET" IN THE NORTHERLY BOUNDARY OF AN "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES" RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, THENCE, ALONG SAID NORTHERLY BOUNDARY OF SAID OFFER OF DEDICATION, THE FOLLOWING COURSES; SOUTH 55055'23" WEST, 109 74 FEET, SOUTH 55049121" WEST, 127.09 FEET; SOUTH 44024' 16" WEST, 82 15 FEET; SOUTH 73047 ' 18" WEST, 29 41 FEET, SOUTH 61037127" WEST, 60.35 FEET; SOUTH 62025 '42" WEST, 53 .70 FEET, SOUTH 62041117" WEST, 50 15 FEET; V\PROJECTS\2042341410\sumiap\LEGALS\BRIGHTWATER PROJECT AREA+OOD doc 1 SOUTH 72035'28" WEST, 100.45 FEET; SOUTH 55044 '37" WEST, 114.79 FEET; SOUTH 49022 ' 16" WEST, 39.37 FEET; SOUTH 70015 '15" WEST, 41.57 FEET; SOUTH 88031 '08" WEST, 17 51 FEET; NORTH 89031'28" WEST, 66.14 FEET; SOUTH 88005 '41" WEST, 55.11 FEET; SOUTH 83039'51" WEST, 31.84 FEET; SOUTH 67055'12" WEST, 18.88 FEET; SOUTH 68056'57" WEST, 52.58 FEET; NORTH 86059' 00" WEST, 50.59 FEET; NORTH 75024 ' 12" WEST, 53.32 FEET, NORTH 82053 ' 05" WEST, 51.28 FEET; SOUTH 71021'20" WEST, 52 46 FEET; SOUTH 71021120" WEST, 69 49 FEET; NORTH 79052 '55" WEST, 58.33 FEET; NORTH 61027' 07" WEST, 46.07 FEET, NORTH 69040'17" WEST, 81 44 FEET; NORTH 70013 ' 12" WEST, 82.15 FEET; NORTH 65040'24" WEST, 65 61 FEET; NORTH 42028 '44" WEST, 56.43 FEET; NORTH 00059' 06" WEST, 56.77 FEET; NORTH 06051'35" WEST, 63 77 FEET; NORTH 26039'54" WEST, 223.33 FEET; NORTH 28036' 51" WEST, 11.33 FEET; NORTH 30007'51" WEST, 30 77 FEET; NORTH 52020' 02" WEST, 54 33 FEET, NORTH 67042' 57" WEST, 54 44 FEET; NORTH 89059'40" WEST, 57.23 FEET, SOUTH 80024106" WEST, 89.21 FEET; SOUTH 89029'48" WEST, 38.89 FEET; NORTH 60057147" WEST, 42.04 FEET, NORTH 41024 ' 03" WEST, 73.54 FEET; NORTH 56055' 08" WEST, 60.01 FEET; NORTH 65045 '31" WEST, 52.06 FEET; NORTH 81057'37" WEST, 52.88 FEET, NORTH 89007136" WEST, 62 01 FEET; NORTH 86021 '40" WEST, 69.25 FEET, NORTH 86043 '43" WEST, 56 26 FEET; NORTH 78010' 38" WEST, 40.65 FEET, NORTH 54051'52" WEST, 68.81 FEET; NORTH 46045'26" WEST, 75.55 FEET; NORTH 35052'55" WEST, 62.38 FEET, NORTH 46°17'27" WEST, 83 58 FEET; NORTH 5104641" WEST, 64. 01 FEET, NORTH 55055' 52" WEST, 64. 00 FEET; NORTH 61016'51" WEST, 60 49 FEET; NORTH 63011108" WEST, 68.02 FEET, NORTH 60009104" WEST, 64.11 FEET; NORTH 59029' 13" WEST, 33 61 FEET, NORTH 44003 '25" WEST, 45.80 FEET; NORTH 43039'48" WEST, 64.06 FEET; V\PROJECTS\2042341410\surmapV.EGALS\BRIGHTWATER PROJECT AREA+OOD doc 2 NORTH 35050'56" WEST, 39.41 FEET; NORTH 34055124" WEST, 326.74 FEET; NORTH 00000100" EAST, 75 93 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE CC 92-01; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89012147" EAST, 546 98 FEET; THENCE, CONTINUING ALONG SAID LINE, SOUTH 89021'32" EAST, 2001.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92-01, AS DESCRIBED IN SAID "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES" RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. CONTAINING AN AREA OF 105.252 ACRES, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: �0�AND .Q STANTEC CONSULTING INC N4 _. UNDER THE DIRECTION OF: � s � v QNo.71859 * P /Z;�41/OJ * RAY E. rlANSUR, LS. 745 ,�4Q.�\� REVISED AUGUST 17, 2006 CAS JUNE 01, 2006 J.N 2042 341410 V\PROJECTSQ042341410\Surmap\LEGALSIBRIGHTWATER PROJECT AREA+OOD doc 3 EXHIBIT 'B ' SHEET 1 OF 1 IN THE LPNNGORFORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA a 5GALE. 1" = 400' IN ,� "�°�` , lab" �• "bt \;I'' �� „° t �c l� MARNA VIEW FLAGE t•,'1�O°Vy u'";,'' ��<'v`lea'>''1.R,,°>,4!-4`t�'L>�N ';40 Z .� fat l�ti�"�1 �a "��`�\!>u'- `'r 1,•h�` .'1�` '��t` �a ,,�i •�\ ti t �°yt\i�a \b;' ;.e , ti t, > 0 Z;yy ;w;, ��,��, ,t `qt���'�, , iR ,•`a�; °��tL`�^� SANDRA LEE STREV "' 4`NN\+,\.,�Q °tM � ; � ��,, , w�a\ h�,+.y "fit `'hay "�J0���O.\ 0 '\'*+�`,L'� O 5M5 STREET( \N \ ev \p.' tit I�OOC evq`!°'<\,aR�R b+.y^z ,NI' e b� N<,i�tt �' 70, ' O eo `� i ���`' �`BRIGHTWATER h•, y h- •4 y t,t'F.a4 i L'L "'t, ;` ., v, °`�'t N i tk 5 \"� `t,v /���•.'R`H\'V'``1 p+ ,!'•, ,"'• ti ��Q,t k+^',` �1 ,ti o'♦ °`'r`\�`'+�,.�p'\,'1,�`'tN �/s��J(''�,\,,0'`�t�,l�e�Sl\.�,,°\ ,,'i'E IN, >s a° �4 °L?` i°`i, `L> ,1b1 L�•,,4 R R` '\F i, \ n L \, BAN i'}` \, v :; c`,' tea LYNN .STREET 1'`�';'L's ,.,`4t t, +1� O 'cR''`a h,`y'' k,"4'py yy,°ti R`"s��e'y,`,,j,'�`'�.' '' f`,, 'R��'•,`,`\ �`•,`4`�°'4b`L`, E,'.te`R``�``1, '' 'e'��."�`i�t� ah��`'�``'v. `1''>,`' „. ` ' .t z�, \^''"'�,u 1' w\'•i p���tw�4�"t,��'l v`�0�,, � R! �y'ai >,`•`s^g�„���•�',,,`'>-,0 0,-, t 1,,�`4'1c �y,.,^Zr\' N,.`'Rz° ,,` •y+ >•k, `�'RR\; ,°`>"': ,ht .,tiv`,L 'e ; >b,'1jL�to;yam`!• tq ,'�4 'X, �•'9',�tib,`�`.�.k��° '! '•'; >h ,rb '`'q,c,�`,.'.',,t,,"b.>, �y i,, f.4`�,i`,+___hhh °+,1a�,t�.� �t o a"q � Rs`` 1 vq,t. `\tt, `.''�``h'.�,^•,• {`'`� M •"°a `�'t•"u�'y'�,`'�r'1+n'A'w.�'t4�`'t 1 ,`t,.`'y'1�1"' Rq'R."t•��''tw ,,0 �'i`• 4�c 'y'N.�ti�,'� �'� �'�`n .t STREET s',v,;qy" ., '>z ,ti. h 44,h ° '•�� N t,L° s N \'•y,' ,tt L,y:�q.\r ^ } ,,;z,°4 tt\1, Lw,O ..°t''a,t,'a b %rI+nRv° 70 tt+ !''n'IN el. �-O,n�``,.�."i^,`�..'`,`�`'t•F+.{`.,, .,•t�'t��`' 's -4 Z'+,b''t O• X, <�, ' `4q•a���rY`+�t`.y"s 1.V,,,b, '`. t 4 > ,N W'LY LINE :I`'w,,t`Ni,'O R. 49GO/87' GOODELL PROPERTY `• 49GO/87 OR. Ott V,\projects\2042341410\SURMAP\DWG\SYME0027.dwg 8/17/2006 84022 AM PDT EXHIBIT C Improvement Areas "r - ePoCOMUAUWTY CHrv�rATEra �N I 6 V p� `Ji pART --lr_ x W'F.f a , 3� ----------- _ ' —n—,n-7•(c —r,.—ns—�A--F--=—F— a BOLSA CHICA STREET(PUBLIC) ------ —=--e--=z—le—h—`_---]—---——4—L--,- Y— 1 — ffi —-- - ot -g l 1_ 1�; NO �'""�. �&;T4 Ng=` -- r imtav_,.IrrD W 1 NO A P I _ BOLSA CHICA STREET(PUBLIC) —————— --_ _— SCALE=" o rt; oeAWNc IS NOT TO F SCALE F RAR DOES i N07 EQUAL ONE INCH A, ART i I e BRIGHTWATER HOA MAINTAINED BRIGHTWATER DRIVE ENTRY— PERIMETER BLOCK WALLS AND BOLSA CHICA STREET MEDIANS— ®TEMPORARY IRON FENCE WITHIN NOTES CONCRETE PAVERS IN STREET PILASTERS STAMPED CONCRETE AND CURBS STREET RIGHT—OF—WAY 1 ALL UTILITY BOXES AND MASONRY ENTRY STRUCTURES INCLUDES IRRIGATION AND VINES APPURTENANCES SHALL BE MASONRY PLANTERS IN MEDIAN, BOLSA CHICA STREET MEDIAN— MAINTAINED BY THE UTILITY SIDEWALK, LANDSCAPE AND MASONRY PLANTER BOLSA CHICA STREET MEDIANS— COMPANIES IRRIGATION LANDSCAPE AND IRRIGATION 2 ALL STREET LIGHTS SHALL BE BOLSA CHICA STREET— BOLSA CHICA STREET MEDIAN— MAINTAINED BY SOUTHERN s ENTRY MONUMENT STRUCTURES MASONRY PUBLIC TRAIL SIGNAGE CALIFORNIA EDISON PER LS-1 (EAST AND WEST SIDE OF STREET) REGULATIDNS WITH UPGRADED PAVING BELDW 9 APRIL 2009 ®� PIdPAAm LWDM De 91Pa MM a MUARm er TENTATIVE TRACT NO 15460 APRI Na DRAFlm�, LICENSE AND MAINTENANCE - '"` AGREEMENT-CITY OF 1113 ` lz�i O DATE REMSIONS DAM DA ""I"'"00 BRIGHTWATER-CITY OF HUNTINGTON BEACH LYNN STREET GREEN STREET -- - -- -- -- _ I _________ TO .Q.I- - - _RENUMBER t`L NOTE - - - a -— —�-ZOS-PATOS AVENUE— - -- -— —-- - m '_�'^`- „',-^'jw�na- ��@r _ -i,�� a'-�B=�=J ..= �, _ .• ' � -'_*',," a- a�a ~ - 5'' 35 36 37 �! BFIIG�HpT,WA 38 do"T 8 9 10 11 12 13 14 15 116 17 18 \ 1 T MARNA VIEW SANDRA LEE LANE SQL STREET co it u P L l n n co \ a ,N p �__-- - - - _---_— --- ------------- - ----_--_--_ -_--_--_ __-_- _-=_--_ _--_ zJdO Lw W _PA V ^ M NUMBER 1 BELOW W W °'-L Iq - 12 13 15 I 23 o BRIW4ATER i - u / 11PIDMMU► M ' 26 ' 27 28 291 30 31 32 1 33 34 35 a E W� BRIGHTWATER HOA MAINTAINED CrrY OF HUNTINGTON BEACH MAINTAINED PERIMETER BLOCK WALLS TUBE FILTERRA SYSTEM-STORM ao-SIDEWALK(INCLUDING RAMPS) i STEEL FENCING AND MASONRY WATER FILTRATION BASIN ORAWNG IS NOT TO PILASTERS WHICH INCLUDES A TREE AND SCALE F BAR DOES 3 EMERGENCY VEHICLE ACCESS- GRAVEL NOT EQUAL ONE INCH CONCRETE TURFBLOCK AND €gg CONCRETE CURB EDGE NOTES t EMERGENCY VEHICLE I ALL UTILITY BOXES AND ACCESS GATE APPURTENANCES SHALL BE MAINTAINED BY THE UTILITY LANDSCAPE AND IRRIGATION COMPANIES RETAINING WALLS BEHIND UTILITY 2 ALL STREET LIGHTS SHALL BE MAINTAINED BY SOUTHERN s TANSFORMERS AND SIDEWALK CALIFORNIA EDISON PER LS-1 REGULATIONS s g APRIL 2009 rcsaan er —.RED OW n¢SWIRVI rw OF 1PA1D" � TENTATIVE TRACT NO 15460 FRO=Ma LICENSE AND MAINTENANCE - f acn¢n er AGREEMENT-CITY OF H B DATE m wIe iza��w¢ owmamG BRIGHTWATER CITY OF HUNTINGTON BEACH MARNA VEW 00 ,ter <N hi :_s„rt / LOS PATOS AVENUE A _— \\ DRANiNG IS NOT TO \ I ® Mn e' '=,ru`s.f --1r_ - _ SCALE IF BAR DOES NOT EQUAL LINE INCH c BRIGHTWATER HOA MAINTAINED CITY OF HUNTINGTON BEACH MAINTAINED PRIVATE HOMEOWNER MAINTAINED d PERIMETER BLOCK WALLS SHARED DRIVEWAY WITH ao-SIDEWALK (INCLUDING RAMPS) F—MASONRY MAILBDX c FENCING AND MASONRY CONCRETE PAVERS AT THE STRUCTURE PILASTERS TERMINUS OF THE LOS PATOS o-LIFT STATION - INCLUDING z CONCRETE PAVER WALKWAY {�{ WARNER AVENUE-LANDSCAPE AVENUE CUL DE SAC PERIMETER WALLS AND F WALLS,MASONRY FILTERRA SYSTEM- STORM GATES CONSTRUCTION WITH STONE �—LANDSCAPE AND IRRIGATION VENEER AND PROJECT WATER FILTRATION BASIN c STORM DRAIN CATCH BASIN SIGNAGE WHICH INCLUDES A TREE AND GRAVEL WARNER AVENUE- RETAINING NOTES = WALL SURROUNDING SCE 1 ALL UTILITY BOXES AND VAULT APPURTENANCES SHALL BE CONCRETE PAVER DRIVEWAY MAINTAINED BY THE UTILITY TO GAS FACILITY COMPANIES 2 ALL STREET LIGHTS SHALL BE MAINTAINED BY SOUTHERN CALIFORNIA EDISON PER LS-1 F REGULATIONS X 'a 9 APRIL 2009 c D OrPM➢AAED Ow RE SWETP sa CF ^ a TENTATIVE TRACT NO 15460 Ramon xa W aa ar LICENSE AND MAINTENANCE I AGREEMENT-CITY OF H B �� BRIGHTWATER-CITY OF ff�� �a DATE R VISIONS DALE NAIB OAiE Vulen®o S±t EXHIBIT D Special Utility Easement Agreement This Document was electronically recorded by City of Huntington Beach Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder RECORDING REQUESTED BY J1111111111111 NO FEE AND WHEN RECORDED RETURN TO 93 A1211 2010000244850 01:34pm 05/25/10 �1 City Clerk 0.0 0 00 0.00 0.00 30.00 0 00 0 00 0 00 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, Signal Landmark,a CA Corp, (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 1 f ' 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 mams 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 rrununum 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 In its use of the easement and right of way herein granted, CITY shall not permit any claim, hen 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 4th day of March 9 20, 10 GRANTOR CITY OF HUNTINGTON BEACH, Signal Landmark, A California amunicipal corporation of the State Corporation of California r By �CiC"—y�-✓ Raymond J. Pacini (print name) Director of fublic Works ITS. (circle one)Chairm residen ice President/Assistant Secretary ATTEST — 4 City Clerk By (PURSUANT TO RESOLUTION NO 1003-19) Sandra G. Sciutto (print name) APPROVED AS TO FORM cle one) Chairman/President ice t Presid ssistant Secretary �G����3 Lola City Attorney 7D111a REVIE APPROVED. Kity Adity Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of California County of orange On 3/4/2010 before me' Collece Wilcox, Notary Public for the State of CA Date Here lrmd iJarne aril He of the aHoer ' personally appeared Sandra G. Sciutto & Raymond J. Pacini marne(s)or ra who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that l CE YdIlCO, he/she/they executed the same in his/her/their authorized COILCommi:aIOn*1861050 capactry(ies), and that by fitslher/their signature(s) on the Notary Public•California instrument the person(s), or the entity upon behalf of Orange County which the person(s)acted, executed the instrument. NI Comm Ex Ire8 Sel 10,2013+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hapo and official seal, Signature- Place Notary Seal Above Signature of Notary 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 D"$�H±8; 'X ON WAS NOT ELECTED Title or Type of Document�7 Document Date Number of Pages, Signer(s)Other Than Named Above• Capacity(les)Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s). ❑ Partner—❑ Limited ❑General ❑Partner—❑Limited ❑General U Attorney in Fact •- ❑Attorney in Fact ❑ Trustee Top of thumb hbre ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Ci Other ❑Other- Signer Is Representing Signer Is Representing 02007 National Notary Association•9350 De Soto Ava,,PO Bak 2402•Chatavronh CA 91313.241Y2•wwwNatiafraMcrlary ore Hem N5907 ReordercaH Tots-Free 1-e0W76-M27 ACKNOWLEDGMENT State of California ) ss County of Orange ) On May 4, 2010 before me, P.L. Esparza,Notary Public for the State of California,personally appeared Robin Lugar 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#E 1857021 � n Notary Public-California i Orange County D M Comm Ez fires Aug4.2013 i (Notary Signature J EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `F' , INCLUSIVE, OF TRACT NO. 17032, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 889, PAGES 12 THROUGH 23, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THOSE PORTIONS OF LOTS `G' AND `Y' OF SAID TRACT NO. 17032 AS SHOWN IN DETAILS "A" AND "B" ON SHEET 5 OF 5 OF EXHIBIT "B" . ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS—OF—WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. apJ.�Vp UNDER THE DIRECTION OF- X- O.St sG9L cc MOMy C6 �p IN31111 JAMES 0. STEINES, P L.S. 6086 q �Q� REVISED FEBRUARY 9, 2010 OF CAV JANUARY 28, 2010 J N. 2042 341410 V 1PROJFCTS12042141410'SURMAPq-ECALSISU ESMTTR 17032 DOC 1 OF 1 EXHIBIT "0139 9 SHEET 1 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLUSIVE, OF TRACT NO. 17032, M.M. 889 / 12-23. AND A PORTION OF LOTS 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 5EE DETAIL "A•' LOS PATOS AVENUE 5ttEET 5 \ LOT 'Y' LOT 'G' 12 13 23 LOT W LOT\a, NO• 11032 1110 15 '�R 11 0 14 1G 22 Jr 10 C' 21 N LOT V' 9 �� 17 15 F-- 7sr 19 20 414���d `oT G ' � J) 5 / 2�23 88°I ,1033 MM. 4 3 2 1 In NO � O C F4��b LOT 'A' ' GF LOT v' SSA / 40���� 2• MM a0 ki � wQ� SCALE: 1" = 120' \Opt'1AN0 0�55 O.ST SG9m cc 1do.6088� o a Exp.12/31,111 STANTEC CONSULTING INC. 1p 19 TECHNOLOGY DRIVE IRVINE,CA 92618 �0F CAl1f0P StaQ9b2C 949 923 6000 stmaer cnm JAMES 0. STEINES, P.L.5 G08G V\projects\2042341410\SURAW\DWG\SYME0165 dwg 21912010 5 32.32 PM PST J.N. 2042 341410 DATE: 2/9/10 EXHIBIT 091399 913a8 5MEET 2 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLU51VE. OF TRACT NO. 17032, M.M. 889 / 12-23, AND A PORTION OF LOT5 'G' AND 'Y' OF TRACT NO. 17032. M.M. 889 / 12-23. IN THE CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 SCALE: 1" = 120' SEE DETAIL "e" 5ttEET 5 LOS PATOS AVENUE LOT 'Y' 23 OF-W 24 • 25 28 29 30 31 32 3 3 34 35 3G 37 38 � ' WINTHROP DRIVELOT E (PRIVATE 5TREET) O 51 50 4G 45 44 43 42 41 4G' NQ. 448 47 40 39 LLA z IBREWSTE LWQ (P ATE TREET) L OT 'Z' 52 53 54 55 5G 57 58 59 GO Gl G2 G3J =a LOT 'G _ LOT 'D WELLFLEET DRIVE Zq(PRIVATE 5TREET) kf) 14G. 08 .r W G 2 GG G5 G4 LOT T M. G8 LOT V LOT 'A' BRIGHTWATER DRIVE(PRIVATE 5TREET) LOT 'A' LOT 'r, LOT V 4.1 O Q 1 3 MM" OCFA o NR DGE DRVF ~ V\projects\2042341410\SURMAP\DWG\SYME0166 dwg 2/9/2010 5.3545 PM PST EXHIBIT 1113" SHEET 3 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLUSIVE, OF TRACT NO. 17032, M.M. 889 / 12-23. AND A PORTION OF LOTS 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23. IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER UNE EA5EMENT5 i r COVEVIEW DRIVE N LOT z' w z a J I— W W q p3h J Z WENT GRCLE (� J I— >Vl"- 0L LOT 'J' Lu Lu LOT 'A' NO. i1032 � 3 O �• < e'P� or t• Z 3� h'1 Ciy �" 5q0 LOT 'S' Tly M M ST�F�O�2 LOT 'M' Z JrDGQRT OWN D w RIVf a 1�pl Q NO LOT 'N' .!y 889 / �2 23 W LOT 'R' r In 2 LOT V Q' i w �2 v w 4 2 'k ,? q2 J ORLEAN5 DRIVE I J SCALE: 1" = 120' V\projects\2042341410\SURMAP\DWG\SYME0167.dwg 21912010 5 37 18 PM PST EXHIBIT yHIBIT 091390 SHEET 4 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLUSIVE, OF TRACT NO. 17032. M.M. 889 / 12-23. AND A PORTION OF LOTS 'G' AND 'Y' OF TRACT NO. 17032, M.M. 889 / 12-23. IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 44 Lo ti O 11034 Q L\ Q O F- m w w ac ASHVILLE D41�E W U Lu LOT 'N' 8q0 < 00 0LLJ toT fit' c10•LLJ �1032 BRIGH�TW E sEixR DDRIVE �' (P ) �2 23 LOT 'Q' P- 0 ORLEANS DRIVE �0l( J \A0 z .3�D ��. OC m a w �OG� �R�Vti OG�PNR SCALE: 1" = 120' V•\projects\2042341410\SURM4P\DWG\SYME0168dwg 21912010 5.38.27 PM PST EXHIBIT "Boo SHEET 5 OF 5 BEING ALL OF LOTS 'A' THROUGH 'F', INCLUSIVE, OF TRACT NO. 17032. M.M. 88q / 12-23. AND A PORTION OF LOTS 'G' AND 'Y' OF TRACT NO 17032, M.M. 88q / 12-23. IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DETAIL „A,. \ LOS PAT05 AVENUE I I SCALE: 1" = 20' I N, �OZoq off,I / � � �/u I 4� ,LOT 'G' �3 '37 49•• Lm cl 4_�• LOT 'G' 3j I L�144 68, C3 C2 I BRA�R T wa TF O,'Z��/ , �••�/ �� =283 Co' 4=37,21 c�. ATf STR TPR/VF �O�j`�O, 1�/e�G OVA/.pl/ Lrj8448, 1\� CURVE TABLE I NO. RADIUS DELTA LENGTH LOT 'A' Gl 50.00, 17'1q'5G" 15.13, 02 2B3.00' 01'33'lr- 7.GB' 03 227.00' Ol'51'40" 7 37' I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —J — — — — — i LOS PAT05 AVENUE N89'21'32"W 1ggB.24' I — 42q G5' 30 00' LOT 'Y' LOT 'Y' NBq'2l'32"W 2012 24' —� 424g5' G714' 30 00' G2.G1' --�- I i �o w { i tn Z� I LOT 23 °`*° Q W N E On LOT 24 Q W LINE TABLE o b t I NO. BEARING DISTANCE o Q O I Ll N01713'5B"E 15 7q' O r Z L2 N0l'13'5B"E 15 G4' Z V DETAIL *$us { L3 NOO'14'02"E 2001, 1 SCALE: 1" = 20' L4 NO0'14'02"E 20 01LJ 30' — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —J V\projects\2042341410\SURMAP\OWG\SYME0169dwg 21912010 539.18 PM PST This Document was electronically recorded by City of Huntington Beach Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder RECORDING REQUESTED BY J111111jJ11111 NO FEE AND WHEN RECORDED RETURN TO 93 Al2 8 2010000244851 01:34pm 05/25/10 �01 City Clerk 0 odd 0 00 0 00 0 00 2100 0.00 0.00 0.00 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, Signal Landmark,a CA Corp, (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 1 3 GRANTOR retams 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 mauls 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 unproVements 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, hen 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 4th day of March 2010 GRANTOR CITY OF HUNTINGTON BEACH, Signal Landmark, A California amumcipal corporation of the State Corporation of Califomia By. rc.- ------- Of Raymond J. Pacini _ (print name) Director of Public Works ITS. (circle one)Chairm residen ice President/Assistant Secre ATTEST City Clerk By r� (PURSUANT TO RESOLUTION NO 2003-29) Sandra G. Sciutto (print name) APPROVED AS TO FORM• le one) Chairman/Presiden ice 1resuiciWAssistant Secretary F- City Attorney —q27)la REVIE APPROVED rty Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 3/4/2010 before me Collece Wilcox, Notary Public for the State of CA Date Hem htsen Name grid Title of the Officer ' personally appeared Sandra G. Sciutto & Raymond J. Pacini NanW(S)of s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ts/are subscribed to the within instrument and acknowledged to me that 0!lECE WILC(m he/she/they executed the same in NWher/their authorized Coary Public t8MR ivoWi capacity(ies), and that by fik terhheir signature(s) on the LieNotary PubNc-CalNornla Orange County instrument the person(s), or the entity upon behalf of �► 1rt>tnm lies Se 10,2013 which the person(s)acted, executed the instrument 1 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.. Signature Noaryr�ueik 1st Place Notary Seal Above Signature of OPTIONAL Though the information below is not squired 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 J!H±§ o?Jr'1 X0N WAS NOT ELECTED or Type of Document Document Date Number of Pages: Signer(s)Other Than Named Above. Capecity(ies)Claimed by Signer(s) Signer's Name _Signer's Name 0 Individual 0 Individual Ca Corporate Officer—Title(s) 0 Corporate Officer—Title(s) 0 Partner—0 limited ❑General ❑Partner—0 Limited 0 General ❑ Attorney in Fact - 0 Attorney in Fact WHOM • Trustee Top of thumb here 0 Trustee Top of thumb here 0 Guardian or Conservator ❑Guardian or Conservator U Other 0 Other- Signer Is Representing Signer Is Representing, 02007 National Notary Assocletion•9350De Soto Ave,pli Box 2402•ChatovorthCA9l3l3.2402ivrwwNaftvdNotaryoM homOM7 ReordercahTon-Freet-aw-sl3-6m7 ACKNOWLEDGMENT State of California ) ) ss County of Orange ) On May 4,2010 before me,P L. Esparza,Notary Public for the State of California,personally appeared Robin Lugar 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#t 1857021 Notary Public-Caldonna z Orange County M Comm Ex Iles Au 4.2013 (Notary Stgnat ) 1 EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `E' , INCLUSIVE, OF TRACT NO. 17033, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 889, PAGES 24 THROUGH 31, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. XL UNDER THE DIRECTION OF: as r) �pN �N� No.6086 N JAMES O. STEINES, P.L.S. 6086 Ewp.IV3 t �►� `Q. REVISED FEBRUARY 9, 2010 �i`�F �pPa JANUARY 28, 2010 J.N. 2042 341410 V\PROJECTS\2042341410\SURMAP\EGALS\SU ESMT TR 17033 DOC 1 OF 1 EXHIBIT 98[38D 5MEET 1 OF 2 BEING ALL OF LOT5 'A' THROUGH 'EO',IIINCI LU51VE, OF TRACT NO. 17033, M.M. 889 / 24-31, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS --IT BRIGATTE SETR ETDRIVE M M 4/ 30 19 3 N 33 18 17 1G 15 14 3 O k0 U NQ. 170 13 oC 0 h 29 �R' .�� A A w W Q�Q 20 k OCEANKNOLL DRIVE 4 w �Q (PRNATE STREET) LOT 'G' 12 i 28 Az 4-4 5 J 27 U v) 22 23 Z,�� 46 21 J Al w N W LOT 11' 2G 24 =v G U °C 10 25 7 2 57 58 59 Go OD£gNR� 9 O~ G1 Tr G7R 8 v i AG- G2 SOP MM' >38 4 G5 �. GG G3 G7 D q2 �GALf= V = 120' M\A Sy�O 0.8�SG9 o sue.Wm O Exp.1201111 STANTEC CONSULTING INC. 19 TECHNOLOGY DRIVE IRVINE,CA 92618 StaQitSC 949 923 6000 co, JAME5 O. 5TEINE5, P.L.5 G08G V\projects\2042341410\SURMAP\DWG\SYME0163 dwg 21912010 11 23.34 AM PST LJ.N. 2042 341410 DATE: 2/9/10 EXHIBIT 9 11399 SHEET 2 OF 2 BEING ALL OF LOTS 'A' THROUGH 'E', INCLUSIVE, OF TRACT NO. 17033, M-M. 889 / 24-31, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS �p32 0 1 � �0 F� .42 T 43 41 Q 1�03 4�4TF � 19. NQ• 40 ss�Q t 44 �L V SOT 39 F 45 4G 38 � 37 3G Z� 47 v 48 �4T�ld�,� 35 Q� C 49 ����i`F �v Oj g 44 34 A 50 24'3'1 0� �~ 51 88 33 31 v aZ M a 52 ai0 ��v W 32 C? 28 Lu 53 T� 54 55 5G 57 58 I SCALE: 1" = 120' V\projects\2042341410\SURWP\DWG\SYME0164 dwg 2/9/2010 11.30 15 AM PST This Document was electronically recorded by City of Huntington Beach Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder RECORDING REQUESTED BY ) �lW� HO FEE AND WHEN RECORDED RETURN TO.93 Al2 8 2010000244852 01:34pm 05/25/10 1 City Clerk 0.0 0 00 0.00 0.00 21.00 0.00 0.00 0 00 City of Huntington Beach ) 2000 Main Street ) Huntington Beach, CA 92648 ) [Space above this line for Recorders 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, Signal Landiaark,a CA Corp, (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 transrrussion 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 widdspecial utility easement l 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 inconvemence 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, ansing from CITY's use of such area agree/city wide/special utility easement 2 t 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 4th day of March ,2010 GRANTOR CITY OF HUNTINGTON BEACH, Signal Landmark, A California a municipal corporation of the State Corporation of California By ` Ra)zmnnd .T- Pa ini (print name) Director of NbXc Works ITS' (circle one)Chairm residen ice President/Assistant Secret ATTEST City Clerk By (PURSUANT TO RESOLUTION NO 2003-29) Sandra G. Sciutto (print name) APPROVED AS TO FORM- ITS (circle one) Chai man/Presiden Press e t/Assistant Secretary zt��• rz, City Attoi4ey REVIE APPROVED sty Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange On 3/4/2010 before me, Collece Wilcox, Notary Public for the State of CA Data Here of"Officer personally appeared Sandra G. Sciutto & Raymond J. Pacini Name(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and. acknowie'dged to me that he(she/they executed the same in hs/twAheir authorized capactty(tes), and that by his#ler/their signatures) on the COLLECE MLCOXf instrument the person(s), of the entity upon behalf of Commission 0 1881050 which the persons) acted,executed the instrument. Le Notary Public-Califorela Orange County I certify under PENALTY OF PERJURY under the taws my Comm. Tres Sm 10.2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my ha d and official seal, Signature Place Notary Seal Abovo Signatun of Notary Pudic . OPTIONAL Though the Information below is not required by law,it may prove valuable to persons telying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of ±b"°V ION WAS NOT ELECTED Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above, Capaclty(ies)Claimed by Signer(s) Signer's Name Signers Name, ❑ individual ❑Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Titib(s). ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General' _ ❑ Attorney in Fact • -- ❑Attomey In Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator EJ Other. ❑Other Signer is Representing Signer Is Representing ®2007NalbnalNotWAssocialion-9350De Solo Ave.POBon2402-ChalsWoM'CA91313.2402-WWWNarfanatNott Jti Ilerrl45907 R0ordWCallTO1i-Rea1W470-W7 ACKNOWLEDGMENT State of California ) ) ss County of Orange ) On May 4,2010 before me,P.L. Espanza,Notary Public for the State of California,personally appeared Robin Lugar 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#1857021 Wotary Public-California Orange County ' Comm Tres Au 4,2013 (Notary Signature)' .. " EXHIBIT A WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `F' , INCLUSIVE, OF TRACT NO. 17034, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 890, PAGES 31 THROUGH 41, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,. EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. UNDER THE DIRECTION OF: a Alp,aft Ew JAMES 0 STEINES, P.L.S. 6086 9 �P REVISED FEBRUARY 9, 2010 JANUARY 28, 2010 J.N. 2042 341410 V\PRO/ECTS\2042341410\SURMAf'tLEGAISISU ESMT 7R 17034 DOC 1 OF 1 9 a SHEET 1 OF 2 EXHIBIT 19 BEING ALL OF LOT5 'A' THROUGH 'F' OF TRACT NO. 17034, M.M_ 890 / 31-41, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EA5EMENT5 LOT 'Y' roO 8 9 10 11 12 13 14 15 1G 17 18 TR. NO. 15734 M.M. 797 / ON Z9GOVEVIEW DRIVE _ 40 2 (PRIVATE 5TREET) LOT 'A' Z9 59 L45 4219 MDRVENE 4G58 Z 41 4G' 20 LOT 'ti' LOT 'c' 40 W 21 g bj 62 O 1�p57 Q w Z W H 46, G3 5G 39 22 GG 3 wG a 38 J i 23 45' J W o p 64 55 47 > a G7 a G5 54 37 24� � � W T'P < 48 Z �O �0 53 OA 3G O 25 G8 o . ISO r2• C++ � � 2G 3� 52 qp 3, G9 a N 35 p Q > Fz 51M. ��D p� 27 to I— ���' 50 v 70 W �gT�sr��oT 49 28 29 ks) a��9,P 71 O 34 �,5q�Oj. w b' 72 I 88 nor 33 FT 7' SCALE 1" = 100' 9 J �"' 32 45' I O ,3 ,31 30 73 0. /' STdPlTEt CONSULTING INC. /l//I ,. 19 TECHNOLOGY DRIVE IRVINE,CA 92618 Op CALIFC ct Stante.t 949 923 6000 w�c« JAME5 O. 5TEINE5, P.L.5 GOBG V\projects\2042341410\SURU4P\DWG SYME0158dwg L1912010 11.1351 AM PST J.N. 2042 341410 DATE- 2/9/10 ' a s a s SHEET 2 OF 2 EXHIBIT BEING ALL OF LOTS 'A' AND 'F' OF TRACT NO. 17034, M.M. 890 / 31-41. IN THE CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS 19 5HELBURNE DRIVE 20 LOT 'IV � OJ, 3b` Z 21 No- J SCALE= 1" = 100' Z 22 GG O w 23 48' <<v a G7 0� 24 01 �q� r- 25 NO- 1�p3� z MM SANDOVER 68 LOT 1' DRIVE 26 G9 JO ' ' a LOT K 27 6 84In Q 28 70 82 � 1 52' LOT '�� 0 29 !v 83 M M- $qo 81 80 m 71 F' O ;o A 511VILLE DRIVE LOT 'F' (PRIVATE STREET) 7q 72 48' 31 73 LOT 'M 74 75 76 77 78 30 LOT 'N' LOT 'O' CR• N�- 17�32 BRIG(PRI�WA ATESTREET) EDRIVE g8q � 12-23 M M. V\projects\2042341410\SURMAP\DWG\SYME0159 dwg 21912010 71.17.30 AM PST This Document was electronically recorded by City of Huntington Beach Recorded in Official Records,Orange County Tom Daly,Clerk-Recorder m� RECORDING REQUESTED BY )I 1111111mill NO FEE AND WHEN RECORDED RETURN TO 93 Al2 8�01 ll 2010000244853 01:34pm 05/25/10 City Clerk 0.odddd o.00 0.00 0 00 21.00 0 00 0.00 0 00 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, signal Landmark,a CA Corp, (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 1 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, ansmg from CITY's use of such area agreetcity videtspecial utility easement 2 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 m 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 4th day of March 2010 GRANTOR CITY OF HUNTINGTON BEACH, Signal Landmark, A California a municipal corporation of the State Corporation of California By -�...- Raymond J. Pacini Az (print name) 6 Director of Pu fic Works ITS: (circle one) Chairm resid ice President/Assistant Secre ATTEST. • City Clerk ' By (PURSUANT71ORMOLUTIONNO 2003-29) Sandra G. Sciutto _ (print name) APPROVE} AS TO FORM. IT rcle one) Chairman/President ice res>de Assistant Secretary Lf Z6ro City Attorney REVIE tAPPROVED >ty Administrator agree/city wide/special utility easement 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Orange on 3/4/2010 before me, Collece Wilcox, Notary Public for the State of CA Date Hare insert Name WO Title of the N ar personally appeared Sandra G Sciutto & Raymond J Pacini sine s ei r 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 hoer/their authorized rA19 COLLEGE VAILCOX capacdy(ies), and that by hisfher/their signatures) on the Commission#1861050 instrument the person(s), or the entity upon behalf of Notary Public-CalRornia which the person(s)acted, executed the instrument Orange county M cornet E kes Se 10,2013~ 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 Signature Place Notazy Seal Above Signature of Notary Pubtio 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 t8;D00t 1ON WAS NOT EL ,ACTED Title or Type of Document _ Document Date Number of Pages Signer(s)Other Than Named Above 4 Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—TUIe(s). ❑ Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General U Attorney in Fact - ❑Attorney to Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator U Other U Other Signer is Representing Signer Is Representing ID2007 Netbnat NotaryA9sodatwn-9350 De Sao Ave.,PO Box P402-Chatsworth CA 913f3-2402•wwwNa6orudN&hgorg Item mw7 ReaderCatlToa*ma l400 6?"s27 ACKNOWLEDGMENT State of California ) ) ss County of Orange ) On May 4,2010 before me,P.L.Esparza,Notary Public for the State of California,personally appeared Robin Lugar 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 r.P.i. P l ESPARZA Commission# 1857021 4*,..� % _ .'• Notary Public-California z z y orange County M Comm Ex gyres Au 4,2013 (Notary"Stgnatu 1 r ` EXHIBIT "A" WATER LINE EASEMENTS BEING ALL OF LOTS `A' THROUGH `E' , INCLUSIVE, OF TRACT NO. 17076, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 892, PAGES 27 THROUGH 36, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART HEREOF SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: STANTEC CONSULTING INC. 0.ST�SG9L UNDER THE DIRECTION OF: cc a. No.6086 0 D_ .12131/11 JAMES 0. STEINES, P.L.S. 6086 9TFpF C REVISED FEBRUARY 9, 2010 JANUARY 28, 2010 J N 2042 341410 V\PROJECTS12042341410\SURMAP\LEGALS\SU ESMTTR 17076.DGC 1 OF 1 EXHIBIT $$Bea SHEET 1 OF 2 BEING ALL OF LOTS 'A' THROUGH 'E', INCLUSIVE, OF TRACT NO. 1707G, M.M. B92 / 27-3G, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WATER LINE EASEMENTS J O 77 z 1��1 TR N 11O3tk � 75 \`o �M. 79 LOT 'R' BRIG�WA ATESTREET) EDRIVf M M aaq 12-23 LOT 'Q' 50 109 46, 1 2 3 4 5 G 13 14 105 7 15 12 107 W Zq ORLEAN5 DRIVE 2 (PRIVATE 5TREET) LOT 'E 5 1G w N lOG 110 0 ' 076 114 .a�N 9 11 .p 17 112 113 �O� 105 ->> 111 W LLA �t 123 115 a< 10 15 104 O J) As- 19 `�O 21 20 P 103 122� 115 117 11G w o 121 119 �Gti9) t1) 102 5 OG� SSE q2 / 2 22 4G' 120 MM• $ 24 23 101 26 25 LOT 'A' 27 25 29 33 32 31 30 35 34 I SCALE! 1" = 120' 9AL O. 9 �p 6498 in 'a✓31/11 a 9 STANTEC CONSULTING INC. p�CAL1�O�r1�P 19 TECHNOLOGY DRIVE = IRVINE,CA 92618 S$aBEteC 949 923 6000 St3nbBcm. JAMES 0. 5TEINE5, P.L.5 GOBG V\projects\2042341410\SURMAP\DWG\SYAIE0161 dwg 21912010 105215 AM PST hi.N. 2042 341410 DATE- 2/9/10 EXHIBIT e91399 SHEET 2 OF 2 BEING ALL OF LOTS 'A' THROUGH 'E', INCLUSIVE, Of TRACT NO. 1707G, M.M. 892 / 27-3G, IN THE CITY Of HUNTINGTON BEACH, COUNTY OF ORANGE, STATE Of CALIFORNIA WATER LINE EA5EMENTS G7 GS G9 70 71 /y O�3 72 M I 88932 "Jo 73 I (R•N� v LOT 1C' 2�23 F 74 bC4,Pr 75 3 GG G5 G4 63grF�ly� 7G `9r�4J' M� G2 ��/LF 77 �"r�'Pi 4 1Olro LF �R• N GI 75 55 5G GO 57 79 LOT 'R' 54 58 80 50 59 4r'" 109 53 C�NG/� 81 52 '® n'RiyQT O/l V 82 108 46• 4, � Z 51 � � 92 91 83 107 49 �O�h N 0 . F P 93 qO Z a 84 10G N 110 W 45 9. Z j� W 105 -� 94 5q Z 55 123 In 47 95 104 88 � SG 122 4-14G t 103 P 9G v 87 O 121 45 27 36 102 �CF 4g, M' ea- /100 4G' 120 44 '4y�1 q5 99 101 qT F STRFFT��P/VF LOT @�►s 43 42 41 cs 34 33 32 35 37 3G 35 0 40 39 J SCALE: 1" = 120' V\pro1ects\2042341410\SURMAP\OWG\SYME0162 dwg 2/9/2010 10.59 16 AM PST ATTACHMENT #2 z_ WARNER AVE I NOT TO SCALE STEU.RECHF SEARIDGE _ GR HOUMSON Cl2 CIR CI CURB SCI�o 41 y CIR SEAPINE CIR H W O LOS PATOS AVE r MCKFCfD ' / COVEYM ' / j IL r I D SA ROVER i/ m31 R DR �IE f ' 1#ICitMATFR DR dS r r � y+ + 'r / r' Item 9. - 62 xB -562-