HomeMy WebLinkAboutAdhurst, LLC - Robert M. Jonas - Manager - Chase Bank - 2013-03-06r'
This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Renee Ramirez, Assistant Clerk Recorder
RECORDING REQUESTED BY ) 11111111111111111111111111111111111111111111111111111111111111111111111IIOINO FEE
AND WHEN RECORDED RETURN TO: 406 Al2 7 2013000180529 12:12pm 03/26/13
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City Clerk 0.00 0.00 0.00 18.00 0.00 0.00 0.00
City of Huntington Beach )
2000 Main Street )
Huntington Beach, CA 92648 )
z000 1 ,alQw1<m 4r Sr. [Space above this line for Recorder's use.]
(CmcSfr ,�j,l� 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, Adhurst,
LLC, a California limited liability company, (hereinafter "GRANTOR"), hereby grants
and conveys to the City of Huntington Beach, a municipal corporation of the State of
California (hereinafter "CITY") a perpetual non-exclusive easement and right of way to
install, maintain, repair, improve and relocate a pipeline or pipelines, with incidental
ordinary and necessary appurtenances and connection(s), in, on and under said real
property for its entire length and full width as described on Exhibit A and Exhibit B
(attached hereto and incorporated by this reference), and made a part hereof; and to
construct structures for the transmission and delivery of water, or reclaimed water,
including but not limited to, manholes, measuring devices, air valves, blow -offs, stations,
standpipes, fire hydrants, and service connection structures appurtenant to said line or
lines, which structures may extend above the surface of the ground; together with the
right to enter and traverse upon other land of GRANTOR in order to obtain access to and
along said strip of land and to deposit tools, implements and material thereon by CITY,
its officers, agents and employees or by persons under contract to CITY, whenever and
wherever necessary for the purpose of laying, constructing, reconstructing, renewing,
inspecting, maintaining, operating, repairing, enlarging, replacing and using said water
transmission and delivery line or lines.
agree/city wide/special utility easement 1
i
GRANTOR retains.the right to use the surface of the non-exclusive right to use
the subsurface areas of the easement and right of way in such manner as GRANTOR
shall deem proper. GRANTOR may request CITY to change or relocate CITY's water
mains or any equipment incidental thereto, at GRANTOR's expense. In the performance
of any of the work which CITY is authorized to perform in the area of such easement and
right of way, CITY shall avoid, to the extent reasonably possible, any damage or
interference with other installations in the areas of such easement or right of way.
GRANTOR shall not alter the grade, surface or overhead conditions without prior written
approval from CITY. There shall be no less than 20 feet of clear vertical space
immediately above the surface areas of the easement measured from finished ground
level, nor shall any trees be located within, or overhead into the easement ground area.
The CITY agrees to confer with GRANTOR thereof in order that CITY activity will
result in a minimum of inconvenience or hardship.
CITY accepts the easement and right of way granted hereby with the knowledge
that GRANTOR intends to improve the surface of the easement herein granted and use
the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In
making any installation or in the performance of any work, CITY shall adequately protect
its installations against such use. In making any use of this easement, CITY shall:
(a) Make adequate provision for the safety and convenience of all persons
using such areas or other improvements or facilities in such areas;
(b) Replace and restore the areas and surface improvements to the condition
in which they were prior to the performance of such work, except for any
enhanced pavement treatments other than asphalt concrete, any landscaping, and
any landscape irrigation facilities which shall be the responsibility of GRANTOR;
(c) Have no. obligation for maintenance, repair or replacement of enhanced
pavement treatments, landscaping or irrigation facilities; and
(d) Hold GRANTOR and other users of the easement harmless against all
claims, liabilities or expenses, including costs and attorneys' fees, arising from
CITY's use of such area.
agree/city wide/special utility easement 2
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 6rWdayof MIAR4G 14 , 2013.
GRANTOR CITY OF HUNTINGTON BEACH,
Adhurst, LLC, a California limited liability a municipal corporation of the State
company. of California
By:-'��-'''Yt.
(print name) Director of Publi Works
ITS: (circle one) Chairman/President/Vice
President/Assistant Secretary
I0
(print name)
APPROVED AS TO FORM:
ITS: (circle one) Chairman/President/Vice
President/Assistant Secretary
City Attorney } ( y/ 2--" j
REVIE ND APPROVED:
City Manager
agree/city wide/special utility easement
NOTARY ACKNOWLEDGEMENT
State of 0/ (LI diyw C )
n- ) SS
County of h)s;
On this before me, j10dI # J✓e%l % U5 U ably-
DATE NAME, TITLEOF OFFICER-E.G., "JANE DOE, NOTARYIPUBLIC
personally appeared D bwt m , `I tna-s
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(4 whose name(
isGare subscribed to the within instrument and acknowledged to me that he/,she4he�-executed
the same in his/her/their authorized capacity (4es), and that by his/herftkie-ir signatureo) on the
instrument the person, 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.
JUDITH J. ffiCLEMENS
Witness my han � , �� J) Commission # 1974486
SIGNATURE r (��(� "-s Notary Public - California
Notary PuOic in and for said State 2 Los Angeles County
Comm. Ex ' es Ma 5, 2016
0 w1 ,� �-Iern s
(NAME PRINTED)
GAEngineering Division\DEVELOPMENT\DEEDS & EASEMENTS\New Notary Statement (03-05-08)jrw.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CML CODE § 1189
State of California
County of 0)e, -rj6L
On S' ID before me, �• �--- �=—SP L4 � uL
ate of
/ _ Here Insert Name and Titl of the Officer
personally appeared �iQr¢It)/J 1PiCeiliS 4,N6 `JQAAJ L - %LViJA)
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose named fsAg®rd'
subscribed to the within instrument and acknowledged
to me that A9414493 executed the same in
-4WhqqAW authorized capacity es and that by
-Jail el signature(D on the instrument the
persorio, or the entity upon behalf of which the
persolioacted, executed the instrument.
P. L. ESPARZA —4
Commission # 185702, 1 certify under PENALTY OF PERJURY under the
Z Notary Public - California 2 laws of the State of California that the foregoing
Orange County D
paragraph is true and correct.
MY Comm. Expires AV . 2013
WITNESS my han d o 'cial seal.
Signature:
Place Notary Seal Above Si ature o ota ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: AEU 4t7741Z 1 45&RrA�l n��T
Document Date: 454 .fry 06 AID /4 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
t7 9019 National Notary Association • NationalNotarv.ora • 1-800-US NOTARY (1
Item
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR WATERLINE EASEMENT
BEING A PORTION OF PARCEL 3 OF PARCEL MAP RECORDED IN BOOK 29, PAGE 40,
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 3;
THENCE LEAVING THE NORTHERLY PARCEL LINE OF SAID PARCEL 3, SOUTH 85°
28' 26" EAST 30.15';
THENCE NORTH 880 48' 55" EAST 45.75' TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 880 48' 55" EAST 8.00';
THENCE SOUTH 010 11' 05" EAST 6.00';
THENCE SOUTH 880 48' 55" WEST 8.00';
THENCE NORTH 010 11' 05" WEST 6.00' TO THE TRUE POINT OF BEGINNING.
CONTAINING: 48.00 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
Paul' D. CrA
My License
.L.S. No. 8516
)ires 12/31/14
tz �z
Dat d
Seal
No. 8516
Exp./
TF OF CAO�;,�"
19A, IS; -OF BEARINGS:
THE BASIS OF BEARINGS FOR LEGAL
DESCRIPTION IS BASED ON THE CENTERLINE
OF ADAMS AVENUE BEARING N88'48'55"E AS
SHOWN ON PARCEL MAP RECORDED IN BOOK
29 PAGE 40 OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXHIBIT "B"
ADAMS A VENUE
DEEDED TO CITY OF HUNTINGTON BEACH, A
MUNICIPAL CORPORATION, BY GRANT DEED
RECORDED ON SEPTEMBER 21, 2004 AS
(N89'35'59"W)
[N88'48'55"E]
•� (N89'35'59
[N8848'5;,
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OAP` LAND v`
IN/CtC'G�G
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a CL No. 8516 -�'+ `
Exp. 12/31 /14
130.04'
' 100.04
[N88'48'55"E]
BASIS OF BEARINGS
45.75
7 —J�LJ
V =t�,� �• SEE HEREON
DETAIL "A"
N N o ,� �(D=89'55'40")
N ZQ� (R=30.00')
00 00 LEGEND: (L=47.08')
- DENOTES CENTERLINE PAINC[E=L 3
P.O.B. - POINT OF BEGINNING p°M° 8 ° 29140
T.P.O.B. - TRUE POINT OF BEGINNING
( ) - INDICATES RECORD DATA PER
INSTRUMENT NO. 2004000845594, REC.
SEPTEMBER 21, 2004.
INDICATES RECORD DATA PER
PARCEL MAP RECORDED IN BOOK 29
PAGE 40 OF PARCEL MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
N89'35'59"W) f N88'48'55"El f 160.
TA
THIS EXHIBIT HAS BEEN PREPARED BY ME OR
UNDER MY DIRECTION -
PAUL D. CRAFT, P L.S. 8516,
LICENSE REN WA DATE: 12/31/14
DETAIL "A"
SCALE: 1 " = 6'
/N
EASEMENT
�o FOR WATERLINE
'-(6 PURPOSES
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S88' 48' 55
8.00'
[D=89'55'40"]
[R=30.00']
[L=47.08']
N01' 15'25"W]
N00' 19'21 "E)
�3.00')
60'
0
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DEEDED TO CITY OF
9
b HUNTINGTON BEACH, A
MUNICIPAL CORPORATION, BY
GRANT DEED RECORDED ON
w SEPTEMBER 21, 2004 AS
INSTRUMENT 2004000845594,
b o O.R.
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BY: P. D. C. PROJECT SURVEYOR: LOCATION
APEX LAND SURVEYING, INC. 20001 Brookhurst Street
DATE: 12/19/2012 8512 OXLEY CIRCLE Huntington Beach, CA 92646
SCALE: JOB : HUNTINGTON BEACH, CA 92646
PHONE: (714)488-5006 Exhibit '°B°° SHEET N0.
1 " = 40' 11031 FAX: (714)333-4440 Water Easement 1 OF 1