HomeMy WebLinkAboutHuntington Beach High School District - 2011-07-29 This Document wz- electronically recorded by
• City ' .itington Beach
Recorded in Official Records, Orange County
Tom Daly,
`Clerk-Recorder
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RECORDING REQUESTED BY ) �IIIII�II�IWUYII9IIIIIIII9JIi NO FEE
AND WHEN RECORDED RETURN TO: ) 217 405 E01 9 2011000495616 03:12pm 10/05/11
City Clerk 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00
City of Huntington Beach
2000 Main Street ) '031D
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 Huntington
Beach Union High School District
, (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 (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.
Grantor retains the right to use the surface areas and the non-exclusive right to use
the subsurface areas of the easement and right of way in such manner as Grantor shall
g/agrectsurfnet/specil utility easemenU12-07 1
deem proper. Grantor may request CITY to change or relocate CITY's water mains or any
equipment incidental thereto, at Grantor's expense. In the performance of any of the work
which CITY is authorized to perform in the area of such easement and right of way, CITY
shall avoid, to the extent reasonably possible, any damage or interference with other
installations in the areas of such easement or right of way. Grantor shall not alter the
grade, surface or overhead conditions without prior written approval from the CITY.
There shall also 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 overhand into the easement ground area. The CITY agrees to confer
with Grantor thereof in order that CITY activity will result in a minimum of inconvenience
or hardship.
CITY accepts the easement and right of way granted hereby with the knowledge
that Grantor intends to improve the surface of the easement herein granted and use the
same for motor vehicle travel, pedestrian access, landscaping and related purposes. In
making any installation or in the performance of any work, CITY shall adequately protect
its installations against such use. In making any use of this easement, CITY shall:
(a) Make adequate provision for the safety and convenience of all persons
using such areas or other improvements or facilities in such areas;
(b) Replace and restore the areas and surface improvements to the condition in
which they were prior to the performance of such work, except for any enhanced
pavement. treatments other than asphalt concrete, any landscaping, and any
landscape irrigation facilities which shall be the responsibility of Grantor;
(c) Have no obligation for maintenance, repair or replacement of enhanced
pavement treatments, landscaping or irrigation facilities; and
(d) Hold Grantor and other users of the easements harmless against all claims,
liabilities or expenses, including costs and attorneys' fees, arising from CITY's use
of such area.
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
g/agree/surfnet/specil utility easement/12-07 2
said easement and right of way or the interest of Grantor in the land in, on and under which
said easement is granted.
IN WITNESS WHEREOF, this Special Utility Easement has been executed
by the Grantor herein this 9L// day of 20I 1
GRANTOR Huntington Beach CITY OF HUNTINGTON BEACH, a municipal
Union High School District corporation of the State of California
By.
G1,n
print name Director of P lic Works
ITS: (circle one)Chairman/Preside ice
President ATTEST:
By' City Clerk
PURSUANT TO RESOLUTION NO.2 O3-29)
print name
ITS: (circle one)Secretary f Financia REV ND APPROVED:
tcei sst.Secretary-Treasurer
City Manager
APPROVED AS TO FORM:
City Attorney
g/agree/surfnet/specil utility easement/12-07 3
NOTARY ACKNOWLEDGEMENT
State of CW»V_C�,P,N I VA )
) SS
County of(�RyiWQ�E )
On this 1 'Q — 11 before me, C�9�CbL1_ �}. I H 61�S� Q�a 1► 2 Y f�U$LI G
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC
personally appeared CA Q R I E a.`I N � ,1. u_y,;�)04
NAME(S)OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
--Ware subscribed to the within instrument and acknowledged to me thatirefshe/they executed
the same in4isRter/their authorized capacity(ies),and that by+As4w/their signature(s)on the
instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand:
SIGNATURE
Notary Public in and for said State
C_�qp_nL-E� W . CAROLE A. THOMAS
(NAME PRINTED) Commission#I 1914703
'Q Notary Public-California
3� Orange County
My Comm.Expires Dec 29,2014
G:\Engineering Division\DEVELOPMENT\DEEDS&EASEMENTS\New Notary Statement(03-05-08)jrw.doc
ACKNOWLEDGMENT
State of California )
ss
County of Orange )
On September 26, 2011 before me, P.L. Esparza,Notary Public for the State of California,
personally appeared Joan L. Flynn and Travis Hopkins who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities and that by their
signatures on the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. P L. ESPARZA
Commission # 1857021
( zra,
Notary Public-California D
Orange County
M Comm.Expires Au 4.2013
(Notary Signatur
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EXHIBIT "p"
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LEGALEXHIBIT
FOR
HUNTINGTON BEACH HIGH SCHOOL
WATER LINE EASEMENT
THAT PORTION OF PARCEL 1 , AS SHOWN ON THE MAP FILED IN BOOK 40,
PAGE 40 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF PALM AVENUE
AND 17T" STREET, AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG THE CENTERLINE OF SAID 17T" STREET NORTH 41°39'49"
EAST 1598.82 FEET;
THENCE LEAVING SAID CENTERLINE OF 17T" STREET NORTH 48020'11"
WEST 45.00 FEET TO THE MOST EASTERLY CORNER OF TRACT NO.
14320, AS SHOWN ON THE MAP FILED IN BOOK 700, PAGES 36 THROUGH
38 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. 14320,
NORTH 48021'25" WEST 341.52 FEET TO THE BOUNDARY LINE BETWEEN
PARCELS 1 AND 2 OF SAID PARCEL MAP;
THENCE ALONG SAID BOUNDARY LINE NORTH 41039'35" EAST 38.00
FEET;
THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 01039'35"
EAST 150.01 FEET TO THE TRADE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 48021'25"
WEST 23.64 FEET TO THE MOST SOUTHERLY CORNER OF THAT CERTAIN
PROPERTY CONVEYED TO CRYSTAL ISLAND, LLC, A LIMITED LIABILITY
COMPANY BY GRANT DEED RECORDED SEPTEMBER 10, 2001 AS
INSTRUMENT NO. 20010638268, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID GRANT DEED
NORTH 41038'35" EAST 60.00 TO A LINE THAT IS PARALLEL WITH AND
60.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID
GRANT DEED;
THENCE ALONG SAID PARALLEL LINE SOUTH 48021'25" EAST 51.62 FEET;
102-0344E
7/18/2011
THENCE LEAVING SAID PARALLEL LINE SOUTH 01039'35 WEST 26.63 FEET
TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PROPERTY
CONVEYED TO HUNTINGTON BEACH UNION HIGH SCHOOL BY
CORPORATION GRANT DEED RECORDED IN BOOK 12901, PAGE 526,
OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE NORTH 89038'42" WEST 60.01
FEET TO THE TRADE POINT OF BEGINNING.
CONTAINS 3057 SQ.FT. = 0.07 ACRES, MORE OR LESS.
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
BY THIS REFERENCE.
SUBJECT TO ALL RIGHTS, RIGHTS OF WAY, COVENANTS, CONDITIONS
AND EASEMENTS OF RECORD, IF ANY.
NPL LAyo
STEVEN L. RAY, V.S. 6980 EXP. 9/30/011 DATE 0EN GAG
� � m
x No.6980 0 ,
a Exp.9-30-11 x
N.
OF CALF
102-0344E
7/18/2011
CRYSTAL ISLAND LLC
GRANT DEED
INST. #20010638268
REC. 9-10-01
lj
6
TR. 14321 PARCEL 1
EASEMENT AREA M.M. 796/36-38 P.M.B. 40/40
3,057 S.F. HUNTINGTON BEACH H.S.
�s L8 SEE EN CED 901/526
T.P.D.B. L9 --- DETAIL AT LE
I°f
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ENLARGE® DETAIL I v
SCALE.- 1'--40" L6
CRYSTAL ISLAND LLC ' L5 L9 ' 8- --—
GRANT DEED ® T.P.0.B.
i !
INST. #20010638268 ® ® ®L ® �
REC. 9-10-01
i
i
LINE DATA L3 i
No BEARING LENGTH
L 1 N 48*20'11" W 45.00' �`.
L2 N 48'21'25" W 341.52' L2
N L3 N 413935" E 38.00' TR. 14320
L4 N 01'3935" E 150.01' M.M. 700/36-38
a
L
L5 N 48'21'25" W 23.64' 1
L6 N 413835" E 60.00'
L7 S 48721'25" E 51.62' PARCEL 2
W L8 S 0I'3935" W 26.63' P.M.B. 40/40 pQ�
W L9 N 893842" W 60.01'
a hqb
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a Sip LAND SUS`
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�q`F / � -30-11t1 Q
m 29" I.P. w/BRASS BRAD TAGGE POINT OF
o "CITY OF H.B. R.C.E. 10655 IN COMMENCEMENT DF CALF
_2 STANDARD CITY WELL MON.
SCALE.- 1=200"
v g� JOB: DATE:
SLR 102-0344E 6/30/11
Cidl Engiveedns Inc. DRAWN:
0 6104 RIVERSIDE AVENUE ® SUITE A EASEMENT PLAT SR SHEET 1
RIVERSIDE, CA 92506 HUNTINGTON BEACH UNION SCHOOL DISTRICT CHECKED: OF 1
(951) 784-2344 FAX (951) 683-6915 1 1 SLR
r r
City ®f Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
' Joan L. Flynn, City Clerk
DEED CERTIFICATION
CITY OF HUNTINGTON BEACH
This is to certify that the interest in real property conveyed by the Deed dated
JULY 29, 2011, from HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT
to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned
officer or agent on behalf of the City Council of the City of Huntington Beach
pursuant to the authority conferred by Resolution No. 3537 of the City Council of
the City of Huntington Beach adopted on August 7, 1972, and the grantee
consents to the recordation thereof by its duly authorized officer.
Dated: October 5, 2011
CITY OF HUNTINGTON BEACH
� 03110,0j4")
JOAN L. FLYNN, CIVIC
CITY CLERK
glfollowup./deeds/deedcert2002.doc Government Code§27281
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