HomeMy WebLinkAboutHuntington Beach No. 1 - Watt Properties, Inc. - by Allison M. Lynch - Vice President - 2013-03-14This Document was electronically recorded by
City of Huntington Beach
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
RECORDING REQUESTED BY )11111111111111111111111111111111111111111111111111111111111111111111111IIIIN0 FEE
AND WHEN RECORDED RETURN TO: ) 2013000218650 04:05pm 04/11/13
City Clerk ) 66 401 Al2 8
Y ) 0.00 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 Recorder's use.]
This document is exempt from
recording fees pursuant to
Government Code Section 6103.
PEDESTRIAN ACCESS AND TRAFFIC EQUIPMENT
MAINTENANCE EASEMENT AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged Huntington
Beach No. 1. a California limited partnership, (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 traffic loops and equipment 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 and
equipment for the operation of traffic signals, including but not limited to, detector loops,
signal equipment cabinets, and underground equipment vaults, which structures may
extend above the surface of the ground (not within vehicular travel areas); together with
the right to enter and traverse upon 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, repairing,
renewing, inspecting, and operating said traffic loops and utilities. In addition, easement is
granted to the CITY for public walkway and pedestrian access purposes. Within easement,
an American Disability Act (ADA) complaint pathway to be voided and maintained
crossing the width of the commercial drive entrance. Said ADA pathway to remain free
from obstruction at all times.
Grantor retains the right to use the surface areas and the non-exclusive right to use
the subsurface areas of the easement in such a manner as Grantor shall deem proper.
Grantor may request CITY to change or relocate CITY's facilities at Grantor's expense. In
performance of any work which the CITY is authorized to perform in the area of such
12-3285/85235 1 of 3
easement, CITY shall avoid, to the extent reasonably possible, any damage or interference
with other installations in the areas of easement. Grantor shall not alter the grade, surface
or overhead conditions within the easement 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 overhead into the easement area. The CITY agrees to confer with
Grantor thereof in order that CITY activity will result in a minimum inconvenience or
hardship.
CITY accepts the easement 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.
12-3285/85235 2 of 3
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, an and under which
said easement is granted.
IN WITNESS WHEREOF, this Special Utility Easement has been executed by the
Grantor herein on March 14, 20 13.
OWNER: CITY OF HUNTINGTON BEACH, a municipal
HUNTINGTON BEACH NO.1, corporation of the State of California
a California limited partnership
By: WATT PROPERTIES, INC.,
a California corporation Director of Pu lic Works
its general partner
r ATTEST:
By,
Allison M. Lynchy V V ks
Its: Vice President
Saior' N��tl City Clerk
(PU UANTTOREsoLUTroNAu2003-29)
REVIE AND APPROVED:
l City Manager
APPROVED AS TO FORM:
UL'
F C y Attorney
12-3285/85235 3 of 3
State of California
County of L®S Ano, _kC S
On ywk 14 before me, �
1 t\t` \-C e e��die
c u �u�e .C, personally
(here insert name and title fficer)
Who proved to me on the basis of satisfactory evidence to be the personfA whose name* is/015 subscribed to the within
instrument and acimowledged to me that bWsheldW executed the same in hiaEherhhek authorized capacity( , and that by
10herMaeb signaturV on the instrument the person, or the entity upon behalf of which the persoi "j 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
NFA
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GAIL ANN FREEDMAN
Commission # 18 OW
Notary Public - California v
z ` Los Angeles County
My Comm. Expires Nov 9, 2013
DSE800475011
6932-2366/0-2031
TDN 404771
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �`i-it„11c�
O A- before me,
D to
personally appeared
P. L. ESPARZA
Commission # 1857021
z ;'•� Notary Public - California z
z ' Orange County
M X Comm. Expires Au 4, 2013
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of the
CIVIL CODE § 1189
who proved to me on the basis of satisfactory
evidence to be the persor-&whose namerjsre
subscribed to the within instrument and acknowle ged
to me that-hQ/spefthei)executed the same in
.hwhwAfieirauthorized capaci D and that by
bLsJhei ` signaturego on the instrument the
perso�, or the entity upon behalf of which the
persor g cted, 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.
WITNES ehnd official s al.
r s
Signature -
Place ^" �
Place Notary Seal Above }� A, q / Signature of N ry Public
®r ��®I tl/'96.
Though the information below is not required by law, it may prove valuable to persons relying on the doc ent
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attach ocument r
Title or Type of Document �7-��✓r't-/G�/irlt}T >m7"kj<ze
Document Date:
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:
0 2012 National Notary Association • NationalNotary.org 0 1
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
S NOTARY (1-800-876-6827) Item #;
EXHIBIT "A"
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING THAT PORTION OF PARCEL 2 OF THE PARCEL MAP FILED IN BOOK 3, PAGE 50 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE
NORTH LINE OF SAID PARCEL, NORTH 89024'50" EAST, 255.11 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, NORTH 89°24'50" EAST, 113.09
FEET; THENCE LEAVING SAID LINE SOUTH 44°22'54" WEST, 28.27 FEET; THENCE SOUTH
89°24'50" WEST, 6.48 FEET; THENCE SOUTH 00°35'10" EAST, 20.00 FEET; THENCE SOUTH
89024'50" WEST, 24.00 FEET; THENCE NORTH 00035'10" WEST, 12.00 FEET; THENCE
SOUTH 89024'50" WEST, 32.00 FEET; THENCE NORTH 00°35'10" WEST, 8.00 FEET; THENCE
SOUTH 89024'50" WEST, 7.52 FEET; THENCE NORTH 49°43'12" WEST, 30.57 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,567 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY AND EASEMENTS OF RECORD, IF ANY.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY SUPERVISION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
PAL APOTHELOZ P.L.S. 7734
LICENSE EXPIRES 12/31/13
DATE PREPARED: 09/04/12
PASCAL R.
APOTHELOZ
LS7734 fi'T
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— — — — — — — EXISTING PARCEL LINE
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PEDESTRIAN ACCESS AND ALM
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CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/Land Surveying/Land Planning (714) 685-6860
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— — — — — — — EXISTING PARCEL LINE SCALE: 1 "=40'
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EXHIBIT "B" 1160 S. Old Springs Road, Ste, 710
PEDESTRIAN ACCESS AND
TRAFFIC SIGNAL EASEMENT Man-ClEngineering, Inc. Anaheim Hills, California 92808
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CITY OF HUNTINGTON BEACH, CALIFORNIA Civil Engineering/land Surveying/Land Planning (714) 685-6860